Motion,Ex Parte: Michael West v. Allstate Insurance Company

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                                FILED:         QUEENS        COUNTY         CLERK        05/04/2022             10:28       AM                      INDEX    NO.   714855/2021
   NYSCEF     DOC.   NO.   25                                                                                 RECEIVED      NYSCEF:     05/04/2022




                  SUPREME COURT OF THE STATE OF NEW YORK                                  Index No.    714855/2021
                  COUNTY OF QUEENS
                                                                                                    NOTICE OF MOTION

                  MICHAEL WEST                                                            Return Date:     5/26/22
                                                              Plaintiff,

                                         -Against-                                        Trial Status: Not Assigned

                  ALLSTATE INSURANCE COMPANY
                                                              Defendant.




                  Counselors:

                           PLEASE      TAKE     NOTICE,      that upon   the annexed    affirmation  of  Michael   D.  Nathan,  ESQ.,

                  dated May 3, 2022, upon the pleadings and proceedings heretofore had herein, the undersigned will move

                  this Court, at Supreme Court of the State of New York, County of Queens at 88-11 Sutphin Blvd, Queens,

                  NY 11435, on 5/26/22, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel can be

                  heard for an Order:

                                    1)   Pursuant to CPLR § 3126, striking defendant’s answer for its failure
                                         to comply with plaintiff’s discovery demands;
                                    2)   Rendering    a judgment    by   default  against  defendant    in favor   of
                                         plaintiff for payment of the medical bills totaling $76,000.00, and
                                    3)   Directing  statutory  interest,  statutory  attorneys  fees  and  costs  be
                                         granted in favor of plaintiff; and
                                    4)   Or   in  the  alternative,   pursuant   to  CPLR     §  3124    compelling
                                         defendant   to answer    plaintiff’s discovery   demands    within  twenty
                                         (20) days herein;
                                    5)   Or  in  the   alternative,  precluding    defendant   from   offering   any
                                         evidence or testimony at the trial of this action with referenced to the
                                         items sought within said discovery; and
                                    6)   For such other and further relief as to this Court may seem just and
                                         proper.




                                                                  L&B File No.: 2160-IP-01


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   FILED:         QUEENS        COUNTY         CLERK        05/04/2022             10:28       AM                      INDEX    NO.   714855/2021
   NYSCEF     DOC.   NO.   25                                                                                 RECEIVED      NYSCEF:     05/04/2022




                           PLEASE TAKE FURTHER NOTICE that you are required serve upon the undersigned your

                  answering papers     no later than  seven  (7)  days  before the  return  day of  this application.   If services  of

                  opposing papers are made by mail, same must be mailed twelve (12) days prior to the return date of this

                  application.  (CPLR § 2103).

                           PLEASE      TAKE      FURTHER        NOTICE      that  in  the  event   service  is  not  made   upon    the

                  undersigned as set forth in the preceding paragraph, the Court should not read nor hear any opposition set

                  forth  by the  Respondent    and  in no  event  give  any  consideration   to  same.  See.   Wallin   v. Wallin,  34

                  A.D.2d 870 (1970).

                  Dated: May 3, 2022
                                                                         LEWIN & BAGLIO, LLP
                                                                         By: MICHAEL D. NATHAN, ESQ.
                                                                         Attorneys for the Plaintiff
                                                                         1100 Shames Drive
                                                                         Suite 100
                                                                         Westbury, New York 11590
                                                                         Tel:  (516) 307-1777
                                                                         Fax: (516) 307-1770
                                                                         L&B File No.: 2160-IP-01


                  To:
                           Peter C. Merani PC
                           Attorney for the Defendant
                           1001 Avenue of the Americas suite 1800
                           New York, NY 10018

                           Defendant’s File No.: 055507293.11-
                           Defendant’s Claim No.: 05550729732NW-




                                                                  L&B File No.: 2160-IP-01


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