Preview
FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
SARAH 30287/2017E
RODRIGUEZ,
Plaintiff,
-against- AFFIRMATION
REQUESTING
CDC EAST 105TH STREET L.P. ADJOUNRMENT
REALTY,
and CDC 111th STREET REALTY, L.P.,
Motion Sequence
Defendants. #003
STATE OF NEW YORK
COUNTY OF BRONX, ss.:
Charles E. Finelli, an attorney admitted to practice in the
State of New York, affirms the following under the penalties of
perjury:
1. I am the attorney of record for plaintiff SARAH
RODRIGUEZ, and as such am thoroughly conversant with the facts
and circumstances herein based upon the contents of the file
maintained by this office.
2. This Affirmation is submitted in support of plaintiff's
defendants'
application for an adjournment of the return date of
motion to vacate a judgment previously issued by this Court.
3. This is an action for personal injuries sustained by
plaintiff in an incident which occurred on April 15, 2015, at an
apartment building owned, controlled, and/or managed by
defendant(s).
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4. Plaintiff was granted a default judgment against
defendants by this Court's prior Order dated August 17, 2022 (See
defendants'
Exhibit M to moving papers).
5. By Notice of Motion dated September 30, 2022,
defendants brought on the within motion for an Order vacating
the default judgment previously issued by this Court, and/or
defendants'
compelling plaintiff to accept years-late Answer as
timely. That motion was made returnable on October 21, 2022.
6. On October 19, 2022, Peter Graff, an attorney in this
defendants'
office, telephoned counsel with a request to adjourn
defendants'
motion on consent. After speaking with a Paralegal
named Emily, Mr. Graff left a voicemail for Nicholas Saady,
Esq., who was identified by Emily as the Associate handling this
matter on a day-to-day basis.
7. As Mr. Graff did not hear back from defense counsel on
October 19, 2022, he called and spoke with Mr. Saady on the
morning of October 20, 2022, at which time he reiterated
defendants'
plaintiff's request for an adjournment of motion,
and pointed out that same would be returnable for the first time
on October 21, 2022.
8. At that time, Mr. Saady represented that he had to
"co-counsel"
speak to various people, including his and client
before he could provide an answer as to whether consent for the
requested first adjournment would be granted.
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9. That conversation was confirmed by email, and is part
of an email exchange between Mr. Graff and Mr. Saady which
continued throughout the day on October 20, 2022. As review of
that email exchange confirms, the substance of defense counsel's
ultimate response was that defendants refuse to consent to any
adjournment of their motion, despite the fact that is "first
on"
time as of October 21, 2022 (See Exhibit 1 hereto, a copy of
that email exchange).
10. In light of the foregoing, plaintiff has been left with
no alternative but to burden this Court with her request for an
defendants'
adjournment of motion, something she has been
diligently attempting to avoid doing for the last two days.
11. In light of the foregoing, plaintiff respectfully
defendants'
requests that motion to vacate, presently returnable
on October 21, 2022, be adjourned to November 21, 2022, or to a
subsequent date available and convenient to this Court.
12. No prior application for the relief requested herein
has been made to this or any other Court.
WHEREFORE, it is respectfully requested that plaintiff's
defendants'
within application be granted in all respects, that
motion to vacate, presently returnable on October 21, 2022, be
adjourned to November 21, 2022, or to a subsequent date
available and convenient to this Court, and that plaintiff have
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such other and further relief as this Court deem just
may and
proper.
Dated: Bronx, New York
October 21, 2022
fÂade4 E 74te&
CHARLES E. FINELLI
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RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P.,et al..Index #: 30287/2017E
From: Saady, Nicholas
Sent: Thu, Oct 20, 2022 at 14:56
To: peter.graff@finelliesq.com
Cc: Frank Ross,Giardino,John, Andre J. Major,StanleyGoos
image003.png (<1 KB) image004.png (<1 KB)- Download all
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Correct. We do not consent to any adjournment ofthe return date forour motion to vacatedefaultjudgment.
Regards,
Nick
Nicholas Saady
PRYORCASHMAN LLP
Cell: 760-989-2024
Office:212-326-0109
Address:7 Times Square (TimesSquare Tower),New York, NY 10036-6569
Profile|| LinkedIn
From: peter.graff@finelliesq.com
Sent: Thursday,October 20, 2022 11:55 AM
To: Saady,Nicholas
Cc: Frank Ross ;Giardino, John ; Andre J. Major
; Stanley Goos ; peter.graff@finelliesq.com
Subject: RE: Sarah Rodriguezv. CDC East105th Street Realty,LP.,et al..
Index #: 30287/2017E
Importance: High
And you remain unwilling to sign a Stipulation adjourning the motion in the
meantime, correct?
Peter Graff
-----Original Message-----
Nicholas"
From: "Saady,
Sent: Thursday, October 20, 2022 14:52
"peter.graff@finelliesq.com"
To:
Ross" John"
Cc: "Frank , "Giardino,
Major"
, "Andre J. , "Stanley
Goos"
Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.. Index
#: 30287/2017E
Thank you for your email Mr. Graff. We hope that Mr. Ross is able to quickly get
instructions from your client regarding this.
Unfortunately, I did not receive any message from Emily and I told you on the phone
that I did not receive your voicemail yesterday (I listened to it this morning
after you called me - I do not listen to voicemails from unknown numbers
generally
and am inundated with work at the moment). Even if I had been aware of it
yesterday, you would still have provided us with such a request a week after your
reply papers were due and just two days before the motion is returnable.
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INDEX NO. 30287/2017E
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NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022
Despite that, I again reiterate that we are eager to proceed with this case in good
faith and move forward in a manner that is time, cost and resource efficient for
all parties and the Court. We hope that is reciprocal and we look forward to
hearing from Mr. Ross and yourself as soon as you are able to get instructions from
your client.
Regards,
Nick
Nicholas Saady
PRYOR CASHMAN LLP
Cell: 760-989-2024
Office: 212-326-0109
Address: 7 Times Square (Times Square Tower), New York, NY 10036-6569
Profile || LinkedIn
From: peter.graff@finelliesq.com
Sent: Thursday, October 20, 2022 11:43 AM
To: Saady, Nicholas
Cc: Frank Ross ; Giardino, John
; Andre J. Major ; Stanley Goos
; peter.graff@finelliesq.com
Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.. Index
#: 30287/2017E
Importance: High
Dear Mr. Saady:
As I advised you when we spoke on the telephone earlier this afternoon, I am not
authorized to vacate the default judgment previously entered in plaintiff's favor
today, as any such move would require dialogue with, and the participation of, both
this firm's Managing Attorney, Frank A. Ross, Esq. and our client.
As such, it is not possible to enter into any such Stipulation today.
Further, as you have advised us that your office, and/or your co-counsel, and/or
defendants' motion
your client(s) will not consent to a simple adjournment of to
vacate, despite the fact that same is on for the first time tomorrow, we are left
with no alternative but to make an appropriate application to the Court.
Parenthetically, we are confused as to why you would claim that plaintiff's request
for an adjournment was made for the first time today, when I left you a voicemail
regarding this issue yesterday, after having first spoken with Mr. Giardino's
Paralegal, Emily.
Sincerely,
Peter Graff
Law Office of Charles E. Finelli & Associates, PLLC
1406-08 Zerega Avenue
Bronx, New York 10462
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INDEX NO. 30287/2017E
FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022
Tremont Office: (315) 522-3285
Email: peter.graff@finelliesq.com
Tel. 315-522-3285
Fax 718-954-9358
-----Original Message-----
Nicholas"
From: "Saady,
Sent: Thursday, October 20, 2022 13:35
"peter.graff@finelliesq.com"
To:
Ross" John"
Cc: "Frank , "Giardino,
Major"
, "Andre J. , "Stanley
Goos"
Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.
Mr. Graff,
Thank you for your email and for speaking with me this morning.
As to save parties'
discussed, the immense wastage of the Court's and the time and
resources in moving forward with this motion to vacate, we propose the parties
file a stipulated order default judgment and defendants'
today vacating accepting
answer as timely. That document obviates the need for any adjournment with respect
to the current motion to vacate, and is a document that we could easily draft and
file today. Please let us know as soon as possible today if that is acceptable to
you and your client (I understand you also need to consult Mr. Ross).
We know that the motion is returnable tomorrow, but we emphasize that we only
received this request today (despite the reply papers being due over a week ago)
and are trying to act as quickly as we can in the circumstances.
As I discussed with you in detail on the phone, we reiterate the conduct in this
case so far, where: (i) our firm contacted your firm almost immediately after our
client received notice of this case; (ii) we shortly after filed an answer with
your firm's consent, only for it to then be subject to a notice of rejection (which
you now inform me was because of some issue with the defenses raised - although we
only just found out about that today. We would have hoped if there was any such
issue, you would have informed us at the time, and we could have considered
addressing any issue); and (iii) your client has continued with its renewed motion
for default and filed a note of issue without any correspondence with our firm.
Due to this, our client has been forced to incur significant and largely
unnecessary expense in moving to vacate default judgment, which continues to this
day. Put simply, this is not a desirable way to conduct litigation.
All of that is what it is, and we are eager to proceed in good faith in this case.
We consider the most amicable and time/resource efficient way forward is to enter
into the stipulated order mentioned above.
Please let us know today if that is acceptable and we can propose a stipulated
order for filing today.
Regards,
Nick
Nicholas Saady
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PRYOR CASHMAN LLP
Cell: 760-989-2024
office: 212-326-0109
Address: 7 Times Square (Times Square Tower), New York, NY 10036-6569
Profile || LinkedIn
_...........__.....
From: peter.graff@finelliesq.com
Sent: Thursday, October 20, 2022 8:02 AM
To: Saady, Nicholas
Cc: Frank Ross ; peter.graff@finelliesq.com
Subject: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.
Importance: High
Dear Mr. Saady:
Thank you for taking the time to speak to me this morning.
As discussed, please get back to me by 2:00PM today to advise whether or not your
office is to consent to plaintiff's request adjourn defendants'
willing to motion
to vacate for 30 days.
Upon receipt of an answer in the affirmative, we will draft a Stipulation
effectuating the adjournment, forward same to you for your signature, and file the
executed Stipulation with the Court.
Upon receipt of an answer in the negative, we will make our application directly to
the Court.
My contact information is set forth below.
Thank you for your kind attention to this matter.
Sincerely,
Peter Graff
Law Office of Charles E. Finelli & Associates, PLLC
1406-08 Zerega Avenue
Bronx, New York 10462
Tremont Office: (315) 522-3285
Email: peter.graff@finelliesq.com
Direct Dial/ Cell: (516) 582-9880
Tel. 315-522-3285
Fax 718-954-9358
NOTICE***
***CONFIDENTIALITY
This email contains confidential information which may also be legallyprivileged and which is intended only for
the use of the recipient(s) named above. Ifyou are not the intended recipient, you are hereby notified that
forwarding or copying of this email, or the taking of any action in reliance on itscontents, may be strictly
prohibited. Ifyou have received this email in error, please notify us immediately by reply email and delete this
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INDEX NO. 30287/2017E
FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022
NOTICE***
***CONFIDENTIALITY
This email contains confidential information which may also be legally privileged and which is intended only for
the use of the recipient(s) named above. Ifyou are not the intended recipient, you are hereby notified that
forwarding or copying of thisemail, or the taking of any action in reliance on itscontents, may be strictly
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NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
SARAH RODRIGUEZ, 30287/2017E
Plaintiff, AFFIRMATION OF
-against-
SERVICE
CDC EAST 105TH STREET REALTY, L.P.
and CDC 111th STREET REALTY, L.P.,
Defendants.
STATE OF NEW YORK
COUNTY OF BRONX, ss.:
Charles E. Finelli, an attorney admitted to practice law in
the State of New York, affirms the following under the penalties
of perjury:
On October 21, the within Affirmation Requesting Adjournment
was duly served:
[X] By filing same electronically with the NYSCEF system;
PRYOR CASHMAN LLP
7 Times Square
New York, New York 10036
HARRIS BEACH PLLC
23rd
100 Wall Street, FlOOr
New York, New York 10005
Dated: Bronx, New York
October 21, 2022
(Antee S. pam
CHARLES E. FINELLI
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_________________________________________________________________
Index No. 30287/2017E
SARAH RODRIGUEZ,
Plaintiff,
-against-
CDC EAST 105TH STREET REALTY, L.P.
and CDC lllth STREET REALTY, L.P.,
Defendants.
________________________________________________________________
AFFIRMATION REQUESTING AD JOURNMENT
___________________________________________________________
LAW OFFICES OF CHARLES E . FINELLI & ASSOCIATES , PLLC
Attorneys for Plaintiff
140608 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
12 of 12
Preview
FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. SARAH 30287/2017E RODRIGUEZ, Plaintiff, -against- AFFIRMATION REQUESTING CDC EAST 105TH STREET L.P. ADJOUNRMENT REALTY, and CDC 111th STREET REALTY, L.P., Motion Sequence Defendants. #003 STATE OF NEW YORK COUNTY OF BRONX, ss.: Charles E. Finelli, an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: 1. I am the attorney of record for plaintiff SARAH RODRIGUEZ, and as such am thoroughly conversant with the facts and circumstances herein based upon the contents of the file maintained by this office. 2. This Affirmation is submitted in support of plaintiff's defendants' application for an adjournment of the return date of motion to vacate a judgment previously issued by this Court. 3. This is an action for personal injuries sustained by plaintiff in an incident which occurred on April 15, 2015, at an apartment building owned, controlled, and/or managed by defendant(s). 1 of 12 FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 4. Plaintiff was granted a default judgment against defendants by this Court's prior Order dated August 17, 2022 (See defendants' Exhibit M to moving papers). 5. By Notice of Motion dated September 30, 2022, defendants brought on the within motion for an Order vacating the default judgment previously issued by this Court, and/or defendants' compelling plaintiff to accept years-late Answer as timely. That motion was made returnable on October 21, 2022. 6. On October 19, 2022, Peter Graff, an attorney in this defendants' office, telephoned counsel with a request to adjourn defendants' motion on consent. After speaking with a Paralegal named Emily, Mr. Graff left a voicemail for Nicholas Saady, Esq., who was identified by Emily as the Associate handling this matter on a day-to-day basis. 7. As Mr. Graff did not hear back from defense counsel on October 19, 2022, he called and spoke with Mr. Saady on the morning of October 20, 2022, at which time he reiterated defendants' plaintiff's request for an adjournment of motion, and pointed out that same would be returnable for the first time on October 21, 2022. 8. At that time, Mr. Saady represented that he had to "co-counsel" speak to various people, including his and client before he could provide an answer as to whether consent for the requested first adjournment would be granted. 2 of 12 FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 9. That conversation was confirmed by email, and is part of an email exchange between Mr. Graff and Mr. Saady which continued throughout the day on October 20, 2022. As review of that email exchange confirms, the substance of defense counsel's ultimate response was that defendants refuse to consent to any adjournment of their motion, despite the fact that is "first on" time as of October 21, 2022 (See Exhibit 1 hereto, a copy of that email exchange). 10. In light of the foregoing, plaintiff has been left with no alternative but to burden this Court with her request for an defendants' adjournment of motion, something she has been diligently attempting to avoid doing for the last two days. 11. In light of the foregoing, plaintiff respectfully defendants' requests that motion to vacate, presently returnable on October 21, 2022, be adjourned to November 21, 2022, or to a subsequent date available and convenient to this Court. 12. No prior application for the relief requested herein has been made to this or any other Court. WHEREFORE, it is respectfully requested that plaintiff's defendants' within application be granted in all respects, that motion to vacate, presently returnable on October 21, 2022, be adjourned to November 21, 2022, or to a subsequent date available and convenient to this Court, and that plaintiff have 3 of 12 FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 such other and further relief as this Court deem just may and proper. Dated: Bronx, New York October 21, 2022 fÂade4 E 74te& CHARLES E. FINELLI 4 of 12 FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 EY5 of 12 1 ac.aarannoariguezv.tuttast103thstreetRealty,L.P.,etal..Ind... FILED: BRONX COUNTY CLERK 10/21/2022https://finelliesq.mymailsrvr.com/versions/webmail/19.0.22-RC/pop... 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P.,et al..Index #: 30287/2017E From: Saady, Nicholas Sent: Thu, Oct 20, 2022 at 14:56 To: peter.graff@finelliesq.com Cc: Frank Ross,Giardino,John, Andre J. Major,StanleyGoos image003.png (<1 KB) image004.png (<1 KB)- Download all Images not displayed. SHOW IMAGES | ALWAYS SHOW IMAGES FROMTHIS SENDER Correct. We do not consent to any adjournment ofthe return date forour motion to vacatedefaultjudgment. Regards, Nick Nicholas Saady PRYORCASHMAN LLP Cell: 760-989-2024 Office:212-326-0109 Address:7 Times Square (TimesSquare Tower),New York, NY 10036-6569 Profile|| LinkedIn From: peter.graff@finelliesq.com Sent: Thursday,October 20, 2022 11:55 AM To: Saady,Nicholas Cc: Frank Ross ;Giardino, John ; Andre J. Major ; Stanley Goos ; peter.graff@finelliesq.com Subject: RE: Sarah Rodriguezv. CDC East105th Street Realty,LP.,et al.. Index #: 30287/2017E Importance: High And you remain unwilling to sign a Stipulation adjourning the motion in the meantime, correct? Peter Graff -----Original Message----- Nicholas" From: "Saady, Sent: Thursday, October 20, 2022 14:52 "peter.graff@finelliesq.com" To: Ross" John" Cc: "Frank , "Giardino, Major" , "Andre J. , "Stanley Goos" Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.. Index #: 30287/2017E Thank you for your email Mr. Graff. We hope that Mr. Ross is able to quickly get instructions from your client regarding this. Unfortunately, I did not receive any message from Emily and I told you on the phone that I did not receive your voicemail yesterday (I listened to it this morning after you called me - I do not listen to voicemails from unknown numbers generally and am inundated with work at the moment). Even if I had been aware of it yesterday, you would still have provided us with such a request a week after your reply papers were due and just two days before the motion is returnable. lof5 6 of 12 10/21/2022,7:37AM Kt: daran Koariguez v. CDC East 105th StreetRealty, L.P.,et al..Ind... https://finelliesq.mymailsrvr.com/versions/webmail/19.0.22-RC/pop... INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 Despite that, I again reiterate that we are eager to proceed with this case in good faith and move forward in a manner that is time, cost and resource efficient for all parties and the Court. We hope that is reciprocal and we look forward to hearing from Mr. Ross and yourself as soon as you are able to get instructions from your client. Regards, Nick Nicholas Saady PRYOR CASHMAN LLP Cell: 760-989-2024 Office: 212-326-0109 Address: 7 Times Square (Times Square Tower), New York, NY 10036-6569 Profile || LinkedIn From: peter.graff@finelliesq.com Sent: Thursday, October 20, 2022 11:43 AM To: Saady, Nicholas Cc: Frank Ross ; Giardino, John ; Andre J. Major ; Stanley Goos ; peter.graff@finelliesq.com Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al.. Index #: 30287/2017E Importance: High Dear Mr. Saady: As I advised you when we spoke on the telephone earlier this afternoon, I am not authorized to vacate the default judgment previously entered in plaintiff's favor today, as any such move would require dialogue with, and the participation of, both this firm's Managing Attorney, Frank A. Ross, Esq. and our client. As such, it is not possible to enter into any such Stipulation today. Further, as you have advised us that your office, and/or your co-counsel, and/or defendants' motion your client(s) will not consent to a simple adjournment of to vacate, despite the fact that same is on for the first time tomorrow, we are left with no alternative but to make an appropriate application to the Court. Parenthetically, we are confused as to why you would claim that plaintiff's request for an adjournment was made for the first time today, when I left you a voicemail regarding this issue yesterday, after having first spoken with Mr. Giardino's Paralegal, Emily. Sincerely, Peter Graff Law Office of Charles E. Finelli & Associates, PLLC 1406-08 Zerega Avenue Bronx, New York 10462 20f5 7 of 12 10/21/2022,7:37 AM Kt: daran Kodriguez v. CDC East 105th Street Realty,L.P.,et al..Ind... https://finelliesq.mymailsrvr.com/versions/webmail/19.0.22-RC/pop... INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 Tremont Office: (315) 522-3285 Email: peter.graff@finelliesq.com Tel. 315-522-3285 Fax 718-954-9358 -----Original Message----- Nicholas" From: "Saady, Sent: Thursday, October 20, 2022 13:35 "peter.graff@finelliesq.com" To: Ross" John" Cc: "Frank , "Giardino, Major" , "Andre J. , "Stanley Goos" Subject: RE: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al. Mr. Graff, Thank you for your email and for speaking with me this morning. As to save parties' discussed, the immense wastage of the Court's and the time and resources in moving forward with this motion to vacate, we propose the parties file a stipulated order default judgment and defendants' today vacating accepting answer as timely. That document obviates the need for any adjournment with respect to the current motion to vacate, and is a document that we could easily draft and file today. Please let us know as soon as possible today if that is acceptable to you and your client (I understand you also need to consult Mr. Ross). We know that the motion is returnable tomorrow, but we emphasize that we only received this request today (despite the reply papers being due over a week ago) and are trying to act as quickly as we can in the circumstances. As I discussed with you in detail on the phone, we reiterate the conduct in this case so far, where: (i) our firm contacted your firm almost immediately after our client received notice of this case; (ii) we shortly after filed an answer with your firm's consent, only for it to then be subject to a notice of rejection (which you now inform me was because of some issue with the defenses raised - although we only just found out about that today. We would have hoped if there was any such issue, you would have informed us at the time, and we could have considered addressing any issue); and (iii) your client has continued with its renewed motion for default and filed a note of issue without any correspondence with our firm. Due to this, our client has been forced to incur significant and largely unnecessary expense in moving to vacate default judgment, which continues to this day. Put simply, this is not a desirable way to conduct litigation. All of that is what it is, and we are eager to proceed in good faith in this case. We consider the most amicable and time/resource efficient way forward is to enter into the stipulated order mentioned above. Please let us know today if that is acceptable and we can propose a stipulated order for filing today. Regards, Nick Nicholas Saady 3 of5 8 of 12 10/21/2022,7:37 A.M Ke::saranKoanguezv.CDCEastl05thStreetRealty,L.P.,etal..Ind... FILED: BRONX COUNTY CLERK 10/21/2022https://finelliesq.mymailsrvr.com/versions/webmail/19.0.22-RC/pop... 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 PRYOR CASHMAN LLP Cell: 760-989-2024 office: 212-326-0109 Address: 7 Times Square (Times Square Tower), New York, NY 10036-6569 Profile || LinkedIn _...........__..... From: peter.graff@finelliesq.com Sent: Thursday, October 20, 2022 8:02 AM To: Saady, Nicholas Cc: Frank Ross ; peter.graff@finelliesq.com Subject: Sarah Rodriguez v. CDC East 105th Street Realty, L.P., et al. Importance: High Dear Mr. Saady: Thank you for taking the time to speak to me this morning. As discussed, please get back to me by 2:00PM today to advise whether or not your office is to consent to plaintiff's request adjourn defendants' willing to motion to vacate for 30 days. Upon receipt of an answer in the affirmative, we will draft a Stipulation effectuating the adjournment, forward same to you for your signature, and file the executed Stipulation with the Court. Upon receipt of an answer in the negative, we will make our application directly to the Court. My contact information is set forth below. Thank you for your kind attention to this matter. Sincerely, Peter Graff Law Office of Charles E. Finelli & Associates, PLLC 1406-08 Zerega Avenue Bronx, New York 10462 Tremont Office: (315) 522-3285 Email: peter.graff@finelliesq.com Direct Dial/ Cell: (516) 582-9880 Tel. 315-522-3285 Fax 718-954-9358 NOTICE*** ***CONFIDENTIALITY This email contains confidential information which may also be legallyprivileged and which is intended only for the use of the recipient(s) named above. Ifyou are not the intended recipient, you are hereby notified that forwarding or copying of this email, or the taking of any action in reliance on itscontents, may be strictly prohibited. Ifyou have received this email in error, please notify us immediately by reply email and delete this message from your inbox. 4 of5 9 of 12 10/21/2022,7:37AM Kt:: daran Kodriguez v. CDC East 105th Street Realty,L.P.,et al..Ind... https://finelliesq.mymailsrvr.com/versions/webmail/19.0.22-RC/pop... INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 NOTICE*** ***CONFIDENTIALITY This email contains confidential information which may also be legally privileged and which is intended only for the use of the recipient(s) named above. Ifyou are not the intended recipient, you are hereby notified that forwarding or copying of thisemail, or the taking of any action in reliance on itscontents, may be strictly prohibited. Ifyou have received this email in error,please notify us immediately by reply email and delete this message from your inbox. NOTICE*** ***CONFIDENTIALITY This emailcontainsconfidentialinformationwhich may also be privileged legally and which is intendedonlyfor theuse of therecipient(s) named above. If youarenot the intended you recipient, arehereby notified thatforwarding or copyingof this email, or thetakingof any actionin relianceon its contents, may be prohibited. strictly Ifyou have received thisemail in please error, notifyus immediately by reply email and deletethismessage from your inbox. 5 of 5 10 of 12 10/21/2022, 7:37 AM FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. SARAH RODRIGUEZ, 30287/2017E Plaintiff, AFFIRMATION OF -against- SERVICE CDC EAST 105TH STREET REALTY, L.P. and CDC 111th STREET REALTY, L.P., Defendants. STATE OF NEW YORK COUNTY OF BRONX, ss.: Charles E. Finelli, an attorney admitted to practice law in the State of New York, affirms the following under the penalties of perjury: On October 21, the within Affirmation Requesting Adjournment was duly served: [X] By filing same electronically with the NYSCEF system; PRYOR CASHMAN LLP 7 Times Square New York, New York 10036 HARRIS BEACH PLLC 23rd 100 Wall Street, FlOOr New York, New York 10005 Dated: Bronx, New York October 21, 2022 (Antee S. pam CHARLES E. FINELLI 11 of 12 FILED: BRONX COUNTY CLERK 10/21/2022 10:20 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _________________________________________________________________ Index No. 30287/2017E SARAH RODRIGUEZ, Plaintiff, -against- CDC EAST 105TH STREET REALTY, L.P. and CDC lllth STREET REALTY, L.P., Defendants. ________________________________________________________________ AFFIRMATION REQUESTING AD JOURNMENT ___________________________________________________________ LAW OFFICES OF CHARLES E . FINELLI & ASSOCIATES , PLLC Attorneys for Plaintiff 140608 Zerega Avenue Bronx, New York 10462 (718) 822-8020 12 of 12