Document for Miriam Galeano Vegara v. Little Richie Bus Co, Little Richie Bus Service Inc, Adolfo V. Beltre

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                                FILED:         QUEENS        COUNTY         CLERK        09/17/2019             01:44       PM                      INDEX    NO.   703599/2018
   NYSCEF     DOC.   NO.   53                                                                                 RECEIVED      NYSCEF:     09/17/2019



                    SUPREME        COURT      OF   THE   STATE     OF   NEW     YORK
                    COUNTY        OF   QUEENS
                                                 ----------------------------------x
                    MIRIAM       GALEANO        VERGARA,
                                                                                                      Index  No.:  703599/18

                                                        Plaintiff,
                                           -against-



                     LITTLE     RICHIE     BUS   CO.,   LITTLE    RICHIE     BUS                     AFFIRMATION            OF
                     SERVICE,      INC.,  and  ADOLFO       V.  BELTRE,                                  GOOD      FAITH


                                               Defendants.


                                              ---------------------------------        -x


                            PAVLO      PAVLATOS,         an attorney   duly  admitted   to practice   before  the Courts   of this



                   State, affirms   the following   to be  true under   penalties   of perjury:


                            1.       I am  an  associate  of  BAMUNDO         ZWAL     &  SCHERMERHORN,              LLP.,   attorneys


                   for the  Defendãüts,    and   I am  fully  familiar   with  the  facts and   circumstances     giving   rise to this


                  motion.


                           2.        In an  effort to avoid   Court   intervention   as to  the subject   discovery   disputes,   good


                  faith  reliance  was  on  orders  issued  by  this Court,  specifically  the  preliminary   conference    order  and



                  discovery    demands.    In  addition,  pursuant   to said  orders  and   demands    plaintiff  was  scheduled    for


                  an  Orthopedic,    Ophthalmologic       and  Neurological    Independent     Medical    Evaluations    on  February


                  6, 2019,   February    7, 2019   and  February    11, 2019,   however,   to  date, plaintiff  has  failed to  appear


                  for  said exarnisations.    (See  attached   Exhibit   I, appointment     letters mailed   to plaintiff's attorneys



                  advising   of these  examinations.)


                           3.       Despite   our  attempts,   plaintiff  has  failed to comply    with   our  requests  and   various


                  Court    Orders,    and   has  filed  her   Note    of  Issue/Certificate    of  R eadiness    prematurely,     thus



                  necessitating   this  motion.




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   FILED:         QUEENS        COUNTY         CLERK        09/17/2019             01:44       PM                      INDEX    NO.   703599/2018
   NYSCEF     DOC.   NO.   53                                                                                 RECEIVED      NYSCEF:     09/17/2019




                            WHEREFORE,           I respectfully   request  that the  within  motion   be  granted   in all respects.


                   Dated:  New    York,   New   York
                            September    17,  2019




                                                                           PAVLO      PAVLATOS,        ESQ.




                TO:


                  WILLIAM        SCHWITZER        &   ASSOCIATES,        P.C.
                  Attorneys    for Plaintiff
                                            10"1
                   820  Second   Avenue,         Floor
                  New    York,  New    York   10017

                  (212)   685-7800




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