Motion-Secondary: Darryl Nowak v. Sea Wolf Marine Transportation, Llc, Wittich Brothers Marine, Inc, Weeks Marine,Inc.

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                                FILED:         NEW     YORK       COUNTY        CLERK        06/17/2021             04:13        PM                 INDEX    NO.   154000/2018
   NYSCEF     DOC.   NO.   105                                                                                RECEIVED      NYSCEF:     06/17/2021




                   SUPREME COURT OF THE STATE OF NEW YORK
                   COUNTY OF NEW YORK
                   --------------------------------------------------------------------X  Index No.: 154000/2018
                   DARRYL NOWAK,
                                                            Plaintiff,
                                                                                          REPLY AFFIRMATION
                            -against-

                   SEA WOLF MARINE TRANSPORTATION, LLC,
                   WITTICH BROTHERS MARINE, INC., and WEEKS
                   MARINE, INC.,

                                                             Defendants.

                   --------------------------------------------------------------------X

                           JOSEPH P. NAPOLI, an attorney duly licensed to practice before the Courts of the State

                  of New York, hereby affirms the following to be              true, or, if stated upon information and belief,

                  that I believe it to be true under penalty of perjury:

                           1.       I am   a  senior  partner   at the  law  firm   Napoli   Shkolnik,    PLLC,    attorneys   for the

                  plaintiff(s) herein.  As such, I am fully familiar with the facts and circumstances surrounding this case

                  from personal knowledge and through my review of the litigation file.

                           2.       I submit   this  Reply   Affirmation    in support   of  plaintiff’s  motion   for  an  Order   for

                  penalties   pursuant    to C.P.L.R.    §  3126    for  Defendant    WEEKS       MARINE,       INC.’s    (hereinafter

                  “WEEKS”) failure to comply with orders compelling certain discovery to be provided to Plaintiff.

                           3.       Defendants’ claim that “Plaintiff’s motion is a farce on many levels” has no merit.

                           4.       To date, Plaintiff has received little to no discovery from WEEKS other than their

                  Response to Plaintiff’s Combined Demands. See Defendant’s Combined Responses to Plaintiff’s

                  Combined Demands, NYSCEF Doc. No. 101.

                           5.       Plaintiff  again   objects   to the  form   in  which   Defendant     responded    to  Plaintiff’s

                  Combined Demands. In their response to the combined demands, Defendant failed to specifically




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   FILED:         NEW     YORK       COUNTY        CLERK        06/17/2021             04:13        PM                 INDEX    NO.   154000/2018
   NYSCEF     DOC.   NO.   105                                                                                RECEIVED      NYSCEF:     06/17/2021




                  state which objections were being raised at each            time. Instead, Plaintiff was directed to        general

                  responses and objections that were listed at the top of the page.

                           5.       Plaintiff  has   provided    Defendant     with   multiple    opportunities    to  remedy     their

                  outstanding discovery requests, but Defendant has instead resorted to filing frivolous motions for

                  penalties. Plaintiff instead had no choice but to motion for penalties pursuant to C.P.L.R. § 3126

                  in the hope that Defendant would finally take seriously Plaintiff’s right to certain discovery.

                           6.       If Defendant is serious in their desire to act in “good faith,” they should withdraw

                  their motion for penalties and instead comply with Plaintiff’s demands so that all parties may fairly

                  proceed with discovery.

                            WHEREFORE,            the Plaintiffs  herein   respectfully   request   that this  Court   issue an order

                  granting Plaintiff s motion for penalties pursuant to C.P.L.R. $3126 for Defendant's failure to comply

                  with this Court's Orders compelling Defendant to provide discovery demands.


                  Dated:   June 8, 2021
                  New York, New York

                                                                                 Respectfully,

                                                                                 NAPOLI SHKOLNIK, PLLC

                                                                                 ___________________________
                                                                                 Joseph Napoli, Esq.
                                                                                 Attorneys for Plaintiff (s)
                                                                                 360 Lexington Avenue, 11th Floor
                                                                                 New York, New York 10017
                                                                                 (212) 397-1000




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