On May 01, 2018 a
Proof of Service
was filed
involving a dispute between
Darryl Nowak,
and
Sea Wolf Marine Transportation, Llc,
Weeks Marine,Inc.,
Wittich Brothers Marine, Inc,
for Torts - Other (Slip and fall)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/08/2021 03:59 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 06/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF NEW YORK
DARRYL NOWAK, Index No.: 154000/2018
Plaintilf , PLAINTIFF'S
NOTICE OF
-against- MOTION FOR
PENALTI ES
SEA WOLF MARINE TRANSPORTATION, LLC, PURSUANT TO
WITTICH BROTHERS MARINE, INC., And WEEKS
c.P.L.R. $3126
MARINE,INC.,
Defendants.
PLEASE TAKE NOTICE that upon the annexed Affinnation in Support of JOSEPH P.
NAPOLI, duly affirmed on the 8tl' day of lune, 2021, and the exhibits contained therein, the
undersigned will lnove this Court on behalf of Plaintiff, DARRYL NOWAK, at the New York
State Supreme Court,. New York County, Motion Submission Part at 60 Centre Street, Room 130,
New York, NY 10007 at 9:30am on the 21 day of June, 2021 , or as soon thereafter as counsel can
be heard, for (1) an Order pursuant to C.P.L.R. $ 3126 for penalties for Defendant's refusal to
comply with this Court's prior orders compelling certain discovery to be provided to Plaintiff; (2)
granting Plaintiff all costs and fees associated with this rnotion; and (3) granting Plaintiff such
other, fuither and different relief as this Coult deems just and propel'.
Pursuant to C.P.L.R. 5 2214(b), answering affidavits, if any are required to be served upon
the undersigned at least seven days before the leturn date of this motion.
Dated: June 8,2021
New York, New York
Respectfully,
NAPOLI SHKO
Joseph Napoli, Esq
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Attorneys for Plaintiff (s)
FILED: NEW YORK COUNTY CLERK 06/08/2021 03:59 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 06/08/2021
360 Lexington Avenue, l1'l'Floor
New York, New York 10017
(212) 397 -1000
To BETANCOURT, VAN HEMMEN, GRECO & KENYON LLC
Attomeys for Defendant Weeks Marine, Inc.
75 South Broadway - 4tl'Floor
White Plains, New York 10601
MAHONEY & KEANE, LLP
Attorneys for Defendants
Sea Wolf Marine Transportation, LLC
and Wittich Brothers Marine, Inc.
61 Broadway, Suite 905
New York, New York 10005
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Document Filed Date
June 08, 2021
Case Filing Date
May 01, 2018
Category
Torts - Other (Slip and fall)
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FILED: NEW YORK COUNTY CLERK 06/08/2021 03:59 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF NEW YORK DARRYL NOWAK, Index No.: 154000/2018 Plaintilf , PLAINTIFF'S NOTICE OF -against- MOTION FOR PENALTI ES SEA WOLF MARINE TRANSPORTATION, LLC, PURSUANT TO WITTICH BROTHERS MARINE, INC., And WEEKS c.P.L.R. $3126 MARINE,INC., Defendants. PLEASE TAKE NOTICE that upon the annexed Affinnation in Support of JOSEPH P. NAPOLI, duly affirmed on the 8tl' day of lune, 2021, and the exhibits contained therein, the undersigned will lnove this Court on behalf of Plaintiff, DARRYL NOWAK, at the New York State Supreme Court,. New York County, Motion Submission Part at 60 Centre Street, Room 130, New York, NY 10007 at 9:30am on the 21 day of June, 2021 , or as soon thereafter as counsel can be heard, for (1) an Order pursuant to C.P.L.R. $ 3126 for penalties for Defendant's refusal to comply with this Court's prior orders compelling certain discovery to be provided to Plaintiff; (2) granting Plaintiff all costs and fees associated with this rnotion; and (3) granting Plaintiff such other, fuither and different relief as this Coult deems just and propel'. Pursuant to C.P.L.R. 5 2214(b), answering affidavits, if any are required to be served upon the undersigned at least seven days before the leturn date of this motion. Dated: June 8,2021 New York, New York Respectfully, NAPOLI SHKO Joseph Napoli, Esq t NAPOTI st'rl{0tr\lil(Prtt firofliilsAltAil 1 of 2 Attorneys for Plaintiff (s) FILED: NEW YORK COUNTY CLERK 06/08/2021 03:59 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 06/08/2021 360 Lexington Avenue, l1'l'Floor New York, New York 10017 (212) 397 -1000 To BETANCOURT, VAN HEMMEN, GRECO & KENYON LLC Attomeys for Defendant Weeks Marine, Inc. 75 South Broadway - 4tl'Floor White Plains, New York 10601 MAHONEY & KEANE, LLP Attorneys for Defendants Sea Wolf Marine Transportation, LLC and Wittich Brothers Marine, Inc. 61 Broadway, Suite 905 New York, New York 10005 t llAPOLI s}lt(0|l,ilXPLtt lnoiMnitltfl 2 of 2