On May 01, 2018 a
Exhibit,Appendix
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 10/13/2022 04:55 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022
Exhibit C
FILED: NEW YORK COUNTY CLERK 10/13/2022 04:55 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022
Garth Wolfson
From: Ed Keane
Sent: Wednesday, October 12, 2022 6:48 PM
To: 'Garth s. Wolfson'
Subject: FW: Nowak v. Weeks Marine and Wittich Marine
From: Selma Moy
Sent: Thursday, September 15, 2022 4:28 PM
To: Ed Keane ; 'AJ Evans' ; Joseph Napoli
; Nevin Wisnoski
Cc: 'Ron Betancourt' ; gwolfson@mahoneykeane.com; Ivan Rodriguez
Subject: RE: Nowak v. Weeks Marine and Wittich Marine
Ok we will request more time.
Meanwhile - can Mr. Betancourt confirm the depositions of his witnesses for next week?
From: Ed Keane
Sent: Thursday, September 15, 2022 4:05 PM
To: Selma Moy ; 'AJ Evans' ; Joseph Napoli
; Nevin Wisnoski
Cc: 'Ron Betancourt' ; gwolfson@mahoneykeane.com; Ivan Rodriguez
Subject: RE: Nowak v. Weeks Marine and Wittich Marine
Dear Selma,
As of now the Oct. 20th tug inspection date looks fine, although the location is now unknown. The tug may again be in
Wilmington, NC then, but it may not. It moves to follow work assignments as they come up. Likewise, if the tug is on a
job that makes it inaccessible on that date, the inspection will need to be adjusted. That is why canceling the inspection
as scheduled for Sept. 13 for a long time was very problematic. The tug is generally under the direction for work by
Weeks and we shall work with Weeks' counsel to try to make the Oct. 20 date work but now is too early to say anything
more certainly.
The depositions for next week are of Weeks employees. Mr. Betancourt has advised only one named individual is now
under Weeks' control. As a result, only one deposition will go forward, date to be determined, either the 19th or 20th we
assume. It will be by Zoom with the witness in Mr. Betancourt's office.
We have also noticed the deposition of Alan Scott in Norfolk, Vir., the tug helmsman at the time of the casualty, by
zoom or live on Sept. 29, the day following the barge inspection which is still on for Sept. 28, also in Norfolk, Vir. The
witness is not an employee of any party.
One other Weeks deposition witness had been noticed by Weeks and we are awaiting word from Mr. Betancourt on
that.
1
FILED: NEW YORK COUNTY CLERK 10/13/2022 04:55 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022
Given all the activity and the tight deadlines for discovery, which will be followed by experts, we suggest your office ask
for more time on all aspects of remaining discovery, to which request we join.
Best regards,
Ed
Edward A. Keane
Mahoney & Keane, LLP
40 Worth St. Suite 602
New York, New York 10013
Telephone: 212-385-1422
Mobile: 917-767-7869
-- - - - - - - - -- ------
Document Filed Date
October 13, 2022
Case Filing Date
May 01, 2018
Category
Torts - Other (Slip and fall)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 10/13/2022 04:55 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022 Exhibit C FILED: NEW YORK COUNTY CLERK 10/13/2022 04:55 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022 Garth Wolfson From: Ed Keane Sent: Wednesday, October 12, 2022 6:48 PM To: 'Garth s. Wolfson' Subject: FW: Nowak v. Weeks Marine and Wittich Marine From: Selma Moy Sent: Thursday, September 15, 2022 4:28 PM To: Ed Keane ; 'AJ Evans' ; Joseph Napoli ; Nevin Wisnoski Cc: 'Ron Betancourt' ; gwolfson@mahoneykeane.com; Ivan Rodriguez Subject: RE: Nowak v. Weeks Marine and Wittich Marine Ok we will request more time. Meanwhile - can Mr. Betancourt confirm the depositions of his witnesses for next week? From: Ed Keane Sent: Thursday, September 15, 2022 4:05 PM To: Selma Moy ; 'AJ Evans' ; Joseph Napoli ; Nevin Wisnoski Cc: 'Ron Betancourt' ; gwolfson@mahoneykeane.com; Ivan Rodriguez Subject: RE: Nowak v. Weeks Marine and Wittich Marine Dear Selma, As of now the Oct. 20th tug inspection date looks fine, although the location is now unknown. The tug may again be in Wilmington, NC then, but it may not. It moves to follow work assignments as they come up. Likewise, if the tug is on a job that makes it inaccessible on that date, the inspection will need to be adjusted. That is why canceling the inspection as scheduled for Sept. 13 for a long time was very problematic. The tug is generally under the direction for work by Weeks and we shall work with Weeks' counsel to try to make the Oct. 20 date work but now is too early to say anything more certainly. The depositions for next week are of Weeks employees. Mr. Betancourt has advised only one named individual is now under Weeks' control. As a result, only one deposition will go forward, date to be determined, either the 19th or 20th we assume. It will be by Zoom with the witness in Mr. Betancourt's office. We have also noticed the deposition of Alan Scott in Norfolk, Vir., the tug helmsman at the time of the casualty, by zoom or live on Sept. 29, the day following the barge inspection which is still on for Sept. 28, also in Norfolk, Vir. The witness is not an employee of any party. One other Weeks deposition witness had been noticed by Weeks and we are awaiting word from Mr. Betancourt on that. 1 FILED: NEW YORK COUNTY CLERK 10/13/2022 04:55 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 10/13/2022 Given all the activity and the tight deadlines for discovery, which will be followed by experts, we suggest your office ask for more time on all aspects of remaining discovery, to which request we join. Best regards, Ed Edward A. Keane Mahoney & Keane, LLP 40 Worth St. Suite 602 New York, New York 10013 Telephone: 212-385-1422 Mobile: 917-767-7869 -- - - - - - - - -- ------