Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
NOTICE OF APPEAL
-against-
91-93 FRANKLIN LLC,
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------X
PLEASE TAKE NOTICE, that Defendants, 91-93 FRANKLIN LLC and Y.N.H.
CONSTRUCTION INC., hereby appeal to the Appellate Division of the Supreme Court, State of
New York, Second Judicial Department, from the Order dated August 19, 2022 of the Hon.
Debra Silber of the Supreme Court of the State of New York, Kings County, entered on August
19, 2022 and served with Notice of Entry on August 19, 2022. Defendants, 91-93 FRANKLIN
LLC and Y.N.H. CONSTRUCTION INC., hereby appeal each and every part of said Order, both
on the law and on the facts.
Attached as Exhibit “A” is the Informational Statement.
Attached as Exhibit “B” is the Order appealed from dated August 19, 2022.
Dated: New York, New York
August 23, 2022
_______________________________
Christopher M. Carfora, Esq.
RYAN & CONLON, LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
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TO: Glenn P. Dolan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
JOSE GOMEZ
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
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EXHIBIT A
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Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
Date Notice of Appeal Filed
- against -
For Appellate Division
Case Type Filing Type
Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding
CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78
Action Commenced under CPLR 214-g CPLR Article 78 Executive Law § 298
Habeas Corpus Proceeding
Eminent Domain CPLR 5704 Review
Labor Law 220 or 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
Nature of Suit: Check up to of the following categories which best reflect the nature of the case.
Administrative Review Business Relationships Commercial Contracts
Declaratory Judgment Domestic Relations Election Law Estate Matters
Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole
Real Property Statutory Taxation Torts
(other than foreclosure)
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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
Amended Decree Determination Order Resettled Order
Amended Judgement Finding Order & Judgment Ruling
Amended Order Interlocutory Decree Partial Decree Other (specify):
Decision Interlocutory Judgment Resettled Decree
Decree Judgment Resettled Judgment
Court: County:
Dated: Entered:
Judge (name in full): Index No.:
Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury
Prior Unperfected Appeal Information
Are any appeals arising in the same action or proceeding currently pending in the court? Yes No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: County:
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: County:
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
5 of 13
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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represente (set forth party number(s) from table above : 1
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above : 2,3
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above : 4
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above :
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EXHIBIT B
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NYSCEF DOC. NO. 146
145 RECEIVED NYSCEF: 08/23/2022
08/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------x
JOSE GOMEZ, ORDER WITH
NOTICE OF ENTRY
Plaintiff
-against-
Index No.: 527680/2019
91-93 FRANKLIN LLC,
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
---------------------------------------------------------------------x
91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION
INC.,
Third-Party Plaintiffs
-against-
CAPITAL CONCRETE NY, INC.,
Third-Party Defendant.
---------------------------------------------------------------------x
PLEASE TAKE NOTICE, that the within is a true copy of an Order, dated August 19, 2022
and duly entered in the office of the Clerk of the within named Court on August 19, 2022.
DATED: New York, New York
August 19, 2022
MORGAN LEVINE DOLAN, P.C.
_____________________________
By: GLENN P. DOLAN, ESQ.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, NY 10017
(212) 785-5115
91 of
of 13
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NYSCEF DOC. NO. 146
145 RECEIVED NYSCEF: 08/23/2022
08/19/2022
TO: RYAN & CONLON, LLP
Attorneys for Defendants/
Third-Party Plaintiffs
91-93 FRANKLIN LLC AND
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, NY 10005
(212) 509-6009
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
FUCHS ROSENZWEIG PLLC
Attorneys for Third-Party Defendant
CAPITAL CONCRETE NY INC.
11 Broadway, Suite 570
New York, New York 10004
Our File No.: 7024.11981
(646) 760-5449
10
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144
145 RECEIVED NYSCEF: 08/23/2022
08/19/2022
9
19th August, 22
Debra Silber
JOSE GOMEZ,
527680/2019
91-93 FRANKLIN LLC, et al,
and a Third-Party Action NYSCEF
100-110
129-136, 140
142
In Motion Seq. #4, the third-party defendant Capital Concrete NY, Inc. moves to sever the
third-party action from the main action. After virtual oral argument, the third party action,
which is against plaintiff's employer in this Labor Law action, for, in essence, defense and
indemnification, is severed from the main action. Issue was not joined on this third-party action
until after the plaintiff filed his note of issue. It would be inequitable to delay plaintiff's progression
on the trial calendar. Hopefully, discovery will conclude in time to join the actions together before trial.
The third-party plaintiff shall obtain a new index number for the severed action within 30 days,
and shall upload to that new case file all of the documents in this file which pertain to the newly
severed action, which shall be done promptly after obtaining the new index number. Then, within
45 days of obtaining the index number, the third party plaintiff shall file an RJI and a request for a
Preliminary Conference. If the court is still not holding preliminary conferences, counsel will need to
comply with the discovery part rules then in effect regarding uploading stipulated discovery orders.
All other relief requested in this motion is denied.
x
4
:
Hon. Debra Silber, J.S.C.
11
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3 1
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NYSCEF DOC. NO. 146
145 RECEIVED NYSCEF: 08/23/2022
08/19/2022
AFFIRMATION OF SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
CYNDI PACIULLO, being duly sworn, deposes and says:
I am not a party to this action, am over 18 years of age and reside at Bronx County,
New York.
On the 19th day of August, 2022, I served a true copy of the annexed:
ORDER WITH NOTICE OF ENTRY
via New York State Courts Electronic Filing (NYSCEF) and electronic mail addressed to the
addressee(s) indicated below, which has been designated for service by the addressee(s):
RYAN & CONLON, LLP BRAND, GLICK & BRAND, P.C.
2 Wall Street, Suite 710 600 Old Country Road, Suite 440
New York, NY 10005 Garden City, NY 11530
Christopher Carfora Attn: Robert S. Mazzuchin, Esq.
ccarfora@ryanconlon.com rmazzuchin@bgbfirm.com
FUCHS ROSENZWEIG PLLC
11 Broadway, Suite 570
New York, New York 10004
doug@frlawpllc.com
________________________________
CYNDI PACIULLO
Sworn to before me this
19th day of August, 2022
12
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145 RECEIVED NYSCEF: 08/23/2022
08/19/2022
Index No. 527680/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JOSE GOMEZ,
Plaintiff,
-against-
91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
AND THIRD-PARTY ACTION
ORDER WITH NOTICE OF ENTRY
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
Phone: (212) 785-5115
Fax: (646) 525-4884
13
5 of 13
5
Preview
FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, NOTICE OF APPEAL -against- 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE, that Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., hereby appeal to the Appellate Division of the Supreme Court, State of New York, Second Judicial Department, from the Order dated August 19, 2022 of the Hon. Debra Silber of the Supreme Court of the State of New York, Kings County, entered on August 19, 2022 and served with Notice of Entry on August 19, 2022. Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., hereby appeal each and every part of said Order, both on the law and on the facts. Attached as Exhibit “A” is the Informational Statement. Attached as Exhibit “B” is the Order appealed from dated August 19, 2022. Dated: New York, New York August 23, 2022 _______________________________ Christopher M. Carfora, Esq. RYAN & CONLON, LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 1 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 TO: Glenn P. Dolan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff JOSE GOMEZ 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 2 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 EXHIBIT A 3 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. Date Notice of Appeal Filed - against - For Appellate Division Case Type Filing Type Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78 Action Commenced under CPLR 214-g CPLR Article 78 Executive Law § 298 Habeas Corpus Proceeding Eminent Domain CPLR 5704 Review Labor Law 220 or 220-b Public Officers Law § 36 Real Property Tax Law § 1278 Nature of Suit: Check up to of the following categories which best reflect the nature of the case. Administrative Review Business Relationships Commercial Contracts Declaratory Judgment Domestic Relations Election Law Estate Matters Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole Real Property Statutory Taxation Torts (other than foreclosure) 4 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. Amended Decree Determination Order Resettled Order Amended Judgement Finding Order & Judgment Ruling Amended Order Interlocutory Decree Partial Decree Other (specify): Decision Interlocutory Judgment Resettled Decree Decree Judgment Resettled Judgment Court: County: Dated: Entered: Judge (name in full): Index No.: Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury Prior Unperfected Appeal Information Are any appeals arising in the same action or proceeding currently pending in the court? Yes No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: County: Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: County: Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. 5 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represente (set forth party number(s) from table above : 1 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : 2,3 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : 4 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above : 7 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 05:45 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 08/23/2022 EXHIBIT B 8 of 13 FILED: KINGS COUNTY CLERK 08/23/2022 08/19/2022 05:45 04:40 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 145 RECEIVED NYSCEF: 08/23/2022 08/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------x JOSE GOMEZ, ORDER WITH NOTICE OF ENTRY Plaintiff -against- Index No.: 527680/2019 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. ---------------------------------------------------------------------x 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., Third-Party Plaintiffs -against- CAPITAL CONCRETE NY, INC., Third-Party Defendant. ---------------------------------------------------------------------x PLEASE TAKE NOTICE, that the within is a true copy of an Order, dated August 19, 2022 and duly entered in the office of the Clerk of the within named Court on August 19, 2022. DATED: New York, New York August 19, 2022 MORGAN LEVINE DOLAN, P.C. _____________________________ By: GLENN P. DOLAN, ESQ. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, NY 10017 (212) 785-5115 91 of of 13 5 FILED: KINGS COUNTY CLERK 08/23/2022 08/19/2022 05:45 04:40 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 145 RECEIVED NYSCEF: 08/23/2022 08/19/2022 TO: RYAN & CONLON, LLP Attorneys for Defendants/ Third-Party Plaintiffs 91-93 FRANKLIN LLC AND Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, NY 10005 (212) 509-6009 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 FUCHS ROSENZWEIG PLLC Attorneys for Third-Party Defendant CAPITAL CONCRETE NY INC. 11 Broadway, Suite 570 New York, New York 10004 Our File No.: 7024.11981 (646) 760-5449 10 2 of 13 5 FILED: KINGS COUNTY CLERK 08/23/2022 08/19/2022 05:45 01:18 PM 04:40 INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 144 145 RECEIVED NYSCEF: 08/23/2022 08/19/2022 9 19th August, 22 Debra Silber JOSE GOMEZ, 527680/2019 91-93 FRANKLIN LLC, et al, and a Third-Party Action NYSCEF 100-110 129-136, 140 142 In Motion Seq. #4, the third-party defendant Capital Concrete NY, Inc. moves to sever the third-party action from the main action. After virtual oral argument, the third party action, which is against plaintiff's employer in this Labor Law action, for, in essence, defense and indemnification, is severed from the main action. Issue was not joined on this third-party action until after the plaintiff filed his note of issue. It would be inequitable to delay plaintiff's progression on the trial calendar. Hopefully, discovery will conclude in time to join the actions together before trial. The third-party plaintiff shall obtain a new index number for the severed action within 30 days, and shall upload to that new case file all of the documents in this file which pertain to the newly severed action, which shall be done promptly after obtaining the new index number. Then, within 45 days of obtaining the index number, the third party plaintiff shall file an RJI and a request for a Preliminary Conference. If the court is still not holding preliminary conferences, counsel will need to comply with the discovery part rules then in effect regarding uploading stipulated discovery orders. All other relief requested in this motion is denied. x 4 : Hon. Debra Silber, J.S.C. 11 1 of 13 3 1 5 FILED: KINGS COUNTY CLERK 08/23/2022 08/19/2022 05:45 04:40 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 145 RECEIVED NYSCEF: 08/23/2022 08/19/2022 AFFIRMATION OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: CYNDI PACIULLO, being duly sworn, deposes and says: I am not a party to this action, am over 18 years of age and reside at Bronx County, New York. On the 19th day of August, 2022, I served a true copy of the annexed: ORDER WITH NOTICE OF ENTRY via New York State Courts Electronic Filing (NYSCEF) and electronic mail addressed to the addressee(s) indicated below, which has been designated for service by the addressee(s): RYAN & CONLON, LLP BRAND, GLICK & BRAND, P.C. 2 Wall Street, Suite 710 600 Old Country Road, Suite 440 New York, NY 10005 Garden City, NY 11530 Christopher Carfora Attn: Robert S. Mazzuchin, Esq. ccarfora@ryanconlon.com rmazzuchin@bgbfirm.com FUCHS ROSENZWEIG PLLC 11 Broadway, Suite 570 New York, New York 10004 doug@frlawpllc.com ________________________________ CYNDI PACIULLO Sworn to before me this 19th day of August, 2022 12 4 of 13 5 FILED: KINGS COUNTY CLERK 08/23/2022 08/19/2022 05:45 04:40 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 146 145 RECEIVED NYSCEF: 08/23/2022 08/19/2022 Index No. 527680/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSE GOMEZ, Plaintiff, -against- 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. AND THIRD-PARTY ACTION ORDER WITH NOTICE OF ENTRY MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 Phone: (212) 785-5115 Fax: (646) 525-4884 13 5 of 13 5