On August 07, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Rose Altman,
and
Acadia 3780-3858 Nostrand Avenue Llc,
Acadia Nostrand Avenue Llc,
Nostrand Properties, Llc,
Realty Equity Holdings 3820, Llc,
for Tort
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-X
"X
ROSE ALTMAN, IndeX No.: 509738/15
Plaintiff,
AFFIRMATION
-against- OF GOOD FAITH
REALTY EQUITY HOLDINGS 3820, LLC, ACADIA
3780-3858 NOSTRAND AVENUE, LLC, NOSTRAND
PROPERTIES, LLC & ACADIA NOSTRAND AVENUE LLC,
Defendants.
-----------------—---
—-------------
—
___--------------------------------------------------------------------------X
NOSTRAND PROPERTIES, LLC,
Third-Party Plaintiff,
-against-
383 MEAT MARKET, INC.,
Third-Party Defendant.
-----------------------------------------------------------------------------X
JENNIFER L. COVIELLO, an attorney duly licensed to practice law before the Courts of
this State, hereby affirms the following to be true under the penalties of perjury:
1. That I am an associate with GIALLEONARDO, MCDONALD, SAFRANEK &
TURCHETTI, attorneys for defendant and third-party plaintiff NOSTRAND PROPERTIES,
LLC.
2. This affirmation is submitted in compliance with 22 N.Y.C.R.R. § 202.7 (a) (2),
(b) and (c) requirements that a good faith effort be made prior to initiation of motion practice
involving matters of discovery.
discovery,
1 of 3
FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018
3. Despite due demand, plaintiff has failed to comply with this Court's Preliminary
Conference Order, Compliance Conference Order, respond to certain discovery demands and
failed to respond to Defendant's counsel's efforts to resolve issues raised by the within motion.
4. Your affirmant's office has made a good faith attempt to plaintiff seeking
responses to various demands and/or this Court's Orders, to which counsel for plaintiff has failed
to respond.
5. Defendant is unable to resolve this matter without the necessity of judicial
intervention as plaintiff has failed to abide by the requirements of the C.P.L.R. and Defendant is
greatly prejudiced.
WHEREFORE, itis respectfully requested that the above cross-motion be considered by
this Court.
DATED: New York, NY
January 22, 2018
Yours, e
L. COVIELI O, ESQ.
IAL /EONARDO, McDONALD,
SAFRANEK & TURCHETTI
Attorneys for Defendants
- 13u1
One Whitehall Street Floor
New York, NY 10004-2109
Phone: (212) 248-9100
Fax Nos: (212) 510-9257
File No.: 16-006000
TO:
ROSENBAUM & ROSENBAUM, PC
Attorneys for Plaintiff
- 15d'
100 Wall Street Floor
New York, New York 10005
(212) 514-5007
2 of 3
FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018
LAW OFFICE OF CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
3838 MEAT MARKET d/b/a SILVER STAR MEAT MARKET
7d'
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
File 0; 1161410694
3 of 3
Document Filed Date
January 24, 2018
Case Filing Date
August 07, 2015
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FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -X "X ROSE ALTMAN, IndeX No.: 509738/15 Plaintiff, AFFIRMATION -against- OF GOOD FAITH REALTY EQUITY HOLDINGS 3820, LLC, ACADIA 3780-3858 NOSTRAND AVENUE, LLC, NOSTRAND PROPERTIES, LLC & ACADIA NOSTRAND AVENUE LLC, Defendants. -----------------—--- —------------- — ___--------------------------------------------------------------------------X NOSTRAND PROPERTIES, LLC, Third-Party Plaintiff, -against- 383 MEAT MARKET, INC., Third-Party Defendant. -----------------------------------------------------------------------------X JENNIFER L. COVIELLO, an attorney duly licensed to practice law before the Courts of this State, hereby affirms the following to be true under the penalties of perjury: 1. That I am an associate with GIALLEONARDO, MCDONALD, SAFRANEK & TURCHETTI, attorneys for defendant and third-party plaintiff NOSTRAND PROPERTIES, LLC. 2. This affirmation is submitted in compliance with 22 N.Y.C.R.R. § 202.7 (a) (2), (b) and (c) requirements that a good faith effort be made prior to initiation of motion practice involving matters of discovery. discovery, 1 of 3 FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018 3. Despite due demand, plaintiff has failed to comply with this Court's Preliminary Conference Order, Compliance Conference Order, respond to certain discovery demands and failed to respond to Defendant's counsel's efforts to resolve issues raised by the within motion. 4. Your affirmant's office has made a good faith attempt to plaintiff seeking responses to various demands and/or this Court's Orders, to which counsel for plaintiff has failed to respond. 5. Defendant is unable to resolve this matter without the necessity of judicial intervention as plaintiff has failed to abide by the requirements of the C.P.L.R. and Defendant is greatly prejudiced. WHEREFORE, itis respectfully requested that the above cross-motion be considered by this Court. DATED: New York, NY January 22, 2018 Yours, e L. COVIELI O, ESQ. IAL /EONARDO, McDONALD, SAFRANEK & TURCHETTI Attorneys for Defendants - 13u1 One Whitehall Street Floor New York, NY 10004-2109 Phone: (212) 248-9100 Fax Nos: (212) 510-9257 File No.: 16-006000 TO: ROSENBAUM & ROSENBAUM, PC Attorneys for Plaintiff - 15d' 100 Wall Street Floor New York, New York 10005 (212) 514-5007 2 of 3 FILED: KINGS COUNTY CLERK 01/24/2018 12:54 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 01/24/2018 LAW OFFICE OF CHARLES J. SIEGEL Attorneys for Third-Party Defendant 3838 MEAT MARKET d/b/a SILVER STAR MEAT MARKET 7d' 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 File 0; 1161410694 3 of 3