On May 01, 2018 a
Party Statement
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 11/22/2022 04:21 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------x
DARRYL NOWAK, Index No. 154000/2018
Plaintiff,
AFFIRMATION
-against-
SEA WOLF MARINE TRANSPORTATION, LLC,
WITTICH BROTHERS MARINE, INC., and
WEEKS MARINE, INC.
Defendants.
------------------------------------x
GARTH S. WOLFSON, an attorney duly admitted to practice law
before the courts of the State of New York, affirms, upon
information and belief and under the penalties for perjury, as
follows:
1. I am a partner with the firm of Mahoney & Keane, LLP,
counsel of record for defendants SEA WOLF MARINE TRANSPORTATION,
LLC (“SEA WOLF”) and WITTICH BROTHERS MARINE, INC. (“WBM”), in the
above-captioned civil action. As such, I am familiar, based upon
my review of the file maintained by my office, with the pleadings
and proceedings heretofore had in this matter.
2. SEA WOLF and WBM object to plaintiff’s Affirmation of
even date requesting for an adjournment of tomorrow’s argument.
3. SEA WOLF and WBM note that no timely motion for an
adjournment has been filed.
4. And the website for Mr. Napoli’s law firm boasts no
less than 39 attorneys. Surely, someone else is able to cover
this rather simple discovery matter on a full set of papers.
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1 of 2
FILED: NEW YORK COUNTY CLERK 11/22/2022 04:21 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 11/22/2022
5. Moreover, this motion was brought on by order to show
cause, at least in part because of the need to secure
depositions of non-party mariner witnesses located far afield
and who go off to sea at a moment’s notice.
6. Meanwhile, by virtue of plaintiff having filed note of
issue prematurely, defendants continue to be prejudiced by the
diminishing time to bring dispositive motions without the
benefit of key eye-witness testimony.
WHEREFORE, SEA WOLF and WBM urge the Court to deny
plaintiff’s request for yet another adjournment and award to SEA
WOLF and WBM such other and further relief the Court may deem just
and proper.
Dated: New York, New York
November 22, 2022
Respectfully submitted,
By: s/ Garth S. Wolfson ________
Garth S. Wolfson
Edward A. Keane
MAHONEY & KEANE, LLP
Attorneys for Defendants
SEA WOLF MARINE
TRANSPORTATION, LLC and
WITTICH BROS. MARINE, INC.
s/h/a WITTICH BROTHERS MARINE,
INC.
40 Worth Street, Suite 602
New York, New York 10013
(212) 385-1422
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2 of 2
Document Filed Date
November 22, 2022
Case Filing Date
May 01, 2018
Category
Torts - Other (Slip and fall)
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FILED: NEW YORK COUNTY CLERK 11/22/2022 04:21 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------x DARRYL NOWAK, Index No. 154000/2018 Plaintiff, AFFIRMATION -against- SEA WOLF MARINE TRANSPORTATION, LLC, WITTICH BROTHERS MARINE, INC., and WEEKS MARINE, INC. Defendants. ------------------------------------x GARTH S. WOLFSON, an attorney duly admitted to practice law before the courts of the State of New York, affirms, upon information and belief and under the penalties for perjury, as follows: 1. I am a partner with the firm of Mahoney & Keane, LLP, counsel of record for defendants SEA WOLF MARINE TRANSPORTATION, LLC (“SEA WOLF”) and WITTICH BROTHERS MARINE, INC. (“WBM”), in the above-captioned civil action. As such, I am familiar, based upon my review of the file maintained by my office, with the pleadings and proceedings heretofore had in this matter. 2. SEA WOLF and WBM object to plaintiff’s Affirmation of even date requesting for an adjournment of tomorrow’s argument. 3. SEA WOLF and WBM note that no timely motion for an adjournment has been filed. 4. And the website for Mr. Napoli’s law firm boasts no less than 39 attorneys. Surely, someone else is able to cover this rather simple discovery matter on a full set of papers. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 11/22/2022 04:21 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 11/22/2022 5. Moreover, this motion was brought on by order to show cause, at least in part because of the need to secure depositions of non-party mariner witnesses located far afield and who go off to sea at a moment’s notice. 6. Meanwhile, by virtue of plaintiff having filed note of issue prematurely, defendants continue to be prejudiced by the diminishing time to bring dispositive motions without the benefit of key eye-witness testimony. WHEREFORE, SEA WOLF and WBM urge the Court to deny plaintiff’s request for yet another adjournment and award to SEA WOLF and WBM such other and further relief the Court may deem just and proper. Dated: New York, New York November 22, 2022 Respectfully submitted, By: s/ Garth S. Wolfson ________ Garth S. Wolfson Edward A. Keane MAHONEY & KEANE, LLP Attorneys for Defendants SEA WOLF MARINE TRANSPORTATION, LLC and WITTICH BROS. MARINE, INC. s/h/a WITTICH BROTHERS MARINE, INC. 40 Worth Street, Suite 602 New York, New York 10013 (212) 385-1422 2 2 of 2