Preview
FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.: 522985/2020
DEANDRE MCPHERSON AND JAMES W.
DANIELS AFFIRMATION IN SUPPORT
Plaintiff,
-against-
RONALD GRAVES, ROVAIN SOBERS AND
ROSEANN KELLMAN SOBERS
Defendants.
Rodney A. Mohammed, an attorney duly admitted to practice in the Courts of the State of
New York, affirms the following statement under the penalties of perjury:
1. I am associated with LAW OFFICES OF JENNIFER S. ADAMS, attorneys for
Defendant, RONALD C. GRAVES, in the above-entitled matter, and as such, I am fully familiar
with the facts and circumstances in this matter based upon the file maintained in your
Affirmant’s office.
2. This Affirmation is submitted in support of defendant’s Motion which seeks an
Order Pursuant to CPLR §3124, compelling compliance with all of the discovery demands and
pursuant to CPLR 3126(3) dismissing the Complaint of Plaintiffs based on their failure and
refusal to provide a Verified Bill Of Particulars and authorizations for records in accordance
with the Preliminary Conference Order dated April 1, 2021, or alternatively, an Order pursuant
to CPLR 3126(2) precluding Plaintiffs from offering any testimony or evidence at trial in support
of their claims of liability and damages in this action; and for such other and further relief as this
Court deems just and proper.
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FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021
3. This action arises from a motor vehicle accident which occurred on February 16,
2019 in Brooklyn, New York.
4. Plaintiffs commenced this action against the Defendant, RONALD C. GRAVES,
by service of a Summons and Verified Complaint dated November 18, 2020, a copy of which is
annexed hereto as Exhibit A. In this action, Plaintiffs, JAMES DANIELS and DEANDRE
MCPHERSON, seek to recover damages for the personal injuries allegedly sustained in the
February 16, 2019 accident.
5. Defendant, RONALD C. GRAVES, appeared in this action by service of a
Verified Answer, along with various discovery demands on January 5, 2021, a copy of which are
annexed hereto as Exhibit B.
6. On April 1, 2021, the Court issued a Case Scheduling Order, a copy of which is
annexed hereto as Exhibit C. At that time, the plaintiff was directed to provide the Bill of
Particulars and authorizations by May 13, 2021.
7. The defendant sent a letter to Plaintiffs' counsel in effort to obtain the requested
discovery items. Annexed hereto as Exhibit D is a copy of Defendant's letter dated May 14,
2021.
8. Plaintiffs have not provided discovery pursuant to the Court Order.
9. CPLR Section 3126(3) provides for the sanction of striking out pleadings or
dismissing an action for a party’s failure to obey an Order for disclosure. Here, the Plaintiffs
failed to obey the Case Scheduling Order by failing and refusing to provide a Verified Bill of
Particulars and authorizations.
10. Plaintiffs bear the burden of proving liability and damages in this action, and thus,
plaintiffs should be required to provide the Verified Bill of Particulars and authorizations. Given
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FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021
the repeated failure and refusal of Plaintiffs to comply with the Preliminary Conference Order,
this Court should dismiss the Complaint, or at the very least, preclude Plaintiffs herein from
offering any testimony at trial in support of their claims of liability and damages unless Plaintiffs
provide all outstanding disclosure within 30 days of the date of the determination of this Motion.
11. No prior application for the relief sought herein has been made by this office.
WHEREFORE, it is respectfully requested that an Order pursuant to CPLR §3124,
compelling compliance with all of the discovery demands and pursuant to CPLR 3126(3)
dismissing the Complaint of Plaintiffs based on their failure and refusal to provide a Verified Bill
Of Particulars, authorizations for records in accordance with the Preliminary Conference Order
dated April 1, 2021, or alternatively, an Order pursuant to CPLR 3126(2) precluding Plaintiffs
from offering any testimony or evidence at trial in support of their claims of liability and
damages in this action; and for such other and further relief as this Court deems just and proper.
DATED: Yonkers, NY
July 16, 2021
Respectfully submitted,
___________________________
Rodney A. Mohammed, Esq.
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Preview
FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 522985/2020 DEANDRE MCPHERSON AND JAMES W. DANIELS AFFIRMATION IN SUPPORT Plaintiff, -against- RONALD GRAVES, ROVAIN SOBERS AND ROSEANN KELLMAN SOBERS Defendants. Rodney A. Mohammed, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following statement under the penalties of perjury: 1. I am associated with LAW OFFICES OF JENNIFER S. ADAMS, attorneys for Defendant, RONALD C. GRAVES, in the above-entitled matter, and as such, I am fully familiar with the facts and circumstances in this matter based upon the file maintained in your Affirmant’s office. 2. This Affirmation is submitted in support of defendant’s Motion which seeks an Order Pursuant to CPLR §3124, compelling compliance with all of the discovery demands and pursuant to CPLR 3126(3) dismissing the Complaint of Plaintiffs based on their failure and refusal to provide a Verified Bill Of Particulars and authorizations for records in accordance with the Preliminary Conference Order dated April 1, 2021, or alternatively, an Order pursuant to CPLR 3126(2) precluding Plaintiffs from offering any testimony or evidence at trial in support of their claims of liability and damages in this action; and for such other and further relief as this Court deems just and proper. 1 of 3 FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021 3. This action arises from a motor vehicle accident which occurred on February 16, 2019 in Brooklyn, New York. 4. Plaintiffs commenced this action against the Defendant, RONALD C. GRAVES, by service of a Summons and Verified Complaint dated November 18, 2020, a copy of which is annexed hereto as Exhibit A. In this action, Plaintiffs, JAMES DANIELS and DEANDRE MCPHERSON, seek to recover damages for the personal injuries allegedly sustained in the February 16, 2019 accident. 5. Defendant, RONALD C. GRAVES, appeared in this action by service of a Verified Answer, along with various discovery demands on January 5, 2021, a copy of which are annexed hereto as Exhibit B. 6. On April 1, 2021, the Court issued a Case Scheduling Order, a copy of which is annexed hereto as Exhibit C. At that time, the plaintiff was directed to provide the Bill of Particulars and authorizations by May 13, 2021. 7. The defendant sent a letter to Plaintiffs' counsel in effort to obtain the requested discovery items. Annexed hereto as Exhibit D is a copy of Defendant's letter dated May 14, 2021. 8. Plaintiffs have not provided discovery pursuant to the Court Order. 9. CPLR Section 3126(3) provides for the sanction of striking out pleadings or dismissing an action for a party’s failure to obey an Order for disclosure. Here, the Plaintiffs failed to obey the Case Scheduling Order by failing and refusing to provide a Verified Bill of Particulars and authorizations. 10. Plaintiffs bear the burden of proving liability and damages in this action, and thus, plaintiffs should be required to provide the Verified Bill of Particulars and authorizations. Given 2 of 3 FILED: KINGS COUNTY CLERK 07/19/2021 01:52 PM INDEX NO. 522985/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/19/2021 the repeated failure and refusal of Plaintiffs to comply with the Preliminary Conference Order, this Court should dismiss the Complaint, or at the very least, preclude Plaintiffs herein from offering any testimony at trial in support of their claims of liability and damages unless Plaintiffs provide all outstanding disclosure within 30 days of the date of the determination of this Motion. 11. No prior application for the relief sought herein has been made by this office. WHEREFORE, it is respectfully requested that an Order pursuant to CPLR §3124, compelling compliance with all of the discovery demands and pursuant to CPLR 3126(3) dismissing the Complaint of Plaintiffs based on their failure and refusal to provide a Verified Bill Of Particulars, authorizations for records in accordance with the Preliminary Conference Order dated April 1, 2021, or alternatively, an Order pursuant to CPLR 3126(2) precluding Plaintiffs from offering any testimony or evidence at trial in support of their claims of liability and damages in this action; and for such other and further relief as this Court deems just and proper. DATED: Yonkers, NY July 16, 2021 Respectfully submitted, ___________________________ Rodney A. Mohammed, Esq. 3 of 3