On November 18, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Deandre Mcpherson,
James W. Daniels,
and
Ronald C. Graves,
Roseann Kellman-Sobers,
Rovain S. Sobers,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 07/29/2021 04:21 PM INDEX NO. 522985/2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------X
DEANDRE MCPHERSON and JAMES W. DANIELS,
Plaintiffs,
Index No. 522985/2020
-against-
AFFIRMATION
RONALD C. GRAVES, ROVAIN S. SOBERS and OF GOOD FAITH
ROSEANN KELLMAN-SOBERS,
Defendants.
------------------------------------------------------------------X
ERICA K. FUGELSANG, an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the following to be true, upon information and belief, under
penalties of perjury:
1. I am associated with the law firm of MARTYN, MARTYN, SMITH, MURRAY
& YONG, ESQS., attorneys for the defendants, ROVAIN S. SOBERS and ROSEANN
KELLMAN-SOBERS (hereinafter referred to as “SOBERS / KELLMAN-SOBERS”). I am
fully familiar with the facts and circumstances set forth herein based upon my review of a file
maintained in this office.
2. SOBERS / KELLMAN-SOBERS has attempted in good faith to resolve the issues
set forth herein on multiple occasions.
3. This has included the service of multiple discovery demands, good faith letters,
and a Preliminary Conference Order, all of which addressed the discovery issue set forth herein.
4. Additionally, I called plaintiffs’ counsel’s office on July 27, 2021 at 12:30 p.m.
and explained that we were missing the Bill of Particulars and authorizations. I asked that they
be e-mailed to me to avoid filing a cross-motion for the discovery. Plaintiff’s office essentially
told me that the discovery wasn’t yet available.
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1 of 2
FILED: KINGS COUNTY CLERK 07/29/2021 04:21 PM INDEX NO. 522985/2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/29/2021
5. SOBERS / KELLMAN-SOBERS has been unable to resolve the issues set forth
herein such that the defendants have no alternative but to seek additional intervention of the
Court at this time.
Dated: Mineola, New York
July 28, 2021
____________________________________
ERICA K. FUGELSANG
4
2 of 2
Document Filed Date
July 29, 2021
Case Filing Date
November 18, 2020
Category
Torts - Motor Vehicle
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Preview
FILED: KINGS COUNTY CLERK 07/29/2021 04:21 PM INDEX NO. 522985/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X DEANDRE MCPHERSON and JAMES W. DANIELS, Plaintiffs, Index No. 522985/2020 -against- AFFIRMATION RONALD C. GRAVES, ROVAIN S. SOBERS and OF GOOD FAITH ROSEANN KELLMAN-SOBERS, Defendants. ------------------------------------------------------------------X ERICA K. FUGELSANG, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true, upon information and belief, under penalties of perjury: 1. I am associated with the law firm of MARTYN, MARTYN, SMITH, MURRAY & YONG, ESQS., attorneys for the defendants, ROVAIN S. SOBERS and ROSEANN KELLMAN-SOBERS (hereinafter referred to as “SOBERS / KELLMAN-SOBERS”). I am fully familiar with the facts and circumstances set forth herein based upon my review of a file maintained in this office. 2. SOBERS / KELLMAN-SOBERS has attempted in good faith to resolve the issues set forth herein on multiple occasions. 3. This has included the service of multiple discovery demands, good faith letters, and a Preliminary Conference Order, all of which addressed the discovery issue set forth herein. 4. Additionally, I called plaintiffs’ counsel’s office on July 27, 2021 at 12:30 p.m. and explained that we were missing the Bill of Particulars and authorizations. I asked that they be e-mailed to me to avoid filing a cross-motion for the discovery. Plaintiff’s office essentially told me that the discovery wasn’t yet available. 3 1 of 2 FILED: KINGS COUNTY CLERK 07/29/2021 04:21 PM INDEX NO. 522985/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/29/2021 5. SOBERS / KELLMAN-SOBERS has been unable to resolve the issues set forth herein such that the defendants have no alternative but to seek additional intervention of the Court at this time. Dated: Mineola, New York July 28, 2021 ____________________________________ ERICA K. FUGELSANG 4 2 of 2