No Value: Sylvia Chavez, Damian Chavez v. Berito'S Ii Deli & Grocery, Corp.

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                                FILED:         KINGS       COUNTY         CLERK        08/17/2018             12:53       PM                        INDEX    NO.   523105/2016
   NYSCEF     DOC.   NO.   27                                                                                 RECEIVED      NYSCEF:     08/17/2018




                  SUPREME        COURT      OF   THE   STATE      OF  NEW     YORK
                  COUNTY        OF   KINGS
                  -----------------------------------------------------------------X

                  SYLVIA      CHAVEZ       and  DAMIAN        CHAVEZ,                               Index   No.:  523105/2016



                                                                Plaintiff,
                                                                                                    AFFIRMATION            OF
                                                                                                    GOOD      FAITH
                           -against-



                  BERITO'S       II DELI   &  GROCERY,        CORP.,


                                                                Defendant.
                  ______________________________________------------------------------X


                           JOSHUA       S.  TALCOVITZ,        ESQ.,    an  attomey    duly   admitted   to  practice  law   before  the


                  Courts   of the  State  of New   York,   hereby   affirms   the following    under  penalty   of perjury:


                           1.       I am   associated    with   the  law  firm   of McMANUS         ATESHOGLOU            AIELLO      &


                  APOSTOLAKOS,           PLLC,    attorneys   for the defendant,    BERITO'S      II DELI   &  GROCERY,        CORP.,


                  and  as such,   I am  fully familiar   with  the facts  and  circumstances     set forth  herein  from   a review   of


                  the file maintained     by my   office  with  regard   to this matter.


                           2.       This  Affirmation     is respectfully   submitted   in support   of  the within   motion   for:  (1)


                  an  Order  pursuant   to Section   202.21   of the  Uniform    Rules  for  the New   York   State  Trial  Courts  (22


                  NYCRR      202.21)    vacating   the  plaintiff's  Note   of Issue  and   Statement    of Readiness;     (2) striking


                  plaintiff's  request   for a trial preference;    (3) directing   the plaintiff  to respond    to defendant's    post


                  depositions    demands;    (4)  directing  the  plaintiff to  appear   for independent     medical   examinations;


                  and  (5)  extending    the  defendant's    time   to file  a motion    for summary     judgment     until  120  days



                  following    the  completion    of  all outstanding    discovery    with  regard   to  this matter,   together   with


                  such  other  and  further  relief  as to this Honorable     Court  may   seem   just  and  proper.




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   FILED:         KINGS       COUNTY         CLERK        08/17/2018             12:53       PM                        INDEX    NO.   523105/2016
   NYSCEF     DOC.   NO.   27                                                                                 RECEIVED      NYSCEF:     08/17/2018




                           3.        A  Final Conference     was  recently   held  in Supreme    Court,  Kings   County,    on July  26,


                  2018,   wherein    the plaintiff  was  directed   to file a Note   of Issue  and  Certificate   of Readiness    on  or


                  before   August    1, 2018,  despite  the  fact that  discovery   remained    outstanding.


                           4.        Plaintiff's   Counsel     filed  the   Note    of   Issue,   Certificate    of  Readiness,     and



                  Affirmation     of Compliance     on  or  about  August    1, 2018,  wherein    plaintiff's  counsel   admitted   that



                  discovery    and  plaintiff's  independent    medical    examinations     remained    outstanding.



                           5.        A  good   faith  effort was   made    to  resolve   the issues   of the  within   motion    in that



                  plaintiff's   counsel   filed  his  Note   of  Issue   and   Certificate   of  Readiness    per   Court   Order   and


                  acknowledged       that  discovery    remained    outstanding     and  that  plaintiff  had  not   yet attended    her



                  independent     medical   examinations.     While   the  plaintiffwas    ordered  to respond    to defendant's   post



                  deposition    demands     by  August    25,  2018   and   attend   her  independent    medical    examinations     by


                  September     27,  2018,   defendant   cannot   stipulate  to permit   this  matter  to stay  on  the  trialcalendar



                  as   discovery    is  not   complete    and   plaintiff   has   not  yet   attended    her   independent     medical



                  examinations.      In  addition,  defendant    makes   the  within  motion    to extend   the time  to file a motion


                  for  summary     judgment     until  the conclusion     of discovery,    which   the  Court's   most   recent  Order


                  does   not adequately    address.


                           6.        The  intervention   of  the Court   is therefore  necessary.



                  Dated:   New    York,   New   York

                           August    17, 2018


                                                                          OSHUA       S. TALCOVITZ,        ESQ.




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