On March 12, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Thalia Agathocleous,
and
795 Fifth Avenue Corportation D B A The Pierre,
Ihms,Llc,
for Torts - Other (Premises)
in the District Court of Queens County.
Preview
D: OU N INDEX NO. 703721/2018
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 11/22/2022
EXHIBIT “B”(FILED: QUEENS COUNTY CLERK 12/02/2022 Wa:5Z RM INDEX NO. 703721/2018
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 12/82/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
- xX
THALIA AGATHOCLEOUS, Index No. 703721/2018
Plaintiff,
-against-
NOTICE OF ENTRY
795 FIFTH AVENUE CORPORATION d/b/a THE
PIERRE and IHMS, LLC,
Defendants.
-X
PLEASE TAKE NOTICE that the within is a true copy of an Order of Hon. Pam
Jackman Brown dated October 25, 2021 duly entered in the Office of the Clerk of the within
named Court on October 26, 2021.
Dated: Brooklyn, New York
December 2, 2021
Yours, etc.
af GENE NOVAK, ESQ.
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants
795 FIFTH AVENUE CORPORATION and
IHMS, LLC
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
File No.: 553.0215
TO: SACCO & FILLAS, LLP
Attorneys for Plaintiff
THALIA AGATHOCLEOUS
31-19 Newtown Avenue, 7'" Floor
Astoria, New York 11102
(718) 746-3440
1 of 3(FILED: QUEENS COUNTY CLERK 18/08/2022 W2:82 RM INDEX NO. 703721/2018
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 18/28/2022
NEW YORK STATE SUPREME COURT
QUEENS COUNTY-IAS PART 19
SHORT FORM ORDER
FILED
Present: HON.PAM JACKMAN BROWN 10/26/2021
Justice x QUEENS COUNTY
THALIA AGATHOCLEOUS,
Plaintiff, Index # 703721/2018
Mot seq #004
Mot Date: 10/18/2021
-against-
Cal #001
795 FIFTH AVENUE CORPORTION
d/b/a THE PIERRE and IHMS, LLC.,
Defendants.
The following below e-filed numbered papers, 78 to 105, read on this motion,
sequence #, for an Order vacating the default judgment, Decision/Order dated May 24,
2021, and Judgment entered on May 25, 2021; 2. restoring the Defendants' motion
seeking to (a) strike the Plaintiff's purported "supplemental" verified Bill of Particular;
(b) preclude Plaintiff from offering any evidence at trial in connection with the purported
"supplemental" verified Bill of Particulars, dated February 3, 2021, pursuant to CPLR §
3126 and deeming the opposition papers and Cross- Motion dated March 26, 2021,
submitted herewith, to have been served on Defendants’ counsel and filed with Court;
and, 3. for such other and further relief as the Court may deem just, proper and equitable.
The motion is opposed.
After a virtual argument and on the papers the motion is granted in part and denied
in part. The application to file supplemental Verified Bill of Particular is unduly
prejudicial to Defendant given the lengthy procedural history and the delayed time frame
Plaintiff is not seeking to supplement to include the additional injury and loss of earning
claim. Plaintiff has not proferred a good faith basis why this injury and claim were not
included in the original Bill of Particular. Given the circumstances of this case, the
inclusion of the new injury and the claim during Plaintiff's testimony during trial are
highly prejudicial to Defendants.
2 of 2(FILED: QUEENS COUNTY CLERK 18/08/2022 W2:82 RM INDEX NO. 703721/2018
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 18/28/2022
Accordingly, the application to vacate the default under motion sequence #003 is
granted. However, the determination of the Court on the motion sequence #3 filed by
Defendants remain the same. The cross motion to motion sequence #3 seeking leave to
amend a pleading is denied in its entirety.
Based on the above, motion sequence # is granted in part and denied in part.
The above constitutes the Decision and Order of the Court.
Dated: October 25, 2021
Jamaica, NY
Hon. Pam Jackman Brown,J.S.C.
FILED
10/26/2021
COUNTY CLERK
QUEENS COUNTY
2 of 2
Document Filed Date
November 22, 2022
Case Filing Date
March 12, 2018
Category
Torts - Other (Premises)
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Preview
D: OU N INDEX NO. 703721/2018 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 11/22/2022 EXHIBIT “B”(FILED: QUEENS COUNTY CLERK 12/02/2022 Wa:5Z RM INDEX NO. 703721/2018 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 12/82/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS - xX THALIA AGATHOCLEOUS, Index No. 703721/2018 Plaintiff, -against- NOTICE OF ENTRY 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE and IHMS, LLC, Defendants. -X PLEASE TAKE NOTICE that the within is a true copy of an Order of Hon. Pam Jackman Brown dated October 25, 2021 duly entered in the Office of the Clerk of the within named Court on October 26, 2021. Dated: Brooklyn, New York December 2, 2021 Yours, etc. af GENE NOVAK, ESQ. McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendants 795 FIFTH AVENUE CORPORATION and IHMS, LLC 55 Washington Street, 7th Floor Brooklyn, New York 11201 (212) 747-1230 File No.: 553.0215 TO: SACCO & FILLAS, LLP Attorneys for Plaintiff THALIA AGATHOCLEOUS 31-19 Newtown Avenue, 7'" Floor Astoria, New York 11102 (718) 746-3440 1 of 3(FILED: QUEENS COUNTY CLERK 18/08/2022 W2:82 RM INDEX NO. 703721/2018 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 18/28/2022 NEW YORK STATE SUPREME COURT QUEENS COUNTY-IAS PART 19 SHORT FORM ORDER FILED Present: HON.PAM JACKMAN BROWN 10/26/2021 Justice x QUEENS COUNTY THALIA AGATHOCLEOUS, Plaintiff, Index # 703721/2018 Mot seq #004 Mot Date: 10/18/2021 -against- Cal #001 795 FIFTH AVENUE CORPORTION d/b/a THE PIERRE and IHMS, LLC., Defendants. The following below e-filed numbered papers, 78 to 105, read on this motion, sequence #, for an Order vacating the default judgment, Decision/Order dated May 24, 2021, and Judgment entered on May 25, 2021; 2. restoring the Defendants' motion seeking to (a) strike the Plaintiff's purported "supplemental" verified Bill of Particular; (b) preclude Plaintiff from offering any evidence at trial in connection with the purported "supplemental" verified Bill of Particulars, dated February 3, 2021, pursuant to CPLR § 3126 and deeming the opposition papers and Cross- Motion dated March 26, 2021, submitted herewith, to have been served on Defendants’ counsel and filed with Court; and, 3. for such other and further relief as the Court may deem just, proper and equitable. The motion is opposed. After a virtual argument and on the papers the motion is granted in part and denied in part. The application to file supplemental Verified Bill of Particular is unduly prejudicial to Defendant given the lengthy procedural history and the delayed time frame Plaintiff is not seeking to supplement to include the additional injury and loss of earning claim. Plaintiff has not proferred a good faith basis why this injury and claim were not included in the original Bill of Particular. Given the circumstances of this case, the inclusion of the new injury and the claim during Plaintiff's testimony during trial are highly prejudicial to Defendants. 2 of 2(FILED: QUEENS COUNTY CLERK 18/08/2022 W2:82 RM INDEX NO. 703721/2018 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 18/28/2022 Accordingly, the application to vacate the default under motion sequence #003 is granted. However, the determination of the Court on the motion sequence #3 filed by Defendants remain the same. The cross motion to motion sequence #3 seeking leave to amend a pleading is denied in its entirety. Based on the above, motion sequence # is granted in part and denied in part. The above constitutes the Decision and Order of the Court. Dated: October 25, 2021 Jamaica, NY Hon. Pam Jackman Brown,J.S.C. FILED 10/26/2021 COUNTY CLERK QUEENS COUNTY 2 of 2