On March 12, 2018 a
Letter,Correspondence
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
MMG
McMAHON, MARTINE & GALLAGHER, LLP
ATTORNEYS AT LAW
Principal Office: New Jersey Office:
55 WASHINGTON ST. 404 MARKET STREET
BROOKLYN, NY 11201 TRENTON, NJ 08611
TEL (212) 747-1230 TEL (609) 396-2999
FAX (212) 747-1239 FAX (609) 396-2254
November 15, 2022
Via NYSCEF and Email: rmchugh@saccofillas.com and rszmuc@saccofillas.com:
Sacco & Fillas, LLP
31-19 Newtown Avenue, 7th Floor
Astoria, New York 11102
RE: Thalia Agathocleous v. 795 Fifth Avenue Corporation et al.
DOL: January 6, 2018
Index No.: 703721/2018
Our File No.: 553.0215
Rejection of The Notice Pursuant To CPRL §4532-a Regarding X-ray of Ribs
Dear Counsel:
We have received your Notice Pursuant to CPLR §4532-a dated October 27, 2022 advising
that the plaintiff intends to offer in evidence at the trial in the above referenced matter, the Xray
of the plaintiff’s ribs taken on March 1, 2018, as interpreted by Matthew Diament M.D. We
respectfully reject such notice and remind you that the court precluded your client from introducing
any evidence regarding possible fracture to the plaintiff’s right eighth rib.
It is respectfully requested that you withdraw such notice within 5 days in order to avoid
further motion practice.
Sincerely,
Gene Novak
Gene Novak, Esq.
Document Filed Date
November 15, 2022
Case Filing Date
March 12, 2018
Category
Torts - Other (Premises)
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MMG McMAHON, MARTINE & GALLAGHER, LLP ATTORNEYS AT LAW Principal Office: New Jersey Office: 55 WASHINGTON ST. 404 MARKET STREET BROOKLYN, NY 11201 TRENTON, NJ 08611 TEL (212) 747-1230 TEL (609) 396-2999 FAX (212) 747-1239 FAX (609) 396-2254 November 15, 2022 Via NYSCEF and Email: rmchugh@saccofillas.com and rszmuc@saccofillas.com: Sacco & Fillas, LLP 31-19 Newtown Avenue, 7th Floor Astoria, New York 11102 RE: Thalia Agathocleous v. 795 Fifth Avenue Corporation et al. DOL: January 6, 2018 Index No.: 703721/2018 Our File No.: 553.0215 Rejection of The Notice Pursuant To CPRL §4532-a Regarding X-ray of Ribs Dear Counsel: We have received your Notice Pursuant to CPLR §4532-a dated October 27, 2022 advising that the plaintiff intends to offer in evidence at the trial in the above referenced matter, the Xray of the plaintiff’s ribs taken on March 1, 2018, as interpreted by Matthew Diament M.D. We respectfully reject such notice and remind you that the court precluded your client from introducing any evidence regarding possible fracture to the plaintiff’s right eighth rib. It is respectfully requested that you withdraw such notice within 5 days in order to avoid further motion practice. Sincerely, Gene Novak Gene Novak, Esq.