On June 07, 2018 a
Motion-Secondary
was filed
involving a dispute between
Kenneth Miller,
and
David Strothers,
Eric Bevard,
Gretchen Bevard,
for Real Property - Other (Declaratory Judgment/Ease)
in the District Court of Jefferson County.
Preview
FILED: JEFFERSON COUNTY CLERK 02/13/2019 11:49 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/13/2019
SUPREME COURT
STATE OF NEW YORK COUNTY OF JEFFERSON
KENNETH MILLER,
Plaintiff,
AFFIDAVIT OF
THOMAS P. GIVAS, ESQ.
vs. Index No.: EF2018-00001369
CHARLES PETER HUNKELE, JR., and
DAVID STROTHERS
Defendants.
STATE OF NEW YORK )
) SS.:
COUNTY OF ONONDAGA )
THOMAS P. GIVAS, being duly sworn, deposes and says:
1. Deponent is a duly licensed and practicing attorney in the State of New York, and
is a member of the law firm of Pappas, Cox, Kimpel, Dodd & Levine, P.C., which maintains an office
for the conduct of its business located at 614 James Street, Syracuse, New York.
2. Deponent is the attorney for the Plaintiff in the above-referenced action and, as such,
is fully familiar with the facts and proceedings in the instant matter.
3. Deponent makes this Affidavit in opposition to the motions of the Defendants
seeking to strike the Note of Issue.
4. At this time, the Plaintiff has no statements, no experts or photos.
5. As concerns the depositions, the parties conducted two days of depositions in
November of 2018 at which time the Plaintiff was present. The plaintiff resides in Albuquerque, New
Mexico and was here for both days. The Defendants did not request to depose the Plaintiff at that
time.
6. The Plaintiff relayed that he would be available for a video deposition. The
Defendants have refused and have requested that he return to Watertown for a deposition.
7. The Plaintiff believes thiswould be expensive and unnecessary since the Defendants
chose not to depose the Plaintiff while he was here. As such, the Plaintiff believes the Defendants
have waived that deposition.
Dodd & Levine, P.C.
Pappas, Cox, Kimpel,
Syracuse, New York
Page I of 2
1 of 2
FILED: JEFFERSON COUNTY CLERK 02/13/2019 11:49 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/13/2019
8. The Defendant has been advised that Plaintiff does not have an abstract at this time.
The Plaintiff had a property search done prior to commencing the lawsuit.
9. Deponent attempted to subpoena records relating to the Defendant's 1996
transaction. Deponent was advised by the law firm which handled the matter that those records no
longer exist.
Defendants'
10. As such, the motions should be denied and/or any deposition should be
limited to a video deposition as set forth above.
'
WHEREFORE, Plaintiff requests an order t D/endan motions as set forth
denying
above, together with such other and further relief as to e Cou fn y seeny
st and proper.
Dated: February 13, 2019
THOMAS P. IVAS, ESÓ.
PAPPAS, C , KIMPEL, DODD . LEVINE, P.C.
Attorneys fo Plaintiff
614 James et
Syracuse, York 13203
Tel: (315)
472-4481
Fax: (315) 472-2289
Email: /
eivas@ pa p pascoxlaw.com
Subscribed to and sworn before
AMY HESS
me this of 2019. OF NEW YORK
day February NOTARY PUBLIC-STATE
No. 01HE6363322
Qualified In Onondaga County
Expires 08-21-2021
Commission
My
otary Pu c
Pappas, Cox, Kimpel, Dodd & Levine, P,C.
Syracuse, New York
Page 2 of 2
2 of 2
Document Filed Date
February 13, 2019
Case Filing Date
June 07, 2018
Category
Real Property - Other (Declaratory Judgment/Ease)
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FILED: JEFFERSON COUNTY CLERK 02/13/2019 11:49 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/13/2019 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON KENNETH MILLER, Plaintiff, AFFIDAVIT OF THOMAS P. GIVAS, ESQ. vs. Index No.: EF2018-00001369 CHARLES PETER HUNKELE, JR., and DAVID STROTHERS Defendants. STATE OF NEW YORK ) ) SS.: COUNTY OF ONONDAGA ) THOMAS P. GIVAS, being duly sworn, deposes and says: 1. Deponent is a duly licensed and practicing attorney in the State of New York, and is a member of the law firm of Pappas, Cox, Kimpel, Dodd & Levine, P.C., which maintains an office for the conduct of its business located at 614 James Street, Syracuse, New York. 2. Deponent is the attorney for the Plaintiff in the above-referenced action and, as such, is fully familiar with the facts and proceedings in the instant matter. 3. Deponent makes this Affidavit in opposition to the motions of the Defendants seeking to strike the Note of Issue. 4. At this time, the Plaintiff has no statements, no experts or photos. 5. As concerns the depositions, the parties conducted two days of depositions in November of 2018 at which time the Plaintiff was present. The plaintiff resides in Albuquerque, New Mexico and was here for both days. The Defendants did not request to depose the Plaintiff at that time. 6. The Plaintiff relayed that he would be available for a video deposition. The Defendants have refused and have requested that he return to Watertown for a deposition. 7. The Plaintiff believes thiswould be expensive and unnecessary since the Defendants chose not to depose the Plaintiff while he was here. As such, the Plaintiff believes the Defendants have waived that deposition. Dodd & Levine, P.C. Pappas, Cox, Kimpel, Syracuse, New York Page I of 2 1 of 2 FILED: JEFFERSON COUNTY CLERK 02/13/2019 11:49 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/13/2019 8. The Defendant has been advised that Plaintiff does not have an abstract at this time. The Plaintiff had a property search done prior to commencing the lawsuit. 9. Deponent attempted to subpoena records relating to the Defendant's 1996 transaction. Deponent was advised by the law firm which handled the matter that those records no longer exist. Defendants' 10. As such, the motions should be denied and/or any deposition should be limited to a video deposition as set forth above. ' WHEREFORE, Plaintiff requests an order t D/endan motions as set forth denying above, together with such other and further relief as to e Cou fn y seeny st and proper. Dated: February 13, 2019 THOMAS P. IVAS, ESÓ. PAPPAS, C , KIMPEL, DODD . LEVINE, P.C. Attorneys fo Plaintiff 614 James et Syracuse, York 13203 Tel: (315) 472-4481 Fax: (315) 472-2289 Email: / eivas@ pa p pascoxlaw.com Subscribed to and sworn before AMY HESS me this of 2019. OF NEW YORK day February NOTARY PUBLIC-STATE No. 01HE6363322 Qualified In Onondaga County Expires 08-21-2021 Commission My otary Pu c Pappas, Cox, Kimpel, Dodd & Levine, P,C. Syracuse, New York Page 2 of 2 2 of 2