On October 31, 2017 a
Motion-Secondary
was filed
involving a dispute between
Judith Zarug,
and
Ambcosino Construction Corp,
The City Of New York,
for Torts - Other Negligence (Premises)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------- x
JUDITH ZARUG,
AFFIRMATION IN
Plaintiff, OPPOSITION
- against - Index No: 521110/2017
THE CITY OF NEW YORK and AMBROSINO File No: 2017-062652
CONSTRUCTION CORP.,
MTN SEQ # 2
Defendants.
----------------------------------------------------------------------- x
DMITRI SHTILGOIZ, an attorney admitted to practice in the State of New York
and an Assistant Corporation Counsel in the office of JAMES E. JOHNSON, Corporation Counsel
of the City of New York, the attorney of record for the defendant THE CITY OF NEW YORK,
affirms the truth of the following under the penalties of perjury pursuant to CPLR 2106, based
upon the records maintained in this office.
1. This affirmation is submitted by defendant THE CITY OF NEW YORK
(hereinafter “City”) in opposition to defendant’s, AMBROSINO CONSTRUCTION CORP.,
(hereinafter “Ambrosino”), motion for summary judgment dated August 24, 2020, seeking an
Order pursuant to CPLR 3212 granting summary judgment and dismissing the complaint along
with any and all cross-claims.
2. This is an action for personal injuries allegedly sustained by the JUDITH ZARUG
(hereinafter “Plaintiff”) on May 20, 2017 when she tripped and fell due to an alleged defect in the
sidewalk/bicycle path on Ocean Parkway between Avenue W and Gravesend Neck Road, County
of Kings, State of New York.
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FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021
3. The City adopts and incorporates the recent procedural history as described in the
Affirmation in Support submitted on behalf of Ambrosino. See Ambrosino’s Affirmation in
Support, ¶¶ 6-14.
4. In the interest of judicial economy, the City also adopts and incorporates herein
Plaintiff’s arguments contained in the Affirmation in Opposition to Ambrosino’s motion seeking
an Order pursuant to CPLR 3212 granting summary judgment and dismissing the complaint along
with any and all cross-claims.
WHEREFORE, it is respectfully requested that defendant AMBROSINO
CONSTRUCTION CORP.’s motion for summary judgment be denied in its entirety.
Dated: Brooklyn, New York
April 2, 2021
DMITRI SHTILGOIZ
Assistant Corporation Counsel
(718) 834-4159
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FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021
Index No. 521110/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JUDITH ZARUG,
Plaintiff,
- against -
THE CITY OF NEW YORK and AMBROSINO
CONSTRUCTION CORP.,
Defendants..
AFFIRMATION IN OPPOSITION
JAMES E. JOHNSON
Corporation Counsel of the City of New York
Attorney for Defendant
THE CITY OF NEW YORK,
350 Jay Street
Brooklyn, New York 11201
_________________________________
Of Counsel: Dmitri Shtilgoiz, Esq.
Tel: (718) 834-4159
NYCLIS No. 2017-062652
Due and timely service is hereby admitted.
Brooklyn, N.Y. .........................................., 2021.
........................................................................Esq.
Attorney for ............................................................
3 of 3
Document Filed Date
April 02, 2021
Case Filing Date
October 31, 2017
Category
Torts - Other Negligence (Premises)
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Preview
FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------- x JUDITH ZARUG, AFFIRMATION IN Plaintiff, OPPOSITION - against - Index No: 521110/2017 THE CITY OF NEW YORK and AMBROSINO File No: 2017-062652 CONSTRUCTION CORP., MTN SEQ # 2 Defendants. ----------------------------------------------------------------------- x DMITRI SHTILGOIZ, an attorney admitted to practice in the State of New York and an Assistant Corporation Counsel in the office of JAMES E. JOHNSON, Corporation Counsel of the City of New York, the attorney of record for the defendant THE CITY OF NEW YORK, affirms the truth of the following under the penalties of perjury pursuant to CPLR 2106, based upon the records maintained in this office. 1. This affirmation is submitted by defendant THE CITY OF NEW YORK (hereinafter “City”) in opposition to defendant’s, AMBROSINO CONSTRUCTION CORP., (hereinafter “Ambrosino”), motion for summary judgment dated August 24, 2020, seeking an Order pursuant to CPLR 3212 granting summary judgment and dismissing the complaint along with any and all cross-claims. 2. This is an action for personal injuries allegedly sustained by the JUDITH ZARUG (hereinafter “Plaintiff”) on May 20, 2017 when she tripped and fell due to an alleged defect in the sidewalk/bicycle path on Ocean Parkway between Avenue W and Gravesend Neck Road, County of Kings, State of New York. 1 of 3 FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021 3. The City adopts and incorporates the recent procedural history as described in the Affirmation in Support submitted on behalf of Ambrosino. See Ambrosino’s Affirmation in Support, ¶¶ 6-14. 4. In the interest of judicial economy, the City also adopts and incorporates herein Plaintiff’s arguments contained in the Affirmation in Opposition to Ambrosino’s motion seeking an Order pursuant to CPLR 3212 granting summary judgment and dismissing the complaint along with any and all cross-claims. WHEREFORE, it is respectfully requested that defendant AMBROSINO CONSTRUCTION CORP.’s motion for summary judgment be denied in its entirety. Dated: Brooklyn, New York April 2, 2021 DMITRI SHTILGOIZ Assistant Corporation Counsel (718) 834-4159 2 of 3 FILED: KINGS COUNTY CLERK 04/02/2021 11:59 AM INDEX NO. 521110/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2021 Index No. 521110/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUDITH ZARUG, Plaintiff, - against - THE CITY OF NEW YORK and AMBROSINO CONSTRUCTION CORP., Defendants.. AFFIRMATION IN OPPOSITION JAMES E. JOHNSON Corporation Counsel of the City of New York Attorney for Defendant THE CITY OF NEW YORK, 350 Jay Street Brooklyn, New York 11201 _________________________________ Of Counsel: Dmitri Shtilgoiz, Esq. Tel: (718) 834-4159 NYCLIS No. 2017-062652 Due and timely service is hereby admitted. Brooklyn, N.Y. .........................................., 2021. ........................................................................Esq. Attorney for ............................................................ 3 of 3