Motion-Secondary: Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction Inc

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                                FILED:         KINGS       COUNTY         CLERK        01/28/2021             05:28       PM                        INDEX    NO.   512147/2020
   NYSCEF     DOC.   NO.   28                                                                                 RECEIVED      NYSCEF:     01/28/2021




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS
                  ---------------------------------------------------------------------x         Index No.:    512147/2020(ECF)
                  LUIS ALBERTO HERRERA,

                                                      Plaintiff,                                         AFFIRMATION
                                                                                                           IN SUPPORT
                                    v.

                  THE CITY OF NEW YORK, BELMONT RE, LLC AND
                  SUTTER AVENUE REALTY CO., LLC.,

                                                      Defendants.
                  ---------------------------------------------------------------------x
                  SUTTER AVENUE REALTY CO., LLC

                                             Third-Party Plaintiff,

                                    v.

                  TRINCHESE IRON WORKS & CONSTRUCTION INC.,

                                             Third-Party Defendant,
                  ---------------------------------------------------------------------x

                           DANIEL P. ROCCO, an attorney duly admitted to practice law in the Courts of the State

                  of New York, affirms the following under the penalties of perjury pursuant to CPLR 2106:

                           1.       I am associated with the firm of EUSTACE, PREZIOSO & YAPCHANYK,

                  attorneys for the Defendant/Third Party Plaintiff Sutter Avenue Realty Co. LLC.

                           2.       This affirmation is submitted in support of the annexed Motion to Compel Bill of

                  Particulars and a response to combined demands.

                           3.       In response to plaintiff's Complaint (Exhibit "A"), an Answer, a Demand for a

                  Bill of Particulars and combined discovery demands (Exhibit "B") were served on plaintiff's

                  counsel.

                           4.       On October 14, 2020, a Good Faith letter (Exhibit "C") was emailed to plaintiff's

                  attorney requesting compliance with our demand for a Bill of Particulars and combined demands.




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   FILED:         KINGS       COUNTY         CLERK        01/28/2021             05:28       PM                        INDEX    NO.   512147/2020
   NYSCEF     DOC.   NO.   28                                                                                 RECEIVED      NYSCEF:     01/28/2021




                           5.       On November 13, 2020, another email was sent to Plaintiff’s counsel requesting a

                  status of their discovery responses (Exhibit “D”).

                           6.       On December 15, 2020, a Good Faith Letter (Exhibit “E”) was filed on the

                  electronic filing website again requesting compliance with our demand for a Bill of Particulars

                  and combined demands.

                           7.       To date, plaintiff’s counsel has made no attempt to respond to our good faith

                  attempts nor have we received the discovery requested.

                           WHEREFORE, it is respectfully requested that this Court issue an Order, pursuant to

                  CPLR §3042(c), compelling plaintiff(s) to serve a Bill of Particulars in response to defendant’s

                  demand and, pursuant to CPLR §3124, compelling plaintiff(s) to respond to Defendant/Third

                  Party Plaintiff combined demands, and for such other and further relief as this Court deems just

                  and proper.

                  DATED:       January 28, 2021
                               New York, New York




                                                                        Daniel P. Rocco




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