Motion,Ex Parte: 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 12/02/2022 12:46 PM                                                      INDEX NO. 512147/2020
NYSCEF DOC. NO. 72                                                                           RECEIVED NYSCEF: 12/02/2022




          FILE #: 31464
            SUPREME COURT OF THE STATE OF NEW YORK
            COUNTY OF KINGS
            ----------------------------------------------------------------------X
            LUIS ALBERTO HERRERA,


                                               Plaintiff,                             NOTICE OF MOTION

                       -against-                                                      INDEX #: 512147/2020

            THE CITY OF NEW YORK, BELMONT RE, LLC
            AND SUTTER AVENUE REALTY CO. LLC, AND
            TRINCHESE IRON WORKS & CONSTRUCTION INC.,

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

                                            Third-Party Plaintiff,

                       -against-

             TRINCHESE IRON WORKS & CONSTRUCTION INC.,

                                            Third-Party Defendant.

            -----------------------------------------------------------------------X
                  PLEASE TAKE NOTICE, that upon the annexed affirmation of Bianca Cacace, Esq.,

          duly affirmed on the 2nd day of December, 2022, and upon the exhibits annexed hereto, and upon

          all the pleadings and proceedings heretofore had herein, the Plaintiff will move in IAS Motion

          Support Part thereof, at the Kings County courthouse located at 360 Adams Street, Brooklyn, New

          York 11201, on the 5th day of January, 2023, at 9:30 o'clock in the forenoon of that day or as

          soon thereafter as counsel can be heard for an order: 1) restoring this matter to active status; (2)

          setting this matter down for a discovery conference; and (3) for such other and further relief as to

          this Honorable Court may seem just and proper.




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FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM                                                     INDEX NO. 512147/2020
NYSCEF DOC. NO. 72                                                                        RECEIVED NYSCEF: 12/02/2022




                  That this is an action to recover damages for severe personal injuries sustained by the

          Plaintiff as a result of Defendants’ negligence.

                  PLEASE TAKE FURTHER NOTICE, that this motion is being served upon you more

          than 16 days prior to the return date of the notice. Answering affidavits, if any, are to be served

          upon this office at least 7 days prior to the return date of this notice.

          DATED:          New York, New York
                          December 2, 2022
                                                                   Yours, etc.,


                                                                   Bianca Cacace
                                                                   BY: BIANCA CACACE, ESQ.
                                                                   This NOTICE OF MOTION and the
                                                                   papers on which it is based, are certified
                                                                   pursuant to Section 130-1.1-a of the rules of
                                                                   the Chief Administrator (22NYCRR)
                                                                   SUBIN ASSOCIATES, LLP
                                                                   Attorney for Plaintiff
                                                                   150 Broadway, 23rd Floor
                                                                   New York, New York 10038
                                                                   (212) 285-3800


          VIA NYSCEF TO:

          HON. SYLVIA HINDS-RADIX
          CORPORATION COUNSEL
          Attorneys for Defendant
          THE CITY OF NEW YORK
          350 Jay Street, 8th Floor
          Brooklyn, New York 11201

          NEWMAN LAW ASSOCIATES, PLLC
          Attorneys for Defendants/Third-Party Defendant
          BELMONT RE, LLC and TRINCHESE IRON
          WORKS & CONSTRUCTION INC.
          111 John Street, Suite 1500
          New York, New York 10038

          EUSTACE, PREZIOSO & YAPCHANYK
          Attorneys for Defendant/Third-Party Plaintiff




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FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM           INDEX NO. 512147/2020
NYSCEF DOC. NO. 72                                RECEIVED NYSCEF: 12/02/2022




          SUTTER AVENUE REALTY CO. LLC
          55 Water Street, 28th Floor
          New York, New York 10041




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