Preview
FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022
FILE #: 31464
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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LUIS ALBERTO HERRERA,
Plaintiff, AFFIRMATION IN
SUPPORT
-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
BIANCA CACACE, ESQ., duly admitted to practice law in the Courts of the State of New
York, hereby affirms under the penalties of perjury pursuant to CPLR §2106:
1. That I am associated with Subin Associates, LLP, the attorneys for the Plaintiff, LUIS
ALBERTO HERRERA (“Plaintiff”), and, as such, I am familiar with the facts and
circumstances herein, except as to those alleged upon information and belief, and as to
those I verily believe them to be true.
2. That I make this affirmation in support of Plaintiff's motion for an Order: 1) restoring
this matter to active status; (2) setting this matter down for a discovery conference; and
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022
(3) for such other and further relief as to this Honorable Court may seem just and
proper.
3. That this is an action by Plaintiff to recover for personal injuries sustained by Plaintiff
during a trip and fall as a result of Defendants’ negligence on August 6, 2019.
4. On or about July 12, 2020, Plaintiff initiated this action by filing a Summons and
Complaint. (See, Summons and Complaint, annexed hereto as Exhibit “A”).
5. Defendants joined issue by serving their Verified Answers. (See, Defendants’ Verified
Answer, annexed hereto collectively as Exhibit “B”).
6. On or about November 19, 2020, Defendant, SUTTER AVENUE REALTY CO.
LLC, filed a Third-Party Compliant against Third-Party Defendant, TRINCHESE
IRON WORKS & CONSTRUCTION INC. On or about December 23, 2020, Third-
Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION INC. filed
their Verified Answer. (See, Third-Party Summons and Compliant and Verified
Answer, annexed hereto collectively as Exhibit “C”).
7. On or about April 19, 2021, this Court issued a Case Scheduling Order. (See, Case
Scheduling Order, annexed hereto as Exhibit “D”).
8. On or about February 28, 2022, parties entered into a Proposed Compliance Conference
Order, which was subsequently so ordered by this Court. (See, Compliance Conference
Order, annexed hereto as Exhibit “E”). Pursuant to this Order, Plaintiff must file the
Note of Issue on or before September 16, 2022.
9. On or about April 12, 2022, the undersigned filed a motion to amend the Summons and
Complaint to add the Third-Party Defendant, TRINCHESE IRON WORKS &
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022
CONSTRUCTION INC., as a direct Defendant. On or about October 25, 2022, this
Court granted this motion. (See, Decision, annexed hereto as Exhibit “F”).
10. On or about September 30, 2022, this matter was marked disposed due to the Note of
Issue not being filed.
11. Presently, depositions have not been held and discovery is outstanding.
12. Plaintiff is respectfully requesting that this matter be restored to active status and that
a discovery conference be scheduled.
WHEREFORE, it is respectfully requested that the within motion be granted in all respects,
and for such other and further relief as to this Honorable Court may seem just and proper.
Dated: New York, New York
December 2, 2022
Bianca Cacace
Bianca Cacace, Esq.
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FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022
WORD COUNT CERTIFICATION
Bianca Cacace, Esq., hereby certifies, pursuant to 22 NYCRR 202.8-b(c) that this
document in chief, with a word count limit of 7,000 words contains 658 words, not including the
caption and signature block and, further, the document complies with the word count limit in 22
NYCRR 202.8-b(a)(i).
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Preview
FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022 FILE #: 31464 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X LUIS ALBERTO HERRERA, Plaintiff, AFFIRMATION IN SUPPORT -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 BIANCA CACACE, ESQ., duly admitted to practice law in the Courts of the State of New York, hereby affirms under the penalties of perjury pursuant to CPLR §2106: 1. That I am associated with Subin Associates, LLP, the attorneys for the Plaintiff, LUIS ALBERTO HERRERA (“Plaintiff”), and, as such, I am familiar with the facts and circumstances herein, except as to those alleged upon information and belief, and as to those I verily believe them to be true. 2. That I make this affirmation in support of Plaintiff's motion for an Order: 1) restoring this matter to active status; (2) setting this matter down for a discovery conference; and 1 of 4 FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022 (3) for such other and further relief as to this Honorable Court may seem just and proper. 3. That this is an action by Plaintiff to recover for personal injuries sustained by Plaintiff during a trip and fall as a result of Defendants’ negligence on August 6, 2019. 4. On or about July 12, 2020, Plaintiff initiated this action by filing a Summons and Complaint. (See, Summons and Complaint, annexed hereto as Exhibit “A”). 5. Defendants joined issue by serving their Verified Answers. (See, Defendants’ Verified Answer, annexed hereto collectively as Exhibit “B”). 6. On or about November 19, 2020, Defendant, SUTTER AVENUE REALTY CO. LLC, filed a Third-Party Compliant against Third-Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION INC. On or about December 23, 2020, Third- Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION INC. filed their Verified Answer. (See, Third-Party Summons and Compliant and Verified Answer, annexed hereto collectively as Exhibit “C”). 7. On or about April 19, 2021, this Court issued a Case Scheduling Order. (See, Case Scheduling Order, annexed hereto as Exhibit “D”). 8. On or about February 28, 2022, parties entered into a Proposed Compliance Conference Order, which was subsequently so ordered by this Court. (See, Compliance Conference Order, annexed hereto as Exhibit “E”). Pursuant to this Order, Plaintiff must file the Note of Issue on or before September 16, 2022. 9. On or about April 12, 2022, the undersigned filed a motion to amend the Summons and Complaint to add the Third-Party Defendant, TRINCHESE IRON WORKS & 2 of 4 FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022 CONSTRUCTION INC., as a direct Defendant. On or about October 25, 2022, this Court granted this motion. (See, Decision, annexed hereto as Exhibit “F”). 10. On or about September 30, 2022, this matter was marked disposed due to the Note of Issue not being filed. 11. Presently, depositions have not been held and discovery is outstanding. 12. Plaintiff is respectfully requesting that this matter be restored to active status and that a discovery conference be scheduled. WHEREFORE, it is respectfully requested that the within motion be granted in all respects, and for such other and further relief as to this Honorable Court may seem just and proper. Dated: New York, New York December 2, 2022 Bianca Cacace Bianca Cacace, Esq. 3 of 4 FILED: KINGS COUNTY CLERK 12/02/2022 12:46 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 12/02/2022 WORD COUNT CERTIFICATION Bianca Cacace, Esq., hereby certifies, pursuant to 22 NYCRR 202.8-b(c) that this document in chief, with a word count limit of 7,000 words contains 658 words, not including the caption and signature block and, further, the document complies with the word count limit in 22 NYCRR 202.8-b(a)(i). 4 of 4