Preview
FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
________________________ ----X
ESMELIN PENA and LEONELA PENA,
Plaintiffs, VERIFIED BILL OF
PARTICULARS
-against-
Index No.: 30724/2020E
VAN COURTLANDT ASSETS LLC,
Defendant.
-- -------------------------X
Defendant, VAN COURTLANDT ASSETS LLC ("Defendant"), by and through its attorneys,
Novick Edelstein Pomerantz, P.C., responds to Plaintiffs, ESMELIN PENA and LEONELA PENA
("Plaintiffs"), Demand for a Verified Billof Particulars as follows:
DEMAND NO. 1
Set forth each and every necessary statutory prerequisite to commencement of this action that
plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your Answer.
RESPONSE TO DEMAND NO.1
Defendant objects to this demand as being improper as this is a defense on a legal issue, not
susceptible to discovery. Furtherinore, this demand is premature as it only inferred/alleged to
potential statutory prerequisite(s). See, Langella v. D'Agostino Suoermarket. Inc., 122 Misc.2d
708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiff was
not required to respond to bill of particulars demand for specification of statutes, ordinances,
rules and regulations alleged to have been violated, at least prior to such time as pretrial
examinations was completed").
DEMAND NO. 2
Set forth each and every necessary jurisdictional prerequisite to commencement of this action
that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your
Answer.
R_ESPONSE TO DEMAND NO. 2
Defendant objects to this demand as being improper as this is a defense on a legal issue, not
susceptible to discovery. Furthermore, this demand is premature as it only inferred/alleged to
potential jurisdictional prerequisite(s). See, Langella v. D'Agostino Supermarket, Inc., 122
Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties,
plaintiff was not required to respond to billof particulars demand for specification of statutes,
ordinances, rules and regulations alleged to have been violated, at least prior to such time as
pretrial examinations was completed").
DEMAND NO. 3
Identify each and every action and proceeding, civilor administrative, in which any determination
was made which, based upon the doctrine of res judicata, bars, in whole or in part, any of the
Plaintiffs'
claims contained in Complaint as alleged by You in paragraph 13 of Your Answer.
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FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021
RESPONSETO DEMAND NO.3
Defendant objects to this demand as being improper and premature as the parties have not
commenced discovery. See, L_an_gella v. D'Aaostino Suoermarket. Inc., 122 Misc.2d 708 (1983)
(where complaint "only infers defendant's violation of statutory duties, plaintiff was not required
to respond to bill of particulars demand for specification of statutes, ordinances, rules and
regulaUons alleged to have been violated, at least prior to such time as pretrial examinations was
completed").
DEMAND NO. 4.
Identify each and every action and proceeding, civil or administrative, in which any deterñ7ination
was made which, based upon the doctrine of estoppel bars, in whole or in part, any of the claims
fs'
contained in Plaintif Complaint as alleged by You in paragraph 13 of Your Answer.
RESPONSETO DEMAND NO.4
Defendant objects to this demand as being improper and premature as the parties have not
commenced discovery. See, Lancella v. D'Aaostino Suoermarket, Inc., 122 Misc.2d 708 (1983)
(where complaint "only infers defendant's violation of statutory duties, plaintiffwas not required
to respond to bill of particulars demand for specification of statutes, ordinances, rules and
regulations alleged to have been violated, at least prior to such time as pretrial examinations was
completed").
DEMAND NO. 5
Set forth each and every act or omissioñ of the plaintiffs that You contend gives rise to the
affirmative defense of unclean hands as alleged by Your in paragraph 16 of Your Answer.
RESPONSE TO DEMAND NO. 5
Defendant objects to this demand as being improper and premature as the parties have not
commenced discovery. See, Langella v. D'Agostino Supermarket, Inc., 122 Misc.2d 708 (1983)
(where complaint "only infers defendant's violation of statutory duties, plaintiff was not required
to respond to bill of particulars demand for specification of statutes, ordinances, rules and
regulations alleged to have been violated, at least prior to such time as pretrial examinations was
completed").
Dated: Yonkers, New York
June30, 2021
Michell I. erez, Esq.
NOVICK EDELSTEIN POMERANTZ, P.C.
Attorneys for Defendant
6th
733 Yonkers Avenue,
Yonkers, NY 10704
Tel. (914) 375-0100 EXT. 217
Fax (914) 375-0699
Email: mtoerez@novickedelstein.com
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FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021
To: Thomas J. Hillgardner, Esq.
Attorney for Plaintiffs
170th
82-63 street
Jamaica, NY 11432
Tel. (718) 657-0606
Email: tomhillqardner@gmail.com
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FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
------ ----------------------------------X
ESMELIN PENA and LEONELA PENA,
Plaintiffs, VERIFICATION
-against- Index No.: 30724/2020E
VAN COURTLANDT ASSETS LLC,
Defendant.
----------------------------- ----------X
STATE OF NEW YORK)
)ss.:
COUNTY OF /t/
7 )
RINALDO TOPOROVSKY, being duly sworn, deposes and says:
That he is a member of Defeñdañt, VAN COURTLANDT ASSETS LLC, in the within action;
that he has read the foregoing BILL OF PARTICULARS and knows the contents thereof to the best
of his knowledge, except as to the matters stated to be upon information and belief,and as to
those matters, he believes them to be true,based upon his review of the records and informaticñ
maintained or kept by Petitioner.
RINALd OROVSKY
to before me this
Swµ
ed / day ofJune 2021
Notary Public
ESTHER ERPS
NOTARY PUBLIC. STATE OF NEW YORK
Registration No. 31-4760064
Qualified in New York County
Commission Expires April 06,2023
.. .
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021
NOTICE OF ENTRY INDEX NO.: 30724 YEAR: 2020
/
Sir:-Please take notice that the within isa (certified) SUPREME COURT OF THE STATE OF NEW YORK
true copy of a COUNTY OF BRONX
duly entered inthe office of the clerk of the within
named court on 2021 ESMELIN PENA and LEONELA PENA,
Dated:
Plaintiffs,
YOURS, ETC.
NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST-
VAN COURTLANDT ASSETS LLC,
ATTORNEY FOR Defendant.
OFFICE AND POST OFFICE ADDRESS
733 YONKERS AVENUE
YONKERS, NY 10704
VERIFIED BILL OF PARTICULARS
TO:
ATTORNEY(S) FOR P.C.
NOVICK, EDELSTEIN, POMERANTZ,
NOTICE OF SETTLEMENT Attorney for
SIR:-Please take notice thatan order Office and Post Office Telephone
Address,
733 Yonkers Avenue
of which the within isa true copy willbe presented NY 10704
Yonkers,
for settlement to the Hon, 375-0100
(914)
on the Day of 2021 To:
Attorney(s) for
at M.
Service of a copy of the within
ishereby admitted.
Dated, Dated,
Yours, etc.
Novick, Edelstein, Pomerantz, P.C. for
Attorney(s)
Attorney for
Office and post officeaddress
733 Yonkers Avenue
Yonkers, NY 10704
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Preview
FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ________________________ ----X ESMELIN PENA and LEONELA PENA, Plaintiffs, VERIFIED BILL OF PARTICULARS -against- Index No.: 30724/2020E VAN COURTLANDT ASSETS LLC, Defendant. -- -------------------------X Defendant, VAN COURTLANDT ASSETS LLC ("Defendant"), by and through its attorneys, Novick Edelstein Pomerantz, P.C., responds to Plaintiffs, ESMELIN PENA and LEONELA PENA ("Plaintiffs"), Demand for a Verified Billof Particulars as follows: DEMAND NO. 1 Set forth each and every necessary statutory prerequisite to commencement of this action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your Answer. RESPONSE TO DEMAND NO.1 Defendant objects to this demand as being improper as this is a defense on a legal issue, not susceptible to discovery. Furtherinore, this demand is premature as it only inferred/alleged to potential statutory prerequisite(s). See, Langella v. D'Agostino Suoermarket. Inc., 122 Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiff was not required to respond to bill of particulars demand for specification of statutes, ordinances, rules and regulations alleged to have been violated, at least prior to such time as pretrial examinations was completed"). DEMAND NO. 2 Set forth each and every necessary jurisdictional prerequisite to commencement of this action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your Answer. R_ESPONSE TO DEMAND NO. 2 Defendant objects to this demand as being improper as this is a defense on a legal issue, not susceptible to discovery. Furthermore, this demand is premature as it only inferred/alleged to potential jurisdictional prerequisite(s). See, Langella v. D'Agostino Supermarket, Inc., 122 Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiff was not required to respond to billof particulars demand for specification of statutes, ordinances, rules and regulations alleged to have been violated, at least prior to such time as pretrial examinations was completed"). DEMAND NO. 3 Identify each and every action and proceeding, civilor administrative, in which any determination was made which, based upon the doctrine of res judicata, bars, in whole or in part, any of the Plaintiffs' claims contained in Complaint as alleged by You in paragraph 13 of Your Answer. 1 of 5 FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021 RESPONSETO DEMAND NO.3 Defendant objects to this demand as being improper and premature as the parties have not commenced discovery. See, L_an_gella v. D'Aaostino Suoermarket. Inc., 122 Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiff was not required to respond to bill of particulars demand for specification of statutes, ordinances, rules and regulaUons alleged to have been violated, at least prior to such time as pretrial examinations was completed"). DEMAND NO. 4. Identify each and every action and proceeding, civil or administrative, in which any deterñ7ination was made which, based upon the doctrine of estoppel bars, in whole or in part, any of the claims fs' contained in Plaintif Complaint as alleged by You in paragraph 13 of Your Answer. RESPONSETO DEMAND NO.4 Defendant objects to this demand as being improper and premature as the parties have not commenced discovery. See, Lancella v. D'Aaostino Suoermarket, Inc., 122 Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiffwas not required to respond to bill of particulars demand for specification of statutes, ordinances, rules and regulations alleged to have been violated, at least prior to such time as pretrial examinations was completed"). DEMAND NO. 5 Set forth each and every act or omissioñ of the plaintiffs that You contend gives rise to the affirmative defense of unclean hands as alleged by Your in paragraph 16 of Your Answer. RESPONSE TO DEMAND NO. 5 Defendant objects to this demand as being improper and premature as the parties have not commenced discovery. See, Langella v. D'Agostino Supermarket, Inc., 122 Misc.2d 708 (1983) (where complaint "only infers defendant's violation of statutory duties, plaintiff was not required to respond to bill of particulars demand for specification of statutes, ordinances, rules and regulations alleged to have been violated, at least prior to such time as pretrial examinations was completed"). Dated: Yonkers, New York June30, 2021 Michell I. erez, Esq. NOVICK EDELSTEIN POMERANTZ, P.C. Attorneys for Defendant 6th 733 Yonkers Avenue, Yonkers, NY 10704 Tel. (914) 375-0100 EXT. 217 Fax (914) 375-0699 Email: mtoerez@novickedelstein.com 2 of 5 FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021 To: Thomas J. Hillgardner, Esq. Attorney for Plaintiffs 170th 82-63 street Jamaica, NY 11432 Tel. (718) 657-0606 Email: tomhillqardner@gmail.com 3 of 5 FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ------ ----------------------------------X ESMELIN PENA and LEONELA PENA, Plaintiffs, VERIFICATION -against- Index No.: 30724/2020E VAN COURTLANDT ASSETS LLC, Defendant. ----------------------------- ----------X STATE OF NEW YORK) )ss.: COUNTY OF /t/ 7 ) RINALDO TOPOROVSKY, being duly sworn, deposes and says: That he is a member of Defeñdañt, VAN COURTLANDT ASSETS LLC, in the within action; that he has read the foregoing BILL OF PARTICULARS and knows the contents thereof to the best of his knowledge, except as to the matters stated to be upon information and belief,and as to those matters, he believes them to be true,based upon his review of the records and informaticñ maintained or kept by Petitioner. RINALd OROVSKY to before me this Swµ ed / day ofJune 2021 Notary Public ESTHER ERPS NOTARY PUBLIC. STATE OF NEW YORK Registration No. 31-4760064 Qualified in New York County Commission Expires April 06,2023 .. . 4 of 5 FILED: BRONX COUNTY CLERK 06/30/2021 01:11 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/30/2021 NOTICE OF ENTRY INDEX NO.: 30724 YEAR: 2020 / Sir:-Please take notice that the within isa (certified) SUPREME COURT OF THE STATE OF NEW YORK true copy of a COUNTY OF BRONX duly entered inthe office of the clerk of the within named court on 2021 ESMELIN PENA and LEONELA PENA, Dated: Plaintiffs, YOURS, ETC. NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST- VAN COURTLANDT ASSETS LLC, ATTORNEY FOR Defendant. OFFICE AND POST OFFICE ADDRESS 733 YONKERS AVENUE YONKERS, NY 10704 VERIFIED BILL OF PARTICULARS TO: ATTORNEY(S) FOR P.C. NOVICK, EDELSTEIN, POMERANTZ, NOTICE OF SETTLEMENT Attorney for SIR:-Please take notice thatan order Office and Post Office Telephone Address, 733 Yonkers Avenue of which the within isa true copy willbe presented NY 10704 Yonkers, for settlement to the Hon, 375-0100 (914) on the Day of 2021 To: Attorney(s) for at M. Service of a copy of the within ishereby admitted. Dated, Dated, Yours, etc. Novick, Edelstein, Pomerantz, P.C. for Attorney(s) Attorney for Office and post officeaddress 733 Yonkers Avenue Yonkers, NY 10704 5 of 5