Preview
FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
PIETRO SCICCHITANO, Index No.: 521543/2018
Plaintiff, AFFIRMATION IN
SUPPORT
-against-
MONIRUL ISLAM,
Defendants.
Stephen F. Doddato, an attorney admitted to practice in the State of New York, affirms
the following under the penalties of perjury:
1. That I am of the law firm of Mirotznik & Associates, LLC, the attorneys of record for
the plaintiffs, and as such am thoroughly conversant with the facts and circumstances herein
based upon the contents of the file maintained by this office.
2. I make this affirmation in support of seeking an Order extending plaintiff's time to file
a Note of Issue and Certificate of Readiness, and for such other and further relief as to this Court
may seem just and proper.
3. This is an action brought by the Plaintiff for damages arising out of serious personal
injuries he sustained as a result of the negligence of the defendants in the ownership and operation
of their motor vehicle on March 27, 2016. This action was commenced in Kings County Supreme
Court on or about October 25, 2018. The defendant was served, and thereafter interposed an
"A"
Answer. Annexed hereto as Exhibit is a copy of the Summons, Complaint and Verified
Answer.
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022
STATEMENT OF FACTS
4. On March 27, 2016, Plaintiff PIETRO SCICCHITANO was operating his vehicle
105th
northbound on the Cross-Island Parkway near its intersection with the Avenue. As
SCICCHITANO was traveling on the Cross-Island Parkway northbound, suddenly and without
warning, defendant MONIRUL ISLAM's vehicle came into contact with the rear of the
SCICCHITANO vehicle.
PROCEDURAL HISTORY
5. The parties filed a proposed Preliminary Conference Order on July 24, 2020.
"B"
Same was Ordered on September 24, 2020. Attached hereto as Exhibit is a copy of the
Preliminary Conference Order.
6. On February 11, 2021, all parties entered into a Compliance Conference Order on
consent. In the Compliance conference Order, the parties were Ordered to appear for depositions
"C"
on or before May 15, 2021. Attached hereto as Exhibit is a copy of the February 11, 2021
Compliance Conference Order. The defendant was not ready for depositions on the
aforementioned date and the depositions did not go forward.
7. On July 15, 2021, the parties entered into a Final Pre Note Conference Order. In the
July 15, 2021 Compliance Conference Order, the parties were Ordered to appear for depositions
"D"
on or before August 31, 2021. Attached hereto as Exhibit is a copy of said Conference
Order. We attempted to contact the defendants to confirm the deposition the day before but to
no avail. As such, the depositions busted. We rescheduled the deposition dates for September
16, 2021, but that date busted as well.
8. Plaintiff was required to file a Note of Issue on or before December 17, 2021. In
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022
light of the fact that depositions had not been conduct, Your Affirmant respectfully requested
that in addition to the extension of time to file a Note of that these deposition dates be so-
Issue,
Ordered. The Court granted Plaintiff's motion and issued an Order dated January 14, 2022.
"E"
Attached hereto as Exhibit is a copy of the January 14, 2022 Order. In the January 14,
2022Order the Court held that, inter alia:
(1) NOI dated is extended to 11/18/22
(2) party EBTs shall be completed by 5/31/2022
) any party's failure to comply with this order shall result in that party
being precluded from offering evidence, testifying at trial,or submitting
an affidavit in response to any dispositive motion on the issue of
liability, upon motion for same; and
9. Both parties agreed to deposition dates of February 16, 2022 for Plaintiff and
February 18, 2022 for defendant. We attempted to contact the defendants to confirm the
deposition the day before but to no avail. As such, the depositions busted again
10. On April 19, 2022, an allparties deposition was confirmed. Plaintiff appeared
virtually and his deposition was held.
11. Although scheduled and confirmed, defendant MONIRUL ISLAM did not appear
for his April 19, 2022 deposition and same was busted again.
12. On May 26, 2022, defendant's deposition was scheduled yet again, but was
busted.
13. To date, defendant has stillhas not appeared for deposition.
14. On Monday, November 21, 2022 at 10:02 a.m. plaintiff filed the Note of Issue and
"F"
Certificate of Readiness via NYSCEF. Attached hereto as Exhibit is a copy of plaintiff's
Note of Issue, Certificate of Readiness and Confirmation of E-filing. Shortly, thereafter the Court
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NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022
returned our documents as same was due Friday, November 18, 2022.
15. As the court is aware, presently there is a pending Motion for Summary Judgment
and to strike defendant's answer for failure to provide discovery and appear for depositions before
Your Honor which, inadvertently, was the cause for the delay in filing the Note of Issue and
Certificate of Readiness.
16. Finally, Plaintiff requests that due to depositions of the defendants being
outstanding and a pending motion for Summary Judgment and Striking the Defendant's Answer
the Court extend plaintiff's time to file the Note of Issue and Certificate of Readiness until a time
after a decision has been rendered on the pending motion.
17. No request for the relief herein has been made.
WHEREFORE, itis respectfully req ted that this motion be granted in its entirety, and
that such other and further relief be grant as to is Co seems just and proper.
Dated; December 20, 2022
East Meadow, NY
tephen F d o
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Preview
FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS PIETRO SCICCHITANO, Index No.: 521543/2018 Plaintiff, AFFIRMATION IN SUPPORT -against- MONIRUL ISLAM, Defendants. Stephen F. Doddato, an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: 1. That I am of the law firm of Mirotznik & Associates, LLC, the attorneys of record for the plaintiffs, and as such am thoroughly conversant with the facts and circumstances herein based upon the contents of the file maintained by this office. 2. I make this affirmation in support of seeking an Order extending plaintiff's time to file a Note of Issue and Certificate of Readiness, and for such other and further relief as to this Court may seem just and proper. 3. This is an action brought by the Plaintiff for damages arising out of serious personal injuries he sustained as a result of the negligence of the defendants in the ownership and operation of their motor vehicle on March 27, 2016. This action was commenced in Kings County Supreme Court on or about October 25, 2018. The defendant was served, and thereafter interposed an "A" Answer. Annexed hereto as Exhibit is a copy of the Summons, Complaint and Verified Answer. 1 of 4 FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022 STATEMENT OF FACTS 4. On March 27, 2016, Plaintiff PIETRO SCICCHITANO was operating his vehicle 105th northbound on the Cross-Island Parkway near its intersection with the Avenue. As SCICCHITANO was traveling on the Cross-Island Parkway northbound, suddenly and without warning, defendant MONIRUL ISLAM's vehicle came into contact with the rear of the SCICCHITANO vehicle. PROCEDURAL HISTORY 5. The parties filed a proposed Preliminary Conference Order on July 24, 2020. "B" Same was Ordered on September 24, 2020. Attached hereto as Exhibit is a copy of the Preliminary Conference Order. 6. On February 11, 2021, all parties entered into a Compliance Conference Order on consent. In the Compliance conference Order, the parties were Ordered to appear for depositions "C" on or before May 15, 2021. Attached hereto as Exhibit is a copy of the February 11, 2021 Compliance Conference Order. The defendant was not ready for depositions on the aforementioned date and the depositions did not go forward. 7. On July 15, 2021, the parties entered into a Final Pre Note Conference Order. In the July 15, 2021 Compliance Conference Order, the parties were Ordered to appear for depositions "D" on or before August 31, 2021. Attached hereto as Exhibit is a copy of said Conference Order. We attempted to contact the defendants to confirm the deposition the day before but to no avail. As such, the depositions busted. We rescheduled the deposition dates for September 16, 2021, but that date busted as well. 8. Plaintiff was required to file a Note of Issue on or before December 17, 2021. In 2 2 of 4 FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022 light of the fact that depositions had not been conduct, Your Affirmant respectfully requested that in addition to the extension of time to file a Note of that these deposition dates be so- Issue, Ordered. The Court granted Plaintiff's motion and issued an Order dated January 14, 2022. "E" Attached hereto as Exhibit is a copy of the January 14, 2022 Order. In the January 14, 2022Order the Court held that, inter alia: (1) NOI dated is extended to 11/18/22 (2) party EBTs shall be completed by 5/31/2022 ) any party's failure to comply with this order shall result in that party being precluded from offering evidence, testifying at trial,or submitting an affidavit in response to any dispositive motion on the issue of liability, upon motion for same; and 9. Both parties agreed to deposition dates of February 16, 2022 for Plaintiff and February 18, 2022 for defendant. We attempted to contact the defendants to confirm the deposition the day before but to no avail. As such, the depositions busted again 10. On April 19, 2022, an allparties deposition was confirmed. Plaintiff appeared virtually and his deposition was held. 11. Although scheduled and confirmed, defendant MONIRUL ISLAM did not appear for his April 19, 2022 deposition and same was busted again. 12. On May 26, 2022, defendant's deposition was scheduled yet again, but was busted. 13. To date, defendant has stillhas not appeared for deposition. 14. On Monday, November 21, 2022 at 10:02 a.m. plaintiff filed the Note of Issue and "F" Certificate of Readiness via NYSCEF. Attached hereto as Exhibit is a copy of plaintiff's Note of Issue, Certificate of Readiness and Confirmation of E-filing. Shortly, thereafter the Court 3 3 of 4 FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/21/2022 returned our documents as same was due Friday, November 18, 2022. 15. As the court is aware, presently there is a pending Motion for Summary Judgment and to strike defendant's answer for failure to provide discovery and appear for depositions before Your Honor which, inadvertently, was the cause for the delay in filing the Note of Issue and Certificate of Readiness. 16. Finally, Plaintiff requests that due to depositions of the defendants being outstanding and a pending motion for Summary Judgment and Striking the Defendant's Answer the Court extend plaintiff's time to file the Note of Issue and Certificate of Readiness until a time after a decision has been rendered on the pending motion. 17. No request for the relief herein has been made. WHEREFORE, itis respectfully req ted that this motion be granted in its entirety, and that such other and further relief be grant as to is Co seems just and proper. Dated; December 20, 2022 East Meadow, NY tephen F d o 4 4 of 4