On July 26, 2018 a
No Value
was filed
involving a dispute between
Antonio Espinosa,
and
Mac 60 Llc,
Royal Home Improvements, Inc.,
for Torts - Other (Labor Law)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 12/22/2020 10:26 AM INDEX NO. 515277/2018
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
ANTONIO ESPINOSA, Index No.: 515277/2018
Plaintiff,
-against- AFFIRMATION OF
GOOD FAITH
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
Defendants.
--------------------------------------------------------------------------X
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
Third-Party Plaintiff,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
---------------------------------------------------------------------------X
RICHARD B. POLNER, an attorney duly admitted to practice law before the Courts of
this State, and aware of the penalties of perjury, hereby affirms the following:
1. I am associated with the law firm of Rawle & Henderson, LLP, attorneys for the
Defendant/Third-Party Plaintiff, GILMAR DESIGN CORPORATION (hereinafter "GILMAR")
in the above-entitled action. I am fully familiar with the facts and circumstances at issue herein
based upon a review of the file maintained by this office in defense of the instant action as well
as my personal knowledge.
This Affirmation of Good Faith is submitted pursuant to the N.Y. Ct. Uniform Rules §202.7 in
support of GILMAR’s Motion for an order pursuant to CPLR §3124 compelling Plaintiff to
provide requested discovery, specifically certain authorizations and, in the event Plaintiff fails to
provide discovery for an order pursuant to CPLR §3126(3) dismissing the complaint for Plaintiffs’
14353374-1
1 of 2
FILED: KINGS COUNTY CLERK 12/22/2020 10:26 AM INDEX NO. 515277/2018
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2020
willful failure to provide discovery, or, in the alternative an Order pursuant to CPLR 312(2)
precluding Plaintiff from introducing evidence in support of his claim for non-economic damages at
the time of trial and granting such other, further and different relief as this Court may deem just,
proper and equitable.
2. As addressed in GILMAR’s motion in chief, on December 10, 2020, GILMAR
served on Plaintiff its demand for an authorization permitting GILMAR to obtain Plaintiff’s
military records from Mexico. And on December 11, 2020, Plaintiff objected to the demand.
3. On December 11, 2020, GILMAR respectfully requested Plaintiff reconsider the
objection as Plaintiff’s pre-morbid military records are material and relevant to ascertaining
Plaintiff’s level of ability. However, to date Plaintiff has not responded to GILMAR’s December
11, 2020 request.
4. No prior application has been made by movant for the relief sought herein.
Dated: New York, New York
December 21, 2020
RICHARD B. POLNER
14353374-1 2
2 of 2
Document Filed Date
December 22, 2020
Case Filing Date
July 26, 2018
Category
Torts - Other (Labor Law)
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FILED: KINGS COUNTY CLERK 12/22/2020 10:26 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X ANTONIO ESPINOSA, Index No.: 515277/2018 Plaintiff, -against- AFFIRMATION OF GOOD FAITH MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. Defendants. --------------------------------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. Third-Party Plaintiff, -against- GILMAR DESIGN CORPORATION, Third-Party Defendant. ---------------------------------------------------------------------------X RICHARD B. POLNER, an attorney duly admitted to practice law before the Courts of this State, and aware of the penalties of perjury, hereby affirms the following: 1. I am associated with the law firm of Rawle & Henderson, LLP, attorneys for the Defendant/Third-Party Plaintiff, GILMAR DESIGN CORPORATION (hereinafter "GILMAR") in the above-entitled action. I am fully familiar with the facts and circumstances at issue herein based upon a review of the file maintained by this office in defense of the instant action as well as my personal knowledge. This Affirmation of Good Faith is submitted pursuant to the N.Y. Ct. Uniform Rules §202.7 in support of GILMAR’s Motion for an order pursuant to CPLR §3124 compelling Plaintiff to provide requested discovery, specifically certain authorizations and, in the event Plaintiff fails to provide discovery for an order pursuant to CPLR §3126(3) dismissing the complaint for Plaintiffs’ 14353374-1 1 of 2 FILED: KINGS COUNTY CLERK 12/22/2020 10:26 AM INDEX NO. 515277/2018 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2020 willful failure to provide discovery, or, in the alternative an Order pursuant to CPLR 312(2) precluding Plaintiff from introducing evidence in support of his claim for non-economic damages at the time of trial and granting such other, further and different relief as this Court may deem just, proper and equitable. 2. As addressed in GILMAR’s motion in chief, on December 10, 2020, GILMAR served on Plaintiff its demand for an authorization permitting GILMAR to obtain Plaintiff’s military records from Mexico. And on December 11, 2020, Plaintiff objected to the demand. 3. On December 11, 2020, GILMAR respectfully requested Plaintiff reconsider the objection as Plaintiff’s pre-morbid military records are material and relevant to ascertaining Plaintiff’s level of ability. However, to date Plaintiff has not responded to GILMAR’s December 11, 2020 request. 4. No prior application has been made by movant for the relief sought herein. Dated: New York, New York December 21, 2020 RICHARD B. POLNER 14353374-1 2 2 of 2