On December 29, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Naquawn Mcintosh,
and
322 Gates Llc,
Airitan Management Corp.,
for Torts - Other Negligence (Premises)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/04/2023 10:29 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------x
NAQUAWN McINTOSH, Index No.: 526100/2020
Plaintiff,
NOTICE OF MOTION
-against-
322 GATES LLC and AIRTAN MANAGEMENT Return Date: 1/20/2023
CORP.,
Defendants.
-----------------------------------------------------------------------x
322 GATES LLC.,
Third Party-Plaintiff,
-against-
EXCELLENT INTERIORS, INC.,
Third Party-Defendant.
-----------------------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the Affirmation of Andrea E. Waisman sworn to
on January 4, 2023 upon all pleadings, proceedings and papers heretofore had and filed herein, the
third-party plaintiff, EXCELLENT INTERIORS, INC., will move this Court located at 360 Adams
Street, Brooklyn, New York 11201 20th day of January 2023, at 10:00 a.m. in the forenoon of that
day, or as soon thereafter as counsel may be heard for an Order (1) pursuant to CPLR § 3126,
dismissing the action for plaintiff’s failure to respond to discovery demands, or in the alternative,
(2) an Order pursuant CPLR §3126(2) precluding plaintiff from offering evidence at trial
pertaining to liability and damages, based on plaintiff’s failure to respond to discovery demands;
or, in the alternative (3) pursuant to CPLR §3124, compelling Plaintiff to respond to discovery
demands by a date certain, under the penalty of preclusion for failure to do so; and (4) for such
other and further relief as this Court deems, just proper and equitable.
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FILED: KINGS COUNTY CLERK 01/04/2023 10:29 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/04/2023
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b),
answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days
prior to the return date of this motion.
Dated: January 4, 2023
Garden City, New York
LAW OFFICES OF KEVIN P. WESTERMAN
_______________________________
BY: Andrea E. Waisman
Attorneys for Third-Party Defendant
EXCELLENT INTERIOR, INC.,
990 Stewart Avenue- Suite 400
Garden City, New York 11530
Phone: (516) 493-4501
File No.: 22-008320
TO: ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, 14th Floor
New York, New York 10038
(212) 227-5000
WOOD SMITH HENNING &
BERMAN, LLP
Attorneys for Defendant
AIRTAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, New York 10017
(212) 999-7100
TRAUB LIEBERMAN STRAUS
& SHREWSBERRY LLP
Attorneys for Defendant/Third-party Plaintiff
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
2 of 2
Document Filed Date
January 04, 2023
Case Filing Date
December 29, 2020
Category
Torts - Other Negligence (Premises)
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FILED: KINGS COUNTY CLERK 01/04/2023 10:29 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x NAQUAWN McINTOSH, Index No.: 526100/2020 Plaintiff, NOTICE OF MOTION -against- 322 GATES LLC and AIRTAN MANAGEMENT Return Date: 1/20/2023 CORP., Defendants. -----------------------------------------------------------------------x 322 GATES LLC., Third Party-Plaintiff, -against- EXCELLENT INTERIORS, INC., Third Party-Defendant. -----------------------------------------------------------------------x PLEASE TAKE NOTICE, that upon the Affirmation of Andrea E. Waisman sworn to on January 4, 2023 upon all pleadings, proceedings and papers heretofore had and filed herein, the third-party plaintiff, EXCELLENT INTERIORS, INC., will move this Court located at 360 Adams Street, Brooklyn, New York 11201 20th day of January 2023, at 10:00 a.m. in the forenoon of that day, or as soon thereafter as counsel may be heard for an Order (1) pursuant to CPLR § 3126, dismissing the action for plaintiff’s failure to respond to discovery demands, or in the alternative, (2) an Order pursuant CPLR §3126(2) precluding plaintiff from offering evidence at trial pertaining to liability and damages, based on plaintiff’s failure to respond to discovery demands; or, in the alternative (3) pursuant to CPLR §3124, compelling Plaintiff to respond to discovery demands by a date certain, under the penalty of preclusion for failure to do so; and (4) for such other and further relief as this Court deems, just proper and equitable. 1 of 2 FILED: KINGS COUNTY CLERK 01/04/2023 10:29 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/04/2023 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: January 4, 2023 Garden City, New York LAW OFFICES OF KEVIN P. WESTERMAN _______________________________ BY: Andrea E. Waisman Attorneys for Third-Party Defendant EXCELLENT INTERIOR, INC., 990 Stewart Avenue- Suite 400 Garden City, New York 11530 Phone: (516) 493-4501 File No.: 22-008320 TO: ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, 14th Floor New York, New York 10038 (212) 227-5000 WOOD SMITH HENNING & BERMAN, LLP Attorneys for Defendant AIRTAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, New York 10017 (212) 999-7100 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant/Third-party Plaintiff 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 2 of 2