On September 03, 2021 a
Motion-Secondary
was filed
involving a dispute between
Gloria Del Carmen Cabrera,
and
Petco Health And Wellness Company Inc,
Petsta Llc,
Staples Inc,
for Torts - Other (Slip & Fall)
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------X
GLORIA DEL CARMEN CABRERA, Index No.: 611420/2021
Plaintiff(s), AFFIRMATION
IN SUPPORT
-against-
PETSTA LLC, PETCO HEALTH & WELLNESS
COMPANY, INC. and STAPLES INC.
Defendant(s).
--------------------------------------------------------------------X
KEVIN D. CLINTON, an attorney duly licensed to practice law in the Courts of the State
of New York, affirms that the following statements are true under the penalties of perjury:
1. I am associated with the law firm of LEWIS JOHS AVALLONE AVILES, LLP,
attorneys for Defendant PETCO HEALTH & WELLNESS COMPANY, INC. (“Petco”).
2. As such, I am fully familiar with the facts and circumstances of the within action
based upon a review of the pleadings, records and files maintained by this office in the course of
the defense hereof.
3. This affirmation is respectfully submitted in support of Petco’s motion seeking an
Order pursuant to C.P.L.R. §3212, granting summary judgment to Petco, dismissing Plaintiff’s
complaint and all cross-claims against Petco, and granting summary judgment on Petco’s cross-
claims against all other defendants.
RELEVANT PROCEDURAL HISTORY/EXHIBITS
4. For brevity’s sake, Petco hereby incorporates the procedural history and exhibits
from Plaintiff’s affirmation in support of her motion for summary judgment.
5. As such, all of the pleadings are fully incorporated for purposes of the instant
motion.
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FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023
6. On August 11, 2022, Petco served its responses to Plaintiff’s Combined Demands.
Petco’s written responses and the relevant documentary evidence in response to Plaintiff’s
demands are jointly annexed as Exhibit “A.”
7. Also included as part of Petco’s responses to Plaintiff’s discovery demands was the
lease between Petco and Petsta. That lease is annexed as Exhibit “B.”
8. On August 11, 2022, Plaintiff served post-deposition discovery demands upon all
defendants seeking, inter alia, evidence of inspections of the subject premises prior to the subject
accident. Those post-deposition discovery demands are annexed as Exhibit “C.”
9. On November 28, 2022, Plaintiff exchanged documents received from Dentco, Inc.
which Plaintiff intended to admit at the time of trial. Those documents are annexed as Exhibit
“D.”
10. On December 2, 2022, Petco responded to Plaintiff’s post-deposition demands by
advising that all responsive documents had been served as part of Petco’s August 11, 2022
discovery responses. This communication is annexed as Exhibit “E.”
11. Neither Staples nor Petsta have responded to Plaintiff’s post-deposition discovery
demands.
STATEMENT OF FACTS
12. The Court is respectfully referred to the accompanying Statement of Material Facts.
LEGAL ARGUMENT
13. The Court is respectfully referred to the accompanying Memorandum of Law in
support of the instant motion.
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FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023
WHEREFORE, it is respectfully requested that this Court issue an Order pursuant to
C.P.L.R. §3212, granting summary judgment to Petco, dismissing Plaintiff’s complaint and all
cross-claims against Petco, and granting summary judgment on Petco’s cross-claims against all
other defendants. denying Plaintiff’s motion for summary judgment on liability. Petco further
prays any other and further relief as the Court may deem just and proper.
Dated: New York, New York
January 9, 2023
_____________________________
Kevin D. Clinton, Esq.
LJAA File No.: 0397.1003.NY00
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FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023
CERTIFICATION OF WORD COUNT
I hereby certify that the word count for this Affirmation in Support is 447, which is in
compliance with the 7,000 word limit set forth in 22 N.Y.C.R.R. 202.8.
Dated: New York, New York
January 9, 2023
Respectfully submitted,
By: _______________________________
Kevin D. Clinton, Esq.
LJAA File No.: 0397.1003.NY00
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Document Filed Date
January 09, 2023
Case Filing Date
September 03, 2021
Category
Torts - Other (Slip & Fall)
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FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------X GLORIA DEL CARMEN CABRERA, Index No.: 611420/2021 Plaintiff(s), AFFIRMATION IN SUPPORT -against- PETSTA LLC, PETCO HEALTH & WELLNESS COMPANY, INC. and STAPLES INC. Defendant(s). --------------------------------------------------------------------X KEVIN D. CLINTON, an attorney duly licensed to practice law in the Courts of the State of New York, affirms that the following statements are true under the penalties of perjury: 1. I am associated with the law firm of LEWIS JOHS AVALLONE AVILES, LLP, attorneys for Defendant PETCO HEALTH & WELLNESS COMPANY, INC. (“Petco”). 2. As such, I am fully familiar with the facts and circumstances of the within action based upon a review of the pleadings, records and files maintained by this office in the course of the defense hereof. 3. This affirmation is respectfully submitted in support of Petco’s motion seeking an Order pursuant to C.P.L.R. §3212, granting summary judgment to Petco, dismissing Plaintiff’s complaint and all cross-claims against Petco, and granting summary judgment on Petco’s cross- claims against all other defendants. RELEVANT PROCEDURAL HISTORY/EXHIBITS 4. For brevity’s sake, Petco hereby incorporates the procedural history and exhibits from Plaintiff’s affirmation in support of her motion for summary judgment. 5. As such, all of the pleadings are fully incorporated for purposes of the instant motion. 1 1 of 4 FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023 6. On August 11, 2022, Petco served its responses to Plaintiff’s Combined Demands. Petco’s written responses and the relevant documentary evidence in response to Plaintiff’s demands are jointly annexed as Exhibit “A.” 7. Also included as part of Petco’s responses to Plaintiff’s discovery demands was the lease between Petco and Petsta. That lease is annexed as Exhibit “B.” 8. On August 11, 2022, Plaintiff served post-deposition discovery demands upon all defendants seeking, inter alia, evidence of inspections of the subject premises prior to the subject accident. Those post-deposition discovery demands are annexed as Exhibit “C.” 9. On November 28, 2022, Plaintiff exchanged documents received from Dentco, Inc. which Plaintiff intended to admit at the time of trial. Those documents are annexed as Exhibit “D.” 10. On December 2, 2022, Petco responded to Plaintiff’s post-deposition demands by advising that all responsive documents had been served as part of Petco’s August 11, 2022 discovery responses. This communication is annexed as Exhibit “E.” 11. Neither Staples nor Petsta have responded to Plaintiff’s post-deposition discovery demands. STATEMENT OF FACTS 12. The Court is respectfully referred to the accompanying Statement of Material Facts. LEGAL ARGUMENT 13. The Court is respectfully referred to the accompanying Memorandum of Law in support of the instant motion. 2 2 of 4 FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023 WHEREFORE, it is respectfully requested that this Court issue an Order pursuant to C.P.L.R. §3212, granting summary judgment to Petco, dismissing Plaintiff’s complaint and all cross-claims against Petco, and granting summary judgment on Petco’s cross-claims against all other defendants. denying Plaintiff’s motion for summary judgment on liability. Petco further prays any other and further relief as the Court may deem just and proper. Dated: New York, New York January 9, 2023 _____________________________ Kevin D. Clinton, Esq. LJAA File No.: 0397.1003.NY00 3 3 of 4 FILED: NASSAU COUNTY CLERK 01/09/2023 10:15 PM INDEX NO. 611420/2021 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 01/09/2023 CERTIFICATION OF WORD COUNT I hereby certify that the word count for this Affirmation in Support is 447, which is in compliance with the 7,000 word limit set forth in 22 N.Y.C.R.R. 202.8. Dated: New York, New York January 9, 2023 Respectfully submitted, By: _______________________________ Kevin D. Clinton, Esq. LJAA File No.: 0397.1003.NY00 4 4 of 4