On October 31, 2017 a
Motion-Secondary
was filed
involving a dispute between
Judith Zarug,
and
Ambcosino Construction Corp,
The City Of New York,
for Torts - Other Negligence (Premises)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________________________________________________x
JUDITH ZARUG,
Index No.: 521110/17
Plaintiff,
AFFIRMATION IN
SUPPORT
-against-
THE CITY OF NEW YORK and
AMBROSINO CONSTRUCTION CORP.,
Defendants.
____________________________________________________________________Ç
STEVEN L. SONKIN, an attorney duly admitted to practice law before the
Courts of this State affirms the truth of the following under the penalties of perjury:
1. I am an attorney with the law offices of Daniella Levi and Associates, P.C.,
attorneys for the Plaintiff, and as such I am fully familiar with the facts and circumstances of
this matter.
2. This affirmation is submitted in support of the within motion which seeks an
Order to restore this case to active status, compelling the deposition of witness from The City
of New York Parks Department and upon restoration to active status, extending Plaintiff's
time to file the Note of Issue.
3. This is an action for personal injury sustained by the plaintiffJUDITH ZARUG
as a result of an incident which occurred on May 20, 2017 on the sidewalk/bike path on Ocean
Parkway between Avenue W and Gravesend Neck Avenue in Brooklyn, New York. The
incident occurred within an area designated as a New York City Park. As a result of the
incident, the Plaintiff sustained bilateral elbow fracture.
4. A copy of the Summons and Complaint is annexed hereto as Exhibit "A".
Defendants'
Answer is annexed hereto as Exhibit "B".
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FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022
5. Plaintiff filed a Verified Bill of Particulars on December 6, 2017. A copy of
the Verified Bill of Particulars is annexed herein as Exhibit "C".
6. Since the accident happened within the confines of a New York City Park, a
witness from the Parks Department is required to be produced for an examination before
trial.The deposition is necessary for the prosecution of this matter.
7. The Note of Issue needs to be extended inasmuch as the depositions of
Plaintiff and Defendant have not been conducted
8. Itis well settled that absent of a 90 day notice pursuant to CPLR 3216 (there
"inactive"
was no 90 day notice in this case) restoring a case marked or disposed is
(2nd
automatic. See, e.g. Andre v. Bonetto Realty Corp. 32 A.D. 3d 973, N.Y.S.2d 292 Dept.
2006).
9. Accordingly, itis respectfully requested that the Court restore this matter to
active status, issue an Order compelling the deposition for a witness from The City's Parks
Department and extending the time to filethe Note of Issue.
WHEREFORE, Plaintiff respectfully requests the within motion be granted in its
entirety and for such other and further relief as the Court deems just and proper.
Dated: Fresh lge dows, New York
June 2022
te en L S
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FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022
CERTIFICATION FOR WORD COUNT
STEVEN L. SONKIN, an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the following to be trueunder the penalties of perjury:
That pursuant to Uniform Rule 202.8-b the annexed affirmation contains 4 5/
words as determined by the Microsoft Word application's word processing system.
DATED: Fresh eadows, New York
June , 2022
StÈVEN L. SM, ESQ.
3 of 3
Document Filed Date
June 28, 2022
Case Filing Date
October 31, 2017
Category
Torts - Other Negligence (Premises)
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FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________________________________________________x JUDITH ZARUG, Index No.: 521110/17 Plaintiff, AFFIRMATION IN SUPPORT -against- THE CITY OF NEW YORK and AMBROSINO CONSTRUCTION CORP., Defendants. ____________________________________________________________________Ç STEVEN L. SONKIN, an attorney duly admitted to practice law before the Courts of this State affirms the truth of the following under the penalties of perjury: 1. I am an attorney with the law offices of Daniella Levi and Associates, P.C., attorneys for the Plaintiff, and as such I am fully familiar with the facts and circumstances of this matter. 2. This affirmation is submitted in support of the within motion which seeks an Order to restore this case to active status, compelling the deposition of witness from The City of New York Parks Department and upon restoration to active status, extending Plaintiff's time to file the Note of Issue. 3. This is an action for personal injury sustained by the plaintiffJUDITH ZARUG as a result of an incident which occurred on May 20, 2017 on the sidewalk/bike path on Ocean Parkway between Avenue W and Gravesend Neck Avenue in Brooklyn, New York. The incident occurred within an area designated as a New York City Park. As a result of the incident, the Plaintiff sustained bilateral elbow fracture. 4. A copy of the Summons and Complaint is annexed hereto as Exhibit "A". Defendants' Answer is annexed hereto as Exhibit "B". 1 of 3 FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022 5. Plaintiff filed a Verified Bill of Particulars on December 6, 2017. A copy of the Verified Bill of Particulars is annexed herein as Exhibit "C". 6. Since the accident happened within the confines of a New York City Park, a witness from the Parks Department is required to be produced for an examination before trial.The deposition is necessary for the prosecution of this matter. 7. The Note of Issue needs to be extended inasmuch as the depositions of Plaintiff and Defendant have not been conducted 8. Itis well settled that absent of a 90 day notice pursuant to CPLR 3216 (there "inactive" was no 90 day notice in this case) restoring a case marked or disposed is (2nd automatic. See, e.g. Andre v. Bonetto Realty Corp. 32 A.D. 3d 973, N.Y.S.2d 292 Dept. 2006). 9. Accordingly, itis respectfully requested that the Court restore this matter to active status, issue an Order compelling the deposition for a witness from The City's Parks Department and extending the time to filethe Note of Issue. WHEREFORE, Plaintiff respectfully requests the within motion be granted in its entirety and for such other and further relief as the Court deems just and proper. Dated: Fresh lge dows, New York June 2022 te en L S 2 of 3 FILED: KINGS COUNTY CLERK 06/28/2022 04:20 PM INDEX NO. 521110/2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 06/28/2022 CERTIFICATION FOR WORD COUNT STEVEN L. SONKIN, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be trueunder the penalties of perjury: That pursuant to Uniform Rule 202.8-b the annexed affirmation contains 4 5/ words as determined by the Microsoft Word application's word processing system. DATED: Fresh eadows, New York June , 2022 StÈVEN L. SM, ESQ. 3 of 3