Preview
FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____________________________________________________________________Ç
NICHOLAS DASSLER,
Plaintiff, AFFIDAVIT OF SERVICE
-against-
Index No.: 611178/2021
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
____________________________________________________________________Ç
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
Nicole Ivory, being duly sworn, deposes and says: That I am not a party to the within action,
I am over 18 years of age and reside in Suffolk County, in the State ofNew York. That on January
27, 2023, I served a true copy of the Order to Show Cause and Supporting Documents entered on
January 18, 2023 and returnable February 7, 2023, by depositing a true copy of same, in a sealed
envelope, with first class mail postage prepaid thereon, in a post office or official depository of the
U.S. Postal Service within the State of New York, addressed to the last known address of the
addressee(s) as indicated below:
JACQUELINE C. HOSTY, ESQ.
SMITH MAZURE, P.C.
Attorneys for Defendants
DANIEL B. KREMEN and
GOLDEN HAWK LLC
2902
39 Broadway, Floor
New York, NY 10006
Nicole Ivo
Sworn to before me on this
d
day of January, 2023
7
DONNA M. MCCORMACK
Notary Pubhc
NOTARY PUBLIC STATE OF NEW YORK
NO. 01MC6286963
UALIFIED IN SUFFOLK COUNTY
COM ISSION EXPIRES AUGUST 05, 2
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NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 01/18/2023
At a-------Jean, Part , of the Supreme
Court of the State of New York held in and for the
County of Suffolk, at the Courthouse located at
Court S et, Riverhead, New York, on the
day of , 2023.
P R E S E N T
HON. UNDA KEVINS
HON.
Justice of the Supreme Court
SUPREME COURT OF THE STKfE OF NEW YORK
COUNTY OF SUFFOLK
______.___..-____________________________________Ç
NICHOLAS DASSLER,
Plaintiff, ORDER TO SHOW
CAUSE
-against-
Index No.:611178/2021
DANIEL B. KREMEN and OOLDEN HAWK LLC,
Defendants.
_____________...----...---....___________________Ç
3rd
Upon the annexed affirmation of GARY A. PAGLIARELLO, ESQ., affirmed the
day of January 2023, together with all pleadings and proceedings had herein and the exhibits
annexed hereto;
LET the Plaintiff,show cause at a Tam, Part , , thereof, to be held in and for /
the of at the Courthouse located at 1 Court New on the y--
County Suffolk, Street, Riverhead, York,
tay of , 2023 at 9:30 a.m. in the forenoon of that day, or as soon
thereafter as counlel can be hear ;
WHY an Order of the Court should not be made and entered herein relieving
ROSENBERG & GLUCK, L.L.P. as counsel for the Plaintiff in the above captioned matter;
WHY an Order of the Court should not be made staying this action for a period of sixty
2 1 of
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Plaintiffs time to retain other counsel;
WHY, the Court should not order that ROSENBERG & GLUCK, L.L.P. retains an
attorney's lien pursuant to NY Judiciary Law Section(s) 475 and 475-a be recognized;
WHY, the Court should not order that ROSENBERG & GLUCK, LL.P. retains a lien
for the costof itsdisbursements in theamount of $1,275.22 in thismatter; and
WHY, the Court should not order such other and further reliefas this Court deems just
and proper, and itis;
ORDERED, that pending the determination of the within motion allproceedings in this
action are stayed.
SUFFICIENT CAUSE APPEAMNG THEREFORE, let service of a copy of this
Order together with a copy of the Affirmation and hibits upon which it is rant , on c
Plaintiff,at his lastknown address . e,
New-¥eel•4732 and upon SMITH MAZURE P.C., counsel for Defendants DANIEL B.
KREMEN and GOLDEN HAWK LLC. by first class mail on or before
2023, be deemed good and sufficient service.
ENTER:
Submit only
No appearance requ red
GRANTED
JAN 1 8 2023 HON HNDA KFVINS
VINCENT POLEO
of suffolk county
clerk
2
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....- . ---........ -..- ...., .
... , .__- ..... -... ....
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________________________________________________Ç
NICHOLAS DASSLER,
Plaintiff, AFFIRMATION IN SUPPORT
OF ORDER TO SHOW
-against- CAUSE
DANIEL B. KREMEN and GOLDEN HAWK LLC, Index No.:611178/2021
Defendants.
_________________________________________Ç
GARY A. PAGLIARELLO, an attorney licensed to practice law before the Courts in
the State of New York, affirms the following under the penalty of perjury:
1. I am associated with the law firm of ROSENBERG & GLUCK, L.L.P.,
attorneys for the Plaintiff herein. I have reviewed the file maintained by this office and as such
am fully familiar with the facts and circumstances surrounding this matter.
2. I make this affirmation in support of the within motion seeking an Order of the
Court allowing ROSENBERG & GLUCK, L.L.P. to withdraw as the attorneys of record for
the Plaintiff; to stay this action for sixty (60) days to enable the Plaintiff to retain new counsel;
upon discharging of ROSENBERG & GLUCK, L.L.P. to Order that ROSENBERG &
GLUCK, L.L.P. has an attorney's lien to the proceeds of this action, pursuant to NY Judiciary
Law §475 and 475-a; to order that ROSENBERG & GLUCK, L.L.P. retains a lien for its costs
and disbursements in the amount of $1,275.22 for this matter; and for such other and further
relief as the Court deems just and proper.
3. This is an action wherein Plaintiff seeks to recover damages as the result of
injuries he sustained due to the negligence of Defendants on December 8, 2020. Plaintiff
commenced this action on June 11, 2021 by the filing of a Summons and Complaint. A copy of
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the Summons and Complaint is annexed hereto as EXHIBIT A. Defendants DANIEL B.
Defendants'
KREMEN and GOLDEN HAWK LLC answered on October 1, 2021. A copy of
Answer is annexed hereto as EXHIBIT B.
4. There has been a breakdown in the attorney client relationship which prevents our
firm from continuing to represent the Plaintiff in this matter. Plaintiff and counsel have come to
an impasse with regard to the continuation of this litigation. It is your Affirmant's position that
ethical considerations restrict your Affirmant from providing further details with respect to this
impasse. However, should this Honorable Court require further explanation, your Affirmant
requests the opportunity to submit a supplemental ex parte Affirmation to be reviewed in
camera.
5. As a result of the foregoing, your Affirmant is compelled to request the assistance
of this Honorable Court.
6. On January 3, 2023, your Affirmant emailed a letter to SMITH MAZURE, P.C.,
counsel for Defendants, and advised that the within Order to Show Cause would be presented to
this Court via e-filing. A copy of the aforesaid notice is annexed hereto as EXHIBIT C.
7. Granting this motion will not prejudice Plaintiff. An action has been timely
commenced and served. The Defendant has answered and appeared in this action, and the matter
will be stayed for sixty (60) days to allow Plaintiff time to retain other counsel.
8. No previous application for the relief requested herein has been made.
WHEREFORE, your Affirmant respectfully requests an Order relieving ROSENBERG
& GLUCK, L.L.P. as counsel for Plaintiff in this action; staying this action for sixty (60) days
to permit Plaintiff time to retain new counsel; finding that ROSENBERG & GLUCK L.L.P.
2
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NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023
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has an attorney's lien for legal fees based upon a percentage of settlement or judgment
any
attached to the above referenced matter pursuant to NY Judiciary Law §475 and 475-a; finding
that ROSENBERG & GLUCK, L.L.P. retains a lien in the amount of $1,275.22 for its costs
and disbursements in this matter; and, for such other and further relief as this Court deems just
and proper.
DATED: Holtsville, New York
January 3, 2023
/GA A. REL O, ESQ.
3
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF SUFFOLK
--------------------------------------------------------X Filed:
NICHOLAS DASSLER,
SUMMONS
Plaintiff,
Plaintiff designates Suffolk
County as the place of trial.
-against-
The basis of venue is
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendant's Residence:
45 Adams Road, Apt. ID
Defendants.
Central Islip,NY 11722
-----------------------------------------------------------X (Suffolk County)
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, or if the complaint is not served with this summons, to serve a notice of appearance on
the Plaintiff's attorneys within twenty (20) days after the service of this summons exclusive of the
day of service, where service is made by delivery upon you personally within the state or within thirty
(30) days after completion of service where service is made in any other manner. In case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded in
the complaint.
Dated: Holtsville, New York
June 11, 2021
/GAB AGLIARELLO
ROS BERG & GLUCK, LLP.
Attorneys for Plaintiff
1176 Portion Road
Holtsville, New York 11742
(631) 451-79Ö0
TO:
DANIEL B. KREMEN
45 Adams Road, Apt. ID
Central Islip,NY, 11722
GOLDEN HAWK, LLC
1170 Delsea Drive
Westville, NJ 08093
8 1ofnf 20G
FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____________________________________________Ç
NICHOLAS DASSLER,
Plaintiff, Index No.:
COMPLAINT
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
_________________________________________Ç
The Plaintiff, above named, complaining of the Defendants by his attomeys,
ROSENBERG & GLUCK, L.L.P., respectfully alleges, upon information and belief, as follows:
1. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was a foreign
limited liability corporation duly organized and existing under and by virtue of the laws of the
State of New Jersey.
2. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was the owner
of a motor vehicle bearing New Jersey license plate number V692774.
3. At alltimes mentioned herein, Defendant DANIEL B. KREMEN, was the operator
of the aforesaid motor vehicle.
4. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the
aforesaid motor vehicle with the knowledge and consent of itsowner.
5. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the
aforesaid motor vehicle in the course of his employment with Defendant GOLDEN HAWK LLC.
2
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6. At all times mentioned herein, Defendant DANIEL B. KREMEN operated the
aforesaid motor vehicle in the course of his employment with its owner.
7. At alltimes mentioned herein, Plaintiff was the operator of a motor vehicle.
8. On or about December 8, 2020, on Deer Park Road, approximately one half-mile
south of its intersection with Half Hollow Road, Town of Huntington, County of Suffolk, State of
New York the motor vehicle of Defendants came into contact with the motor vehicle of Plaintiff.
9. On or about December 8, 2020, the motor vehicle of Defendants and the motor
vehicle of the Plaintiff came into contact.
10. On or about December 8, 2020, the motor vehicle of Defendants came into contact
with another motor vehicle.
11. On or about December 8, 2020, Defendant DANIEL B. KREMEN, observed the
Plaintiff's motor vehicle prior to contact between the vehicles.
12. The aforesaid occurrence was due to negligence, carelessness and recklessness of
the Defendants in the ownership, operation, maintenance, management and/or control of their
motor vehicle and through no fault or lack of care on the part of the Plaintiff herein.
13. As a result of the aforesaid occurrence, Plaintiff sustained a serious personal injury
as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than a basic
economic loss as defined in Section 5102(a) of the Insurance Law.
14. Plaintiff was seriously injured.
15. This action falls within one or more of the exceptions set forth in CPLR §1602,
including, but not limited to, subsections (2), (6) and (7).
3
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MMEP M©·. m. 15 RESEIV Y§ BB @4/H / 2@29
16. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious
personal injuries, a severe shock to his nervous system and certain internal injuries, and has been
caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a
permanent and lasting nature. Plaintiff was incapacitated from his usual vocation and avocation
and caused to undergo medical care and attention.
17. By reason ofthe foregoing, Plaintiff has been damaged in an amount which exceeds
the jurisdictional limits of all lower courts.
WHEREFORE, Plaintiff demands judgment against the Defendants in an amount which
exceeds the monetary jurisdictional limits of alllower courts of the State of New York, together
with the costs and disbursements of this action.
Dated: June 11, 2021
Holtsville, New York
Yours, etc.
/GA AGLIARELLO
ROS BERG & GLUCK, L.LP.
Attorneys for Plaintiff
1176 Portion Road
Holtsville, New York 11742
(631) 451-7900
4
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NICHOLAS DASSLER,
Plaintiff,
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
SUMMONS & COMPLAINT
ROSENBERG & GLUCK, LLP
Attorneys for Plaintiff
1176 Portion Road
Holtsville,NY 1 1742
631-451-7900
LITIGATION PAPERSARE NOT TO BE SERVED BY FAX EXCEPT BY EXPRESSPRIOR WRITTEN PERMISSION
To:
Attorney(s) for
Service ofa copy of the within is herebyadmitted.
Dated:
.............................................................
Attorney(s) for
PLEASE TAKE NOTICE
NOTICE OF ENTRY
thatthe within isa (certified)truecopy ofan
entered in theoffice ofthe Clerk of thewithin named
Court on.
NOTICE OF
SETTLEMENT
thatan Order of which the withinis a true
copy will be
presented to theHon. , oneof the
judges of thewithin named Court,at,
on , 20 , at a.m./p.m.
ROSENBERG & GLUCK, LLP
AttorneysforPlaintiff
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900
12G ofof'20
R
FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/17/2023
EXHIBIT B
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_______________________________________________________________________Ç
NICHOLAS DASSLER,
VERIFIED ANSWER
Plaintiff,
Index No. 611178/2021
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
___________________________________________________________________Ç
Defendants Golden Hawk, LLC and Daniel B. Kremen, by Smith Mazure, P.C., upon
information and belief, answer the complaint of plaintiff as follows:
1. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs of the complaint herein designated as: 7, 8, 9, 10 and
11.
2. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraph of the complaint designated 15, and respectfully refers
all questions of law to this Honorable Court.
3. Deny each and every allegation contained in all paragraphs of the complaint
herein designated as: 12, 13, 14, 16 and 17.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
That the amount recoverable shall be diminished in the proportion which the culpable
conduct attributable to the plaintiff bears to the culpable conduct which caused the damages,
including, but not limited to, plaintiff s contributory negligence and/or assumption of the risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
There is no personal jurisdiction over the defendants as service of process has not been
personally made within the State ofNew York nor pursuant to statutory authority.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance
Law of the State of New York nor has the plaintiff sustained any economic loss as defined in
Sections 5102 and 5104 of the Insurance Law of the State of New York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That in the event plaintiff herein have made a claim for no-fault benefits and have
submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as
to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and
accordingly, any award made to and accepted by said plaintiff for injuries set forth in the
complaint must be reduced in such proportion to the extent that the injuries complained of were
caused, aggravated, or contributed to by plaintiff s failure to wear a seat belt and to have same
operational at the time of the occurrence.
WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff
together with the costs and disbursements ofthis action.
Dated: New York, New York
October 1, 2021
Yours, etc.,
SMITH MAZURE, P.C.
Attorneys for Defendants
Golden Hawk, LLC and Daniel B. Kremen
111 John Street, 20th Floor
New York, NY 10038
(516) 294-7325
NIC-00913
TO:
2
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Rosenberg & Gluck, L.L.P.
Attorney for Plaintiff
Nicholas Dassler
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900/(631) 451-7955 (F)
APE/mzr
20
3
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VERIFICATION
Ann P. Eccher, an attorney duly admitted to practice law in the State of New
York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR
2106:
I am a member of Smith Mazure, P.C., and I have read the contents of the
foregoing answer and it is true of my own knowledge, except as to the matters therein stated to
be alleged on information and belief and that as to those matters I believe them to be true.
(X ) I make this verification because Defendants Golden Hawk,
LLC and Daniel B. Kremen, reside outside of the county
where Smith Mazure, P.C. maintains itsoffice.
( ) I make this verification because Defendants Golden Hawk,
LLC and Daniel B. Kremen, is a corporation and Smith
Mazure, P.C., is its attorney in this action and my knowledge
is based upon all facts and corporation records available and in
my possession.
Dated: New York, New York
October 1, 2021
Ann P. Eccher
NIC-00913/20
17d ofnf-20
5
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NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NICHOLAS DASSLER, INDEX NO. 611178/2021
Plaintiff,
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
VERIFIED ANSWER
SMITH MAZURE, P.C.
Attomeysfor Defendants
Golden Hawk, LLC and Daniel B. Kremen
111 John Street, 20th Floor
New York, NY 10038
(516) 294-7325
NIC-00913
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
Ann P.Eccher hereby certifies
tothe bestof the undersigne
s knowledgeand information
and beliefand after
an inquiry
reasonableunder the circumstances,
that, pursuant to 22 N.Y.C.R.R.
§130-1.1a-b, contained in the annexed document
(1) the contentions are
as defined in section
not frivolous and (2) where the paper is an initiating pleading, (i) the matter was not obtained
130-1.1(c) of this Subpart,
throughillegal conduct,
or that if it was, the attorney
or otherpersons responsible for the illegal conduct
are not participating
in the matter
or
sharing in any fee earned there from, and (10the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]
Preview
FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____________________________________________________________________Ç NICHOLAS DASSLER, Plaintiff, AFFIDAVIT OF SERVICE -against- Index No.: 611178/2021 DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. ____________________________________________________________________Ç STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) Nicole Ivory, being duly sworn, deposes and says: That I am not a party to the within action, I am over 18 years of age and reside in Suffolk County, in the State ofNew York. That on January 27, 2023, I served a true copy of the Order to Show Cause and Supporting Documents entered on January 18, 2023 and returnable February 7, 2023, by depositing a true copy of same, in a sealed envelope, with first class mail postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: JACQUELINE C. HOSTY, ESQ. SMITH MAZURE, P.C. Attorneys for Defendants DANIEL B. KREMEN and GOLDEN HAWK LLC 2902 39 Broadway, Floor New York, NY 10006 Nicole Ivo Sworn to before me on this d day of January, 2023 7 DONNA M. MCCORMACK Notary Pubhc NOTARY PUBLIC STATE OF NEW YORK NO. 01MC6286963 UALIFIED IN SUFFOLK COUNTY COM ISSION EXPIRES AUGUST 05, 2 1 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 '" F11,ED: NYSCEF DOC.5UNO. YYU.td 60 COUNT I ClaElm. U l f 15 / Z U Z .5 1U : U1 AM| RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 01/18/2023 At a-------Jean, Part , of the Supreme Court of the State of New York held in and for the County of Suffolk, at the Courthouse located at Court S et, Riverhead, New York, on the day of , 2023. P R E S E N T HON. UNDA KEVINS HON. Justice of the Supreme Court SUPREME COURT OF THE STKfE OF NEW YORK COUNTY OF SUFFOLK ______.___..-____________________________________Ç NICHOLAS DASSLER, Plaintiff, ORDER TO SHOW CAUSE -against- Index No.:611178/2021 DANIEL B. KREMEN and OOLDEN HAWK LLC, Defendants. _____________...----...---....___________________Ç 3rd Upon the annexed affirmation of GARY A. PAGLIARELLO, ESQ., affirmed the day of January 2023, together with all pleadings and proceedings had herein and the exhibits annexed hereto; LET the Plaintiff,show cause at a Tam, Part , , thereof, to be held in and for / the of at the Courthouse located at 1 Court New on the y-- County Suffolk, Street, Riverhead, York, tay of , 2023 at 9:30 a.m. in the forenoon of that day, or as soon thereafter as counlel can be hear ; WHY an Order of the Court should not be made and entered herein relieving ROSENBERG & GLUCK, L.L.P. as counsel for the Plaintiff in the above captioned matter; WHY an Order of the Court should not be made staying this action for a period of sixty 2 1 of of 202 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 FILED NYSCEF : DOC. 3UeYULA NO. 60 COUNTI CLERA Ul ZUz.5 1U : U1 AM) RECEIVED '"- NYSCEF: ' °/-' 01/27/2023 f 16( NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 01/18/2023 Plaintiffs time to retain other counsel; WHY, the Court should not order that ROSENBERG & GLUCK, L.L.P. retains an attorney's lien pursuant to NY Judiciary Law Section(s) 475 and 475-a be recognized; WHY, the Court should not order that ROSENBERG & GLUCK, LL.P. retains a lien for the costof itsdisbursements in theamount of $1,275.22 in thismatter; and WHY, the Court should not order such other and further reliefas this Court deems just and proper, and itis; ORDERED, that pending the determination of the within motion allproceedings in this action are stayed. SUFFICIENT CAUSE APPEAMNG THEREFORE, let service of a copy of this Order together with a copy of the Affirmation and hibits upon which it is rant , on c Plaintiff,at his lastknown address . e, New-¥eel•4732 and upon SMITH MAZURE P.C., counsel for Defendants DANIEL B. KREMEN and GOLDEN HAWK LLC. by first class mail on or before 2023, be deemed good and sufficient service. ENTER: Submit only No appearance requ red GRANTED JAN 1 8 2023 HON HNDA KFVINS VINCENT POLEO of suffolk county clerk 2 3 of 20 FILED: SUFFOLK.. COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 ....- . ---........ -..- ...., . ... , .__- ..... -... .... NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________________________________________________Ç NICHOLAS DASSLER, Plaintiff, AFFIRMATION IN SUPPORT OF ORDER TO SHOW -against- CAUSE DANIEL B. KREMEN and GOLDEN HAWK LLC, Index No.:611178/2021 Defendants. _________________________________________Ç GARY A. PAGLIARELLO, an attorney licensed to practice law before the Courts in the State of New York, affirms the following under the penalty of perjury: 1. I am associated with the law firm of ROSENBERG & GLUCK, L.L.P., attorneys for the Plaintiff herein. I have reviewed the file maintained by this office and as such am fully familiar with the facts and circumstances surrounding this matter. 2. I make this affirmation in support of the within motion seeking an Order of the Court allowing ROSENBERG & GLUCK, L.L.P. to withdraw as the attorneys of record for the Plaintiff; to stay this action for sixty (60) days to enable the Plaintiff to retain new counsel; upon discharging of ROSENBERG & GLUCK, L.L.P. to Order that ROSENBERG & GLUCK, L.L.P. has an attorney's lien to the proceeds of this action, pursuant to NY Judiciary Law §475 and 475-a; to order that ROSENBERG & GLUCK, L.L.P. retains a lien for its costs and disbursements in the amount of $1,275.22 for this matter; and for such other and further relief as the Court deems just and proper. 3. This is an action wherein Plaintiff seeks to recover damages as the result of injuries he sustained due to the negligence of Defendants on December 8, 2020. Plaintiff commenced this action on June 11, 2021 by the filing of a Summons and Complaint. A copy of 4 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/17/2023 the Summons and Complaint is annexed hereto as EXHIBIT A. Defendants DANIEL B. Defendants' KREMEN and GOLDEN HAWK LLC answered on October 1, 2021. A copy of Answer is annexed hereto as EXHIBIT B. 4. There has been a breakdown in the attorney client relationship which prevents our firm from continuing to represent the Plaintiff in this matter. Plaintiff and counsel have come to an impasse with regard to the continuation of this litigation. It is your Affirmant's position that ethical considerations restrict your Affirmant from providing further details with respect to this impasse. However, should this Honorable Court require further explanation, your Affirmant requests the opportunity to submit a supplemental ex parte Affirmation to be reviewed in camera. 5. As a result of the foregoing, your Affirmant is compelled to request the assistance of this Honorable Court. 6. On January 3, 2023, your Affirmant emailed a letter to SMITH MAZURE, P.C., counsel for Defendants, and advised that the within Order to Show Cause would be presented to this Court via e-filing. A copy of the aforesaid notice is annexed hereto as EXHIBIT C. 7. Granting this motion will not prejudice Plaintiff. An action has been timely commenced and served. The Defendant has answered and appeared in this action, and the matter will be stayed for sixty (60) days to allow Plaintiff time to retain other counsel. 8. No previous application for the relief requested herein has been made. WHEREFORE, your Affirmant respectfully requests an Order relieving ROSENBERG & GLUCK, L.L.P. as counsel for Plaintiff in this action; staying this action for sixty (60) days to permit Plaintiff time to retain new counsel; finding that ROSENBERG & GLUCK L.L.P. 2 5 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 ..... . ....-- ---..... ... --...- ...., ...., ---- ..... -... .... NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/17/2023 has an attorney's lien for legal fees based upon a percentage of settlement or judgment any attached to the above referenced matter pursuant to NY Judiciary Law §475 and 475-a; finding that ROSENBERG & GLUCK, L.L.P. retains a lien in the amount of $1,275.22 for its costs and disbursements in this matter; and, for such other and further relief as this Court deems just and proper. DATED: Holtsville, New York January 3, 2023 /GA A. REL O, ESQ. 3 6 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/17/2023 EXHIBIT A 7 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF SUFFOLK --------------------------------------------------------X Filed: NICHOLAS DASSLER, SUMMONS Plaintiff, Plaintiff designates Suffolk County as the place of trial. -against- The basis of venue is DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendant's Residence: 45 Adams Road, Apt. ID Defendants. Central Islip,NY 11722 -----------------------------------------------------------X (Suffolk County) To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorneys within twenty (20) days after the service of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Holtsville, New York June 11, 2021 /GAB AGLIARELLO ROS BERG & GLUCK, LLP. Attorneys for Plaintiff 1176 Portion Road Holtsville, New York 11742 (631) 451-79Ö0 TO: DANIEL B. KREMEN 45 Adams Road, Apt. ID Central Islip,NY, 11722 GOLDEN HAWK, LLC 1170 Delsea Drive Westville, NJ 08093 8 1ofnf 20G FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____________________________________________Ç NICHOLAS DASSLER, Plaintiff, Index No.: COMPLAINT -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. _________________________________________Ç The Plaintiff, above named, complaining of the Defendants by his attomeys, ROSENBERG & GLUCK, L.L.P., respectfully alleges, upon information and belief, as follows: 1. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was a foreign limited liability corporation duly organized and existing under and by virtue of the laws of the State of New Jersey. 2. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was the owner of a motor vehicle bearing New Jersey license plate number V692774. 3. At alltimes mentioned herein, Defendant DANIEL B. KREMEN, was the operator of the aforesaid motor vehicle. 4. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the aforesaid motor vehicle with the knowledge and consent of itsowner. 5. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the aforesaid motor vehicle in the course of his employment with Defendant GOLDEN HAWK LLC. 2 9 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 6. At all times mentioned herein, Defendant DANIEL B. KREMEN operated the aforesaid motor vehicle in the course of his employment with its owner. 7. At alltimes mentioned herein, Plaintiff was the operator of a motor vehicle. 8. On or about December 8, 2020, on Deer Park Road, approximately one half-mile south of its intersection with Half Hollow Road, Town of Huntington, County of Suffolk, State of New York the motor vehicle of Defendants came into contact with the motor vehicle of Plaintiff. 9. On or about December 8, 2020, the motor vehicle of Defendants and the motor vehicle of the Plaintiff came into contact. 10. On or about December 8, 2020, the motor vehicle of Defendants came into contact with another motor vehicle. 11. On or about December 8, 2020, Defendant DANIEL B. KREMEN, observed the Plaintiff's motor vehicle prior to contact between the vehicles. 12. The aforesaid occurrence was due to negligence, carelessness and recklessness of the Defendants in the ownership, operation, maintenance, management and/or control of their motor vehicle and through no fault or lack of care on the part of the Plaintiff herein. 13. As a result of the aforesaid occurrence, Plaintiff sustained a serious personal injury as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than a basic economic loss as defined in Section 5102(a) of the Insurance Law. 14. Plaintiff was seriously injured. 15. This action falls within one or more of the exceptions set forth in CPLR §1602, including, but not limited to, subsections (2), (6) and (7). 3 10 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 MMEP M©·. m. 15 RESEIV Y§ BB @4/H / 2@29 16. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious personal injuries, a severe shock to his nervous system and certain internal injuries, and has been caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a permanent and lasting nature. Plaintiff was incapacitated from his usual vocation and avocation and caused to undergo medical care and attention. 17. By reason ofthe foregoing, Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount which exceeds the monetary jurisdictional limits of alllower courts of the State of New York, together with the costs and disbursements of this action. Dated: June 11, 2021 Holtsville, New York Yours, etc. /GA AGLIARELLO ROS BERG & GLUCK, L.LP. Attorneys for Plaintiff 1176 Portion Road Holtsville, New York 11742 (631) 451-7900 4 11 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NICHOLAS DASSLER, Plaintiff, -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. SUMMONS & COMPLAINT ROSENBERG & GLUCK, LLP Attorneys for Plaintiff 1176 Portion Road Holtsville,NY 1 1742 631-451-7900 LITIGATION PAPERSARE NOT TO BE SERVED BY FAX EXCEPT BY EXPRESSPRIOR WRITTEN PERMISSION To: Attorney(s) for Service ofa copy of the within is herebyadmitted. Dated: ............................................................. Attorney(s) for PLEASE TAKE NOTICE NOTICE OF ENTRY thatthe within isa (certified)truecopy ofan entered in theoffice ofthe Clerk of thewithin named Court on. NOTICE OF SETTLEMENT thatan Order of which the withinis a true copy will be presented to theHon. , oneof the judges of thewithin named Court,at, on , 20 , at a.m./p.m. ROSENBERG & GLUCK, LLP AttorneysforPlaintiff 1176 Portion Road Holtsville, NY 11742 (631) 451-7900 12G ofof'20 R FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/17/2023 EXHIBIT B 13 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _______________________________________________________________________Ç NICHOLAS DASSLER, VERIFIED ANSWER Plaintiff, Index No. 611178/2021 -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. ___________________________________________________________________Ç Defendants Golden Hawk, LLC and Daniel B. Kremen, by Smith Mazure, P.C., upon information and belief, answer the complaint of plaintiff as follows: 1. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint herein designated as: 7, 8, 9, 10 and 11. 2. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint designated 15, and respectfully refers all questions of law to this Honorable Court. 3. Deny each and every allegation contained in all paragraphs of the complaint herein designated as: 12, 13, 14, 16 and 17. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, plaintiff s contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: There is no personal jurisdiction over the defendants as service of process has not been personally made within the State ofNew York nor pursuant to statutory authority. 141 of f' 20 n & FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 AS AND FOR A THIRD AFFIRMATIVE DEFENSE: The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance Law of the State of New York nor has the plaintiff sustained any economic loss as defined in Sections 5102 and 5104 of the Insurance Law of the State of New York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That in the event plaintiff herein have made a claim for no-fault benefits and have submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and accordingly, any award made to and accepted by said plaintiff for injuries set forth in the complaint must be reduced in such proportion to the extent that the injuries complained of were caused, aggravated, or contributed to by plaintiff s failure to wear a seat belt and to have same operational at the time of the occurrence. WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff together with the costs and disbursements ofthis action. Dated: New York, New York October 1, 2021 Yours, etc., SMITH MAZURE, P.C. Attorneys for Defendants Golden Hawk, LLC and Daniel B. Kremen 111 John Street, 20th Floor New York, NY 10038 (516) 294-7325 NIC-00913 TO: 2 15 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 Rosenberg & Gluck, L.L.P. Attorney for Plaintiff Nicholas Dassler 1176 Portion Road Holtsville, NY 11742 (631) 451-7900/(631) 451-7955 (F) APE/mzr 20 3 16 of 20 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 VERIFICATION Ann P. Eccher, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a member of Smith Mazure, P.C., and I have read the contents of the foregoing answer and it is true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. (X ) I make this verification because Defendants Golden Hawk, LLC and Daniel B. Kremen, reside outside of the county where Smith Mazure, P.C. maintains itsoffice. ( ) I make this verification because Defendants Golden Hawk, LLC and Daniel B. Kremen, is a corporation and Smith Mazure, P.C., is its attorney in this action and my knowledge is based upon all facts and corporation records available and in my possession. Dated: New York, New York October 1, 2021 Ann P. Eccher NIC-00913/20 17d ofnf-20 5 FILED: SUFFOLK COUNTY CLERK 01/27/2023 05:40 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NICHOLAS DASSLER, INDEX NO. 611178/2021 Plaintiff, -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. VERIFIED ANSWER SMITH MAZURE, P.C. Attomeysfor Defendants Golden Hawk, LLC and Daniel B. Kremen 111 John Street, 20th Floor New York, NY 10038 (516) 294-7325 NIC-00913 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a Ann P.Eccher hereby certifies tothe bestof the undersigne s knowledgeand information and beliefand after an inquiry reasonableunder the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, contained in the annexed document (1) the contentions are as defined in section not frivolous and (2) where the paper is an initiating pleading, (i) the matter was not obtained 130-1.1(c) of this Subpart, throughillegal conduct, or that if it was, the attorney or otherpersons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned there from, and (10the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]