Preview
FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------- ----------X
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017
Plaintiff,
-against- AFFIRMATION OF
GOOD FAITH
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION AND
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Defendants.
--------------------------------------------------X
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC., Third-Party Index
No.: 596024/2017
Third-Party Plaintiff,
-against-
CAC INDUSTRIES, INC.,
Third-Party Defendant.
-------------------------------- --------------------------X
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC., Second-Third Party
Index No.:
Second-Third-Party Plaintiff,
-against-
CARLO LIZZA & SONS PAVINGS, INC.
Second-Third-Party Defendant.
-------------------------------------------------------------------X
WER·ARNOLD-WINSTON
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FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019
Charles Martin Arnold, an attorney duly admitted to practice law before the
Courts of this State, does hereby affirm the truth of the following statements, upon
information and belief, under penalty of perjury and pursuant to CPLR §2106:
1. I am associated with the law firm of LERNER, ARNOLD & WINSTON,
LLP, attorneys for the Plaintiffs in the above-captioned matter. As such, I am fully
familiar with all the facts and circumstances relevant to this instant application.
2. I submit this affirmation in support of plaintiff's motion for an Order,
pursuant to CPLR § 3126 or 3124 striking the defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC., or in the alternative compelling defendant
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., to produce a Project
Manager or Chief Construction Inspector for a deposition on a date certain.
3. Said defendant is in violation of a Court Stipulation to appear for an
examination before trial and has failed to produce their Project Manager or Chief
Construction Inspector which was to be done on or before September 20, 2019.
4. On September 19, 2019, your affirmant transmitted a good-faith email
advising defendant that failure to produce said Project Manager or Chief Construction
Inspector for an examination before trial would result in motion to the Court. (Copy of
electronic correspondence annexed to Affirmation in Support as EXHIBIT "2").
5. Notwithstanding your affirmant's good faith efforts, Defendant
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., has failed to produce a
Project Manager or Chief Construction Inspector for an examination before trial.
6. Without Court intervention, itappears the Defendant will continue to fail
to complete the foregoing discovery.
NER•ARNOLD-WINSTON
2
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FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019
WHEREFORE, itis respectfully requested that Plaintiff's motion be granted in all
respects.
Dated: New York, New York
September 26, 2019
Charles Martin Arnold
ER.ARNOLD•WINSTON
3
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FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK ) SS:
Leslie Sanchez, being duly sworn, deposes and says: deponent is not a party to this
action, is over 18 years of age and resides in Bronx County, New York.
On September 26, 2019, deponent served the within NOTICE OF MOTION TO
STRIKE OR COMPEL, AFFIRMATION IN SUPPORT and AFFIRMATION OF
GOOD FAITH on the following party in this action at the address designated by said
party for that purpose by depositing a true copy of same enclosed in a post-paid properly
addressed wrapper in an official depository under the exclusive care and custody of the
United States Postal Service within the State of New York.
TO: ZACHARY W. CARTER - Corporation Counsel
Attorneys for Defendant, City of New York and New York
City Department of Transportation
100 Church Street
New York, New York 10007
(212) 356-3235
DOUGLAS J.MCKAY
Attorneys for Defendant, Consolidated Edison Company
of New York, Inc.
4 Irving Place, Room 1800
New York, New York 10003
(212) 460-3355
Leslie Sanchez
Sworn to before me this
26d'
day of September, 2019
NOTARY PUBLIC
MARIE MALETTA
LAURA York
RNER-ARNOLD-WINSTON Stateof New
Notary Public,
02MA6268545
No.
Qualifiedin NassauCounty
Expires September 10,
Commission
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FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017
Plaintiffs,
-against-
CITY OF NEW YORK, NEW YORK CITY DEPARTMENT
OF TRANSPORTATION and CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC.,
Defendants.
--------------------------------------------------------------------------X
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC., Third-Party Index No.: 596024/2017
Third-Party Plaintiff,
-against-
CAC INDUSTRIES, INC.,
Third-Party Defendant.
--------------------- -------- ----------- X
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.,
Second-Party Plaintiff,
-against-
CARLO LIZZA & SONS PAVINGS, INC.,
Second-Party Defendant.
NOTICE OF MOTION TO STRIKE OR COMPEL, AFFIRMATION IN SUPPORT and
AFFIRMATION OF GOOD FAITH
Pursuant to 22 NYCRR 130-1.1,the undersigned,
an attorneyduly adm!!!cd law
to practice in the State
of New York,certifies
that,upon informationand beliefbased upon rcasoñübleinquiry,the center!!er:
con:Linedin the nexed-do imentare not
frivolous.
Dated: Septed: 26.20 / 9 Signature:
PrintSigner'sName: James M. O'Connor
Service of a copy of the within ishereby admittsi
Dated: 5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------- ----------X JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017 Plaintiff, -against- AFFIRMATION OF GOOD FAITH THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendants. --------------------------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Index No.: 596024/2017 Third-Party Plaintiff, -against- CAC INDUSTRIES, INC., Third-Party Defendant. -------------------------------- --------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second-Third Party Index No.: Second-Third-Party Plaintiff, -against- CARLO LIZZA & SONS PAVINGS, INC. Second-Third-Party Defendant. -------------------------------------------------------------------X WER·ARNOLD-WINSTON 1 of 5 FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019 Charles Martin Arnold, an attorney duly admitted to practice law before the Courts of this State, does hereby affirm the truth of the following statements, upon information and belief, under penalty of perjury and pursuant to CPLR §2106: 1. I am associated with the law firm of LERNER, ARNOLD & WINSTON, LLP, attorneys for the Plaintiffs in the above-captioned matter. As such, I am fully familiar with all the facts and circumstances relevant to this instant application. 2. I submit this affirmation in support of plaintiff's motion for an Order, pursuant to CPLR § 3126 or 3124 striking the defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., or in the alternative compelling defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., to produce a Project Manager or Chief Construction Inspector for a deposition on a date certain. 3. Said defendant is in violation of a Court Stipulation to appear for an examination before trial and has failed to produce their Project Manager or Chief Construction Inspector which was to be done on or before September 20, 2019. 4. On September 19, 2019, your affirmant transmitted a good-faith email advising defendant that failure to produce said Project Manager or Chief Construction Inspector for an examination before trial would result in motion to the Court. (Copy of electronic correspondence annexed to Affirmation in Support as EXHIBIT "2"). 5. Notwithstanding your affirmant's good faith efforts, Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., has failed to produce a Project Manager or Chief Construction Inspector for an examination before trial. 6. Without Court intervention, itappears the Defendant will continue to fail to complete the foregoing discovery. NER•ARNOLD-WINSTON 2 2 of 5 FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019 WHEREFORE, itis respectfully requested that Plaintiff's motion be granted in all respects. Dated: New York, New York September 26, 2019 Charles Martin Arnold ER.ARNOLD•WINSTON 3 3 of 5 FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: Leslie Sanchez, being duly sworn, deposes and says: deponent is not a party to this action, is over 18 years of age and resides in Bronx County, New York. On September 26, 2019, deponent served the within NOTICE OF MOTION TO STRIKE OR COMPEL, AFFIRMATION IN SUPPORT and AFFIRMATION OF GOOD FAITH on the following party in this action at the address designated by said party for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. TO: ZACHARY W. CARTER - Corporation Counsel Attorneys for Defendant, City of New York and New York City Department of Transportation 100 Church Street New York, New York 10007 (212) 356-3235 DOUGLAS J.MCKAY Attorneys for Defendant, Consolidated Edison Company of New York, Inc. 4 Irving Place, Room 1800 New York, New York 10003 (212) 460-3355 Leslie Sanchez Sworn to before me this 26d' day of September, 2019 NOTARY PUBLIC MARIE MALETTA LAURA York RNER-ARNOLD-WINSTON Stateof New Notary Public, 02MA6268545 No. Qualifiedin NassauCounty Expires September 10, Commission 4 of 5 FILED: NEW YORK COUNTY CLERK 09/26/2019 04:11 PM INDEX NO. 150253/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 09/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JEFFREY GOLDSTEIN and KELLIE GOLDSTEIN, Index No.: 150253/2017 Plaintiffs, -against- CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendants. --------------------------------------------------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Index No.: 596024/2017 Third-Party Plaintiff, -against- CAC INDUSTRIES, INC., Third-Party Defendant. --------------------- -------- ----------- X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second-Party Plaintiff, -against- CARLO LIZZA & SONS PAVINGS, INC., Second-Party Defendant. NOTICE OF MOTION TO STRIKE OR COMPEL, AFFIRMATION IN SUPPORT and AFFIRMATION OF GOOD FAITH Pursuant to 22 NYCRR 130-1.1,the undersigned, an attorneyduly adm!!!cd law to practice in the State of New York,certifies that,upon informationand beliefbased upon rcasoñübleinquiry,the center!!er: con:Linedin the nexed-do imentare not frivolous. Dated: Septed: 26.20 / 9 Signature: PrintSigner'sName: James M. O'Connor Service of a copy of the within ishereby admittsi Dated: 5 of 5