Preview
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------X Index No.: 504273/17
ROBERT ZABORSKI,
NOTICE OF MOTION
Plaintiff,
-against-
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
--------------------- ---------X
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.
Defendants.
--- --------- ---------------------X
COUNSELORS:
PLEASE TAKE NOTICE, upon the affirmation of BRIAN J. VANNELLA, ESQ., dated
November 19, 2019, the exhibits annexed hereto and upon the pleadings and proceedings
heretofore had herein, the undersigned will move before an IAS judge of the Supreme Court of the
State of New York, County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn,
New York on Dœember 11, 2019 at 9:30 in the forenoon, or as soon thereafter as counsel may be
heard, for an Order extending plaintifPs time to file the Note of Issue and for such other and further
relief as the court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b) all answering
affidavits and other papers used in opposition thereto are required to be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
THE PLATTA LAW FIRM, PLLC • 42 EROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-$14-$100,FAX: 212-514-9300
1 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
Dated: New York, New York
November 19, 2019
THE PLATTA LAW FIRM, PLLC
Attorneys for Plaintry
BRIA J. VANNELLA, ESQ.
42 Broadway, Suite 1927
New York, New York 10004
(212) 514-5100
TO:
TRAUB LIEBERMAN STRAUSS & SHREWSBERRY LLP
Attomeys for Defendant
CORNERSTONE BUILDERS NY LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
PILLINGER MILLER TARALLO
Attorneys for Third-Party Defendant
NEW YORK BUILDER OF STAIRS, INC.
555 Taxter Road - 5''' Floor
Elmsford, New York 10523
MB LORIMER LLC
(Out on default judgment)
TilE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PitONE: 212-514-$100,FAX: 212-514-9300
2 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------- -------------------- -----------------X Index No.: 504273/17
ROBERT ZABORSKI,
AFFIRMATION
Plaintiff,
-against-
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
___ ____-_________..--------------X
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.
Defendants.
__..____________¬_..---- ____...-----X
BRIAN J. VANNELLA, ESQ. an attorney duly admitted to practice in the Courts of the State
of New York, hereby affirms the following to be true under the penalties of perjury:
1. I am associated with THE PLATTA LAW FIRM, PLLC, the attomeys for the plaintiff
herein, and as such am fully familiar with the facts and circumstances this action.
surrounding
2. This affirmation is submitted in support of the plaintiff's motion for an Order
extending plaintiff's time to file the Note of Issue and for such other and further relief as the court
deems just and proper.
3. This is an action to recover money damages for severe and permanent personal
injuries sustained by the plaintiff; ROBERT ZABORSKI.
4. Pursuant to the October 2, 2019 Final Pre-Note Order plaintiff'sNote of Issue is to be
filed by November 18, 2019. Annexed hereto as Exhibit A is a copy of said order.
THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-514-5100,FAX: 212-514-9300
3 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
5. The listed in the Final Pre-Note Order and post-deposition discovery
discovery
remains outstanding.
6. On November 18, 2019, plaintiff filed his Note of Issue in accordance with the
October 2, 2019 Order of the Court. Plaintiff included an affirmation with his Note of Issue, noting
that this discovery remain outstanding.
7. On November 19, 2019, the Clerk's Office returned the plaintiff's Note of Issue
required"
and noted that "an order for further diselesure, and to extend time to file is necessitating
the instant motion. A copy of the notice of returned Note of Issue is annexed hereto as Exhibit B.
8. Inasmuch as said discovery is still outstanding, plaintiff respectfully requests that
his time to file a Note of Issue be extended.
WHEREFORE it is most respectfully requested that the plaintiff's motion be granted in its
entirety and for such other and further relief as this court deems just and proper.
Dated: New York, New York
November 19, 2019
BRI . VANNELLA, ESQ.
THE PLATTA LAW FIRM,PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-514-51DD.FAX: 212-514-9300
4 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------X Index No.: 504273/17
ROBERT ZABORSKI,
GOOD FAITH AFFIRMATION
Plaintiff,
-against-
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
__________ _________._____.-------------------X
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.
Defendants.
--- ----------------------------------X
BRIAN J. VANNELLA, ESQ. an attorney duly admitted to practice in the Courts of the
State of New York, amrms the following to be true under penalties of perjury:
1. I am associated with THE PLATTA LAW FIRM, PLLC, the attorneys for the
plaintiff herein, and as such am fully familiar with the facts and circumstances this
surrounding
action.
2. That our office has attempted to resolve the discovery issues in this matter and has
been unable to reach such an agreament, necessitting the instant motion.
Dated: New York, New York
November 19, 2019
BRIAff VANNELLA, ESQ.
THE PLATTA LAW FIRM, PLLC•42 BROADWAY,SUITE 1927•NEW YORK, NY 10004• PHONE: 212-514-$100,FAX: 212-514-9300
5 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) s.s.:
COUNTY OF NEW YORK )
KINGA SWITAJSKI, being duly sworn, deposes and says:
That affiant is not a party to this action and is over the age of 18 years and resides in Kings
County, New York.
That on November 19, 2019 affiant served the within NOTICE OF MOTION /
AFFIRMATION upon the defendant(s) and/or attorney(s) for defendant(s) by depositing a true
copy of same securely enclosed in a postpaid wrapper in a post office, official depository under
the exclusive care and custody of the United States Postal Service within the State of New York,
directed to said individuals or offices as follows:
TRAUB LIEBERMAN STRAUSS & SHREWSBERRY LLP
Attorneys for Defendant
CORNERSTONE BUILDERS NY LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
PILLINGER MILLER TARALLO
Attorneys for Third-Party Defendant
NEW YORK BUILDER OF STAIRS, INC.
555 Taxter Road - 56 Floor
Elmsford, New York 10523
MB LORIMER LLC
(Out on default judgment)
that being the respective addresses within the State designated by them for that purpose upon the
preceding papers in this action, or the respective places where they kept an office, between
which places there then was and now is a regular communication mail.
by
K GA WITAJSK
Sworn to before me this
November 19, 2019
..- - - - - - - - -
BRIANJ VANNELLA
Notary Public - State of New York
NOTA Y PUBLIC NO. 02VA6315180
Qualified in Queens County
My C=mission Expires Nov 24, 2022
- - - - - - - - - - - -
THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SU1TE 1927• NEW YORK, NY 10004• PHONE: 212-514-5100,FAX: 212-514-9300
6 of 7
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------- -----X Index No.: 504273/17
ROBERT ZABORSKI,
Plaintiff,
-against-
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
-------------------------- -- --------X
And Third Party Action.
r-------------------------------X
NOTICE OF MOTION / AFFIRMATION
THE PLATTA LAW FIRM, PLLC
Attorneys for: Plaintiff
42 Broadway, Suite 1927
New York, New York 10004
(212) 514-5100
The undersigned attorney hereby certifies, pursuant to 22 NYCRR 130-1.1-a that he/she has read
the within papers and that same are not frive us as that term is defined in 22 NYCRR 130-
1.1(c).
Service of a copy of the within is hereby
admitted.
Dated,
LEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of an Order duly entered in the office of the clerk
of the within named court on 20 .
O NOTICE OF SETTLEMENT
that an Order of which the within is a true copy will be presented for senlement to the
Honorable Justice one of the judges of the within named
Court, on 20 at O'clock .M.
Dated: November 19, 2019
Yours, etc.
THE PLATTA LAW FIRM, PLLC
THE PLATTA LAW FIRM, PLLC• 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-5145100, FAX: 212-5149300
7 of 7
Preview
FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------X Index No.: 504273/17 ROBERT ZABORSKI, NOTICE OF MOTION Plaintiff, -against- MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. --------------------- ---------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC. Defendants. --- --------- ---------------------X COUNSELORS: PLEASE TAKE NOTICE, upon the affirmation of BRIAN J. VANNELLA, ESQ., dated November 19, 2019, the exhibits annexed hereto and upon the pleadings and proceedings heretofore had herein, the undersigned will move before an IAS judge of the Supreme Court of the State of New York, County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn, New York on Dœember 11, 2019 at 9:30 in the forenoon, or as soon thereafter as counsel may be heard, for an Order extending plaintifPs time to file the Note of Issue and for such other and further relief as the court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b) all answering affidavits and other papers used in opposition thereto are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion. THE PLATTA LAW FIRM, PLLC • 42 EROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-$14-$100,FAX: 212-514-9300 1 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 Dated: New York, New York November 19, 2019 THE PLATTA LAW FIRM, PLLC Attorneys for Plaintry BRIA J. VANNELLA, ESQ. 42 Broadway, Suite 1927 New York, New York 10004 (212) 514-5100 TO: TRAUB LIEBERMAN STRAUSS & SHREWSBERRY LLP Attomeys for Defendant CORNERSTONE BUILDERS NY LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 PILLINGER MILLER TARALLO Attorneys for Third-Party Defendant NEW YORK BUILDER OF STAIRS, INC. 555 Taxter Road - 5''' Floor Elmsford, New York 10523 MB LORIMER LLC (Out on default judgment) TilE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PitONE: 212-514-$100,FAX: 212-514-9300 2 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------- -------------------- -----------------X Index No.: 504273/17 ROBERT ZABORSKI, AFFIRMATION Plaintiff, -against- MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. ___ ____-_________..--------------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC. Defendants. __..____________¬_..---- ____...-----X BRIAN J. VANNELLA, ESQ. an attorney duly admitted to practice in the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am associated with THE PLATTA LAW FIRM, PLLC, the attomeys for the plaintiff herein, and as such am fully familiar with the facts and circumstances this action. surrounding 2. This affirmation is submitted in support of the plaintiff's motion for an Order extending plaintiff's time to file the Note of Issue and for such other and further relief as the court deems just and proper. 3. This is an action to recover money damages for severe and permanent personal injuries sustained by the plaintiff; ROBERT ZABORSKI. 4. Pursuant to the October 2, 2019 Final Pre-Note Order plaintiff'sNote of Issue is to be filed by November 18, 2019. Annexed hereto as Exhibit A is a copy of said order. THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-514-5100,FAX: 212-514-9300 3 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 5. The listed in the Final Pre-Note Order and post-deposition discovery discovery remains outstanding. 6. On November 18, 2019, plaintiff filed his Note of Issue in accordance with the October 2, 2019 Order of the Court. Plaintiff included an affirmation with his Note of Issue, noting that this discovery remain outstanding. 7. On November 19, 2019, the Clerk's Office returned the plaintiff's Note of Issue required" and noted that "an order for further diselesure, and to extend time to file is necessitating the instant motion. A copy of the notice of returned Note of Issue is annexed hereto as Exhibit B. 8. Inasmuch as said discovery is still outstanding, plaintiff respectfully requests that his time to file a Note of Issue be extended. WHEREFORE it is most respectfully requested that the plaintiff's motion be granted in its entirety and for such other and further relief as this court deems just and proper. Dated: New York, New York November 19, 2019 BRI . VANNELLA, ESQ. THE PLATTA LAW FIRM,PLLC • 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-514-51DD.FAX: 212-514-9300 4 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------X Index No.: 504273/17 ROBERT ZABORSKI, GOOD FAITH AFFIRMATION Plaintiff, -against- MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. __________ _________._____.-------------------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC. Defendants. --- ----------------------------------X BRIAN J. VANNELLA, ESQ. an attorney duly admitted to practice in the Courts of the State of New York, amrms the following to be true under penalties of perjury: 1. I am associated with THE PLATTA LAW FIRM, PLLC, the attorneys for the plaintiff herein, and as such am fully familiar with the facts and circumstances this surrounding action. 2. That our office has attempted to resolve the discovery issues in this matter and has been unable to reach such an agreament, necessitting the instant motion. Dated: New York, New York November 19, 2019 BRIAff VANNELLA, ESQ. THE PLATTA LAW FIRM, PLLC•42 BROADWAY,SUITE 1927•NEW YORK, NY 10004• PHONE: 212-514-$100,FAX: 212-514-9300 5 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) s.s.: COUNTY OF NEW YORK ) KINGA SWITAJSKI, being duly sworn, deposes and says: That affiant is not a party to this action and is over the age of 18 years and resides in Kings County, New York. That on November 19, 2019 affiant served the within NOTICE OF MOTION / AFFIRMATION upon the defendant(s) and/or attorney(s) for defendant(s) by depositing a true copy of same securely enclosed in a postpaid wrapper in a post office, official depository under the exclusive care and custody of the United States Postal Service within the State of New York, directed to said individuals or offices as follows: TRAUB LIEBERMAN STRAUSS & SHREWSBERRY LLP Attorneys for Defendant CORNERSTONE BUILDERS NY LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 PILLINGER MILLER TARALLO Attorneys for Third-Party Defendant NEW YORK BUILDER OF STAIRS, INC. 555 Taxter Road - 56 Floor Elmsford, New York 10523 MB LORIMER LLC (Out on default judgment) that being the respective addresses within the State designated by them for that purpose upon the preceding papers in this action, or the respective places where they kept an office, between which places there then was and now is a regular communication mail. by K GA WITAJSK Sworn to before me this November 19, 2019 ..- - - - - - - - - BRIANJ VANNELLA Notary Public - State of New York NOTA Y PUBLIC NO. 02VA6315180 Qualified in Queens County My C=mission Expires Nov 24, 2022 - - - - - - - - - - - - THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SU1TE 1927• NEW YORK, NY 10004• PHONE: 212-514-5100,FAX: 212-514-9300 6 of 7 FILED: KINGS COUNTY CLERK 11/19/2019 06:45 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------- -----X Index No.: 504273/17 ROBERT ZABORSKI, Plaintiff, -against- MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. -------------------------- -- --------X And Third Party Action. r-------------------------------X NOTICE OF MOTION / AFFIRMATION THE PLATTA LAW FIRM, PLLC Attorneys for: Plaintiff 42 Broadway, Suite 1927 New York, New York 10004 (212) 514-5100 The undersigned attorney hereby certifies, pursuant to 22 NYCRR 130-1.1-a that he/she has read the within papers and that same are not frive us as that term is defined in 22 NYCRR 130- 1.1(c). Service of a copy of the within is hereby admitted. Dated, LEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on 20 . O NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for senlement to the Honorable Justice one of the judges of the within named Court, on 20 at O'clock .M. Dated: November 19, 2019 Yours, etc. THE PLATTA LAW FIRM, PLLC THE PLATTA LAW FIRM, PLLC• 42 BROADWAY, SUITE 1927• NEW YORK, NY 10004• PHONE: 212-5145100, FAX: 212-5149300 7 of 7