Preview
FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______________________________________________________---------------X
GLORIA KIRKLAND, Index No.: 152189/2018
Plaintiff,
-against-
CITY OF NEW YORK, NEW YORK CITY TRANSIT NOTICE OF ENTRY
AUTHORITY, NEW YORK CITY DEPARTMENT OF
SANITATION, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, NEW YORK CITY
DEPARTMENT OF DESIGN AND CONSTRUCTION,
METROPOLITAN TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY
CAPITAL CONSTRUCTION COMPANY, MTA
BRIDGES AND TUNNELS
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that the attached is a true copy of an ORDER in this matter
that was entered in the office of the Clerk of the Supreme Court, New York County on day
of December, 2018
Dated: December 18, 2018
Respectfully submitted,
ROACH BERNARD, PLLC
By: Seidia R. Bernard, Partner
ROACH BERNARD, PLLC
175 North Central Avenue, Suite 200
Valley Stream, NY 11580
Tel: (516) 568-7700
Fax: (516) 568-7699
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FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018
To: SALENGER, SACK, KIMMEL & BAVARO, LLP
Attorneys for Plaintiff
GLORIA KIRKLAND
180 Froehlich Fann Boulevard
Woodbury, New York 11797
Tel : (516) 677-0100
LAWRENCE HEISLER
Attorneys for De fendants
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY, and METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL
CONSTRUCTION COMPANY
Attn.: Matthew Finkel, Esq.
130 Livingston Street-1lth Floor
Brooklyn, NY 11201
(718) 694-3878
CORPORATION COUNSEL
Attorneys for De fendants
CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION,
NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY
DEPARTMENT OF DESIGN AND CONSTRUCTION
100 Church Street, 5th Floor
New York, NY 10007
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FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 23 NYSCEF: 12/04/2018
RECEIVED NYSCEF:
RECEIVED 12/28/2018
NYSCEF DOC. NO. 22
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LISA ANN SOKOLOFF PART IAS MOTION 21EFM
Justice
----._-----------------------------------------------X NO. 152189/2018
INDEX
GLORIA KIRKLAND,
MOTION DATE 04/18/2018
Plaintiff,
MOTION SEQ. NO. 001
- V -
CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY,
NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK
CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY
DEPARTMENT OF DESIGN AND CONSTRUCTION,
METROPOLITAN TRANSPORTATION DECISION AND ORDER
AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL
CONSTRUCTION COMPANY, MTA BRIDGES AND TUNNELS
Defendant.
------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 13, 15,
16, 17, 18, 19, 20
were read on this motion to/for DISMISS
Upon the foregoing documents including the annexed stipulation of discontinuance of the
parties, it is
ORDERED that the motion of defendant Triborough Bridge and Tunnel Authority s/h/a
MTA Bridges and Tunnels to dismiss the complaint herein is granted and the complaint is
dismissed in its entirety as against said defendant, without any costs and disbursements to said
defendant, and the Clerk is directed to enter judgment accordingly in favor of said defendant; and
it is further
ORDERED that the action is severed and continued against the remaining defendants; and
it is further
ORDERED that the caption be amended to reflect the dismissal and that all future papers
filed with the court bear the amended caption; and it is further
152189/2018 KIRKLAND, GLORIA vs. CITY OF NEW YORK Page 1 of 2
Motion No. 001
3 of 4
FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018
..--- ----- --w•'* NYSCEF: 12/04/2018
. __,,_,,- . RECEIVED
NYSCEF DOC. NO. 22
ORDERED that counsel for the moving party shall serve a copy of this order with notice
of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General
Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect
the change in the caption herein; and it is further
ORDERED that such service upon the Clerk of the Court and the Clerk of the General
Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on
Courthouse and Clerk Procedures for Filed Cases (accessible at the "E-
County Electronically
Filing"
page on the court's website at the address www.nycourts.gov/supctmanh)].
11/28/2018
DATE L A A SO EdFF, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FI DISPOS ON
GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
152189/2018 KlRKLAND, GLORIA vs. CITY OF NEW YORK Page 2 of 2
Motion No. 001
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______________________________________________________---------------X GLORIA KIRKLAND, Index No.: 152189/2018 Plaintiff, -against- CITY OF NEW YORK, NEW YORK CITY TRANSIT NOTICE OF ENTRY AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY, MTA BRIDGES AND TUNNELS Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that the attached is a true copy of an ORDER in this matter that was entered in the office of the Clerk of the Supreme Court, New York County on day of December, 2018 Dated: December 18, 2018 Respectfully submitted, ROACH BERNARD, PLLC By: Seidia R. Bernard, Partner ROACH BERNARD, PLLC 175 North Central Avenue, Suite 200 Valley Stream, NY 11580 Tel: (516) 568-7700 Fax: (516) 568-7699 1 of 4 FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018 To: SALENGER, SACK, KIMMEL & BAVARO, LLP Attorneys for Plaintiff GLORIA KIRKLAND 180 Froehlich Fann Boulevard Woodbury, New York 11797 Tel : (516) 677-0100 LAWRENCE HEISLER Attorneys for De fendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY Attn.: Matthew Finkel, Esq. 130 Livingston Street-1lth Floor Brooklyn, NY 11201 (718) 694-3878 CORPORATION COUNSEL Attorneys for De fendants CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION 100 Church Street, 5th Floor New York, NY 10007 2 of 4 FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 23 NYSCEF: 12/04/2018 RECEIVED NYSCEF: RECEIVED 12/28/2018 NYSCEF DOC. NO. 22 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LISA ANN SOKOLOFF PART IAS MOTION 21EFM Justice ----._-----------------------------------------------X NO. 152189/2018 INDEX GLORIA KIRKLAND, MOTION DATE 04/18/2018 Plaintiff, MOTION SEQ. NO. 001 - V - CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION DECISION AND ORDER AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY, MTA BRIDGES AND TUNNELS Defendant. ------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 13, 15, 16, 17, 18, 19, 20 were read on this motion to/for DISMISS Upon the foregoing documents including the annexed stipulation of discontinuance of the parties, it is ORDERED that the motion of defendant Triborough Bridge and Tunnel Authority s/h/a MTA Bridges and Tunnels to dismiss the complaint herein is granted and the complaint is dismissed in its entirety as against said defendant, without any costs and disbursements to said defendant, and the Clerk is directed to enter judgment accordingly in favor of said defendant; and it is further ORDERED that the action is severed and continued against the remaining defendants; and it is further ORDERED that the caption be amended to reflect the dismissal and that all future papers filed with the court bear the amended caption; and it is further 152189/2018 KIRKLAND, GLORIA vs. CITY OF NEW YORK Page 1 of 2 Motion No. 001 3 of 4 FILED: NEW YORK COUNTY CLERK 12/28/2018 03:28 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/28/2018 ..--- ----- --w•'* NYSCEF: 12/04/2018 . __,,_,,- . RECEIVED NYSCEF DOC. NO. 22 ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the change in the caption herein; and it is further ORDERED that such service upon the Clerk of the Court and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and Clerk Procedures for Filed Cases (accessible at the "E- County Electronically Filing" page on the court's website at the address www.nycourts.gov/supctmanh)]. 11/28/2018 DATE L A A SO EdFF, J.S.C. CHECK ONE: CASE DISPOSED X NON-FI DISPOS ON GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 152189/2018 KlRKLAND, GLORIA vs. CITY OF NEW YORK Page 2 of 2 Motion No. 001 4 of 4