On October 31, 2017 a
No Value
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 02/21/2023 11:40 AM INDEX NO. 521110/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x
JUDITH ZARUG, AFFIRMATION OF
GOOD FAITH
Plaintiff,
Index #: 521110/2017
-against-
T#: 2017-062652
THE CITY OF NEW YORK and AMBROSINO
CONSTRUCTION CORP., Judge: Frias-Colon
Defendants
Part: 25
------------------------------------------------------------------------x
MICHELLE DESOUZA-FORTE, an attorney admitted to practice law in the
State of New York and an Assistant Corporation Counsel of the City of New York affirms the
truth of the following under the penalties of perjury pursuant to CPLR 2106 upon information
and belief based upon the records maintained in this office.
1. I submit this Affirmation of Good Faith in support of the City’s motion seeking an
order (1) pursuant to 22 NYCRR §202.21(e) vacating Plaintiff’s Note of issue and Certificate of
Readiness and striking this action from the Trial Calendar of this Court; or in the alternative, (2)
pursuant to CPLR § 3121 extending the City’s time to move for summary judgment to 120 days
post all discovery being completed.
2. Plaintiff has yet to appear for an independent medical examination.
3. In light of the foregoing, it is now necessary in compelling plaintiff to comply
with the discovery demands, and for such other and further relief as the court deems just and
proper.
1 of 2
FILED: KINGS COUNTY CLERK 02/21/2023 11:40 AM INDEX NO. 521110/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/21/2023
Dated: Brooklyn, New York
February 21, 2023
/s/ Michelle DeSouza-Forte
MICHELLE DESOUZA-FORTE, ESQ.
Assistant Corporation Counsel
(718) 834-4639
2 of 2
Document Filed Date
February 21, 2023
Case Filing Date
October 31, 2017
Category
Torts - Other Negligence (Premises)
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FILED: KINGS COUNTY CLERK 02/21/2023 11:40 AM INDEX NO. 521110/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x JUDITH ZARUG, AFFIRMATION OF GOOD FAITH Plaintiff, Index #: 521110/2017 -against- T#: 2017-062652 THE CITY OF NEW YORK and AMBROSINO CONSTRUCTION CORP., Judge: Frias-Colon Defendants Part: 25 ------------------------------------------------------------------------x MICHELLE DESOUZA-FORTE, an attorney admitted to practice law in the State of New York and an Assistant Corporation Counsel of the City of New York affirms the truth of the following under the penalties of perjury pursuant to CPLR 2106 upon information and belief based upon the records maintained in this office. 1. I submit this Affirmation of Good Faith in support of the City’s motion seeking an order (1) pursuant to 22 NYCRR §202.21(e) vacating Plaintiff’s Note of issue and Certificate of Readiness and striking this action from the Trial Calendar of this Court; or in the alternative, (2) pursuant to CPLR § 3121 extending the City’s time to move for summary judgment to 120 days post all discovery being completed. 2. Plaintiff has yet to appear for an independent medical examination. 3. In light of the foregoing, it is now necessary in compelling plaintiff to comply with the discovery demands, and for such other and further relief as the court deems just and proper. 1 of 2 FILED: KINGS COUNTY CLERK 02/21/2023 11:40 AM INDEX NO. 521110/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/21/2023 Dated: Brooklyn, New York February 21, 2023 /s/ Michelle DeSouza-Forte MICHELLE DESOUZA-FORTE, ESQ. Assistant Corporation Counsel (718) 834-4639 2 of 2