Preview
FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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MIRIAM GONZALEZ AGUILAR,
Index No.: 521636/2020
Plaintiff,
AFFIRMATION IN
-against-
REPLY
ALBA LIMO TRANSPORTATION CORP, J.C.
HIRALDO-POLANCO and AMY T. GAVILANES,
Defendants.
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Yefim Ashurov, an attorney duly admitted to practice law before the courts of this state,
affirms the following under the penalties of perjury:
1. I am an associate with the law firm of CHERNY & PODOLSKY, PLLC, the attorneys
for the plaintiff, MIRIAM GONZALEZ AGUILAR, in the above-captioned action and, as such, I
am fully familiar with the facts and circumstances of this action based upon reviewing of the case
file and the investigation materials contained therein.
2. I submit this Affirmation in Reply to defendants ALBA LIMO TRANSPORTATION
CORP, J.C. HIRALDO-POLANCO, and AMY T. GAVILANES’ opposition to the plaintiff’s
motion seeking an Order (1) extending the plaintiff’s time to file the Note of Issue due to
outstanding discovery; (2) issuing a conditional Order without further motion compelling
defendants ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO, and AMY
T. GAVILANES to appear for their currently scheduled deposition for September 13, 2022, and
September 21, 2022, or otherwise be precluded pursuant to CPLR §3126; (3) compelling defendant
AMY T. GAVILANES to respond to plaintiff’s demand for a verified bill of particulars as to
affirmative defenses, responses to plaintiff combined demands including excess/ umbrella
insurance coverage information or an affidavit of absence of such coverage or otherwise be
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precluded pursuant to CPLR §3126; and (4) for such other and further relief that this court deems
just and proper.
3. Both defense firms argue that the plaintiff’s motion is fatally defective because it
allegedly fails to comply with Uniform Rule 202.20-f because plaintiff’s counsel has failed to
furnish detailed information regarding the good faith efforts to resolve the discovery dispute before
seeking judicial intervention via motion practice and that plaintiff’s supporting papers lack a good
faith affirmation that outlines, in detail, the dates and times of the multiple efforts made to resolve
the issues.
4. First, plaintiff’s counsel has conferenced this case with both defense firms a few times.
Court Orders were issued directing all defendants to respond to the plaintiff’s outstanding
discovery demands and to appear for their court-ordered depositions (see compliance conference
orders attached to plaintiff’s motion, Exhibit “D”, Exhibit “E”, and Exhibit “H”.)
5. Second, plaintiff’s counsel has outlined specific dates and times as to when the
depositions of all the involved parties were scheduled and rescheduled in the affirmation in
support.
6. Third, in relation to defendant AMY T. GAVILANES, the plaintiff emailed her first
good faith letter on January 31, 2022, demanding outstanding discovery (see Exhibit “F”) and
emailed the second good faith letter on March 28, 2022, demanding outstanding discovery (see
Exhibit “G”.) Therefore, plaintiff was in compliance with Uniform Rule 202.20-f.
7. Fourth, defendant AMY T. GAVILANES responded to plaintiff’s demand for a
verified bill of particulars and responses to combined demands for discovery and inspection only
after this motion was filed. However, she still failed to provide the plaintiff with excess/ umbrella
insurance coverage information or an affidavit of absence of such coverage.
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8. Assuming the depositions of defendants J.C. HIRALDO-POLANCO and AMY T.
GAVILANES go forward on their currently scheduled deposition dates, plaintiff will still need
additional time to serve her post deposition demands and said defendants will need some additional
time to respond to plaintiff’s demands including excess/ umbrella coverage information or an
affidavit of absence from defendant AMY T. GAVILANES. Based on all the above, plaintiff will
not be able to file her Note of Issue and Certificate of Readiness by September 30, 2022.
9. Plaintiff, therefore, requests this court to (1) extend the plaintiff’s time to file her Note
of Issue; (2) Issuing a conditional Order without further motion compelling defendants ALBA
LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO and AMY T. GAVILANES to
appear for their currently scheduled deposition for September 13, 2022, and September 21, 2022;
(3) compelling defendant AMY T. GAVILANES to provide the plaintiff with excess/ umbrella
insurance coverage information or an affidavit of absence of such coverage; or (4) otherwise be
precluded them from offering their testimony on all issues, and any other evidence on the issue of
liability, at the time of trial or in an opposition to a dispositive motion and deeming issue of liability
resolved in favor of the plaintiff, without the need of further motion.
WHEREFORE, plaintiff, MIRIAM GONZALEZ AGUILAR, respectfully requests that
this motion be granted in all respects and that this Court grant such other and further relief as it
deems just and proper.
Dated: Brooklyn, New York
September 5, 2022
Yefim Ashurov
By: Yefim Ashurov, Esq.
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CERTIFICATION OF WORD COUNT
I, Yefim Ashurov, Esq, the writer of the above Affirmation in support of plaintiff’s Motion,
pursuant to the requirements set forth in Rule 17 of the Uniform Civil Rules for the Supreme Court
and County Court, section 202.8-b, entitled “Length of Papers,” hereby certify that the total
number of words contained in the document, exclusive of the caption, and if applicable, any Table
of Contents and Table of Authorities, and the signature block is 1,020 as computed by the word-
processing system I used to prepare the document, and accordingly, complies with the word count
limit of 4,200 words applicable to this Affirmation in chief.
Yefim Ashurov
Yefim Ashurov, Esq.
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Index No.: 521636/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------------X
MIRIAM GONZALEZ AGUILAR,
Plaintiff,
-against-
ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-
POLANCO and AMY T. GAVILANES,
Defendants.
-----------------------------------------------------------------------------X
______________________________________________________________________________
AFFIRMATION IN REPLY
______________________________________________________________________________
CHERNY & PODOLSKY, PLLC
2681 East 14th Street
Brooklyn, New York 11235
(718) 449-5100
Pursuant to 22 NYCRR 130-1.1, the undersigned the attorney admitted to practice in the courts
of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous.
Service of a copy of the within is hereby admitted.
Dated:
……………………………………..
Attorney(s) for
Dated: Brooklyn, New York
September 5, 2022
CHERNY & PODOLSKY, PLLC
2681 East 14th Street
Brooklyn, New York 11235
(718) 449-5100
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Preview
FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X MIRIAM GONZALEZ AGUILAR, Index No.: 521636/2020 Plaintiff, AFFIRMATION IN -against- REPLY ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO and AMY T. GAVILANES, Defendants. ----------------------------------------------------------------------X Yefim Ashurov, an attorney duly admitted to practice law before the courts of this state, affirms the following under the penalties of perjury: 1. I am an associate with the law firm of CHERNY & PODOLSKY, PLLC, the attorneys for the plaintiff, MIRIAM GONZALEZ AGUILAR, in the above-captioned action and, as such, I am fully familiar with the facts and circumstances of this action based upon reviewing of the case file and the investigation materials contained therein. 2. I submit this Affirmation in Reply to defendants ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO, and AMY T. GAVILANES’ opposition to the plaintiff’s motion seeking an Order (1) extending the plaintiff’s time to file the Note of Issue due to outstanding discovery; (2) issuing a conditional Order without further motion compelling defendants ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO, and AMY T. GAVILANES to appear for their currently scheduled deposition for September 13, 2022, and September 21, 2022, or otherwise be precluded pursuant to CPLR §3126; (3) compelling defendant AMY T. GAVILANES to respond to plaintiff’s demand for a verified bill of particulars as to affirmative defenses, responses to plaintiff combined demands including excess/ umbrella insurance coverage information or an affidavit of absence of such coverage or otherwise be 1 of 5 FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 precluded pursuant to CPLR §3126; and (4) for such other and further relief that this court deems just and proper. 3. Both defense firms argue that the plaintiff’s motion is fatally defective because it allegedly fails to comply with Uniform Rule 202.20-f because plaintiff’s counsel has failed to furnish detailed information regarding the good faith efforts to resolve the discovery dispute before seeking judicial intervention via motion practice and that plaintiff’s supporting papers lack a good faith affirmation that outlines, in detail, the dates and times of the multiple efforts made to resolve the issues. 4. First, plaintiff’s counsel has conferenced this case with both defense firms a few times. Court Orders were issued directing all defendants to respond to the plaintiff’s outstanding discovery demands and to appear for their court-ordered depositions (see compliance conference orders attached to plaintiff’s motion, Exhibit “D”, Exhibit “E”, and Exhibit “H”.) 5. Second, plaintiff’s counsel has outlined specific dates and times as to when the depositions of all the involved parties were scheduled and rescheduled in the affirmation in support. 6. Third, in relation to defendant AMY T. GAVILANES, the plaintiff emailed her first good faith letter on January 31, 2022, demanding outstanding discovery (see Exhibit “F”) and emailed the second good faith letter on March 28, 2022, demanding outstanding discovery (see Exhibit “G”.) Therefore, plaintiff was in compliance with Uniform Rule 202.20-f. 7. Fourth, defendant AMY T. GAVILANES responded to plaintiff’s demand for a verified bill of particulars and responses to combined demands for discovery and inspection only after this motion was filed. However, she still failed to provide the plaintiff with excess/ umbrella insurance coverage information or an affidavit of absence of such coverage. 2 of 5 FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 8. Assuming the depositions of defendants J.C. HIRALDO-POLANCO and AMY T. GAVILANES go forward on their currently scheduled deposition dates, plaintiff will still need additional time to serve her post deposition demands and said defendants will need some additional time to respond to plaintiff’s demands including excess/ umbrella coverage information or an affidavit of absence from defendant AMY T. GAVILANES. Based on all the above, plaintiff will not be able to file her Note of Issue and Certificate of Readiness by September 30, 2022. 9. Plaintiff, therefore, requests this court to (1) extend the plaintiff’s time to file her Note of Issue; (2) Issuing a conditional Order without further motion compelling defendants ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO-POLANCO and AMY T. GAVILANES to appear for their currently scheduled deposition for September 13, 2022, and September 21, 2022; (3) compelling defendant AMY T. GAVILANES to provide the plaintiff with excess/ umbrella insurance coverage information or an affidavit of absence of such coverage; or (4) otherwise be precluded them from offering their testimony on all issues, and any other evidence on the issue of liability, at the time of trial or in an opposition to a dispositive motion and deeming issue of liability resolved in favor of the plaintiff, without the need of further motion. WHEREFORE, plaintiff, MIRIAM GONZALEZ AGUILAR, respectfully requests that this motion be granted in all respects and that this Court grant such other and further relief as it deems just and proper. Dated: Brooklyn, New York September 5, 2022 Yefim Ashurov By: Yefim Ashurov, Esq. 3 of 5 FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 CERTIFICATION OF WORD COUNT I, Yefim Ashurov, Esq, the writer of the above Affirmation in support of plaintiff’s Motion, pursuant to the requirements set forth in Rule 17 of the Uniform Civil Rules for the Supreme Court and County Court, section 202.8-b, entitled “Length of Papers,” hereby certify that the total number of words contained in the document, exclusive of the caption, and if applicable, any Table of Contents and Table of Authorities, and the signature block is 1,020 as computed by the word- processing system I used to prepare the document, and accordingly, complies with the word count limit of 4,200 words applicable to this Affirmation in chief. Yefim Ashurov Yefim Ashurov, Esq. 4 of 5 FILED: KINGS COUNTY CLERK 09/06/2022 06:39 PM INDEX NO. 521636/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 Index No.: 521636/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------X MIRIAM GONZALEZ AGUILAR, Plaintiff, -against- ALBA LIMO TRANSPORTATION CORP, J.C. HIRALDO- POLANCO and AMY T. GAVILANES, Defendants. -----------------------------------------------------------------------------X ______________________________________________________________________________ AFFIRMATION IN REPLY ______________________________________________________________________________ CHERNY & PODOLSKY, PLLC 2681 East 14th Street Brooklyn, New York 11235 (718) 449-5100 Pursuant to 22 NYCRR 130-1.1, the undersigned the attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Service of a copy of the within is hereby admitted. Dated: …………………………………….. Attorney(s) for Dated: Brooklyn, New York September 5, 2022 CHERNY & PODOLSKY, PLLC 2681 East 14th Street Brooklyn, New York 11235 (718) 449-5100 5 of 5