On December 09, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
A. H.
An Infant Under The Age Of 14 Years By His Mother And Natural Guardian, Elvira Rodriguez,
E. Q.
And,
Lilia Robles
Individually,
L. M. Q.
Both Infants Under The Age Of 14 Years By Their Father And Natural Guardian, Miguel Angel Espejo Quezada,
Miguel Angel Espejo Quezada
And,
and
Auto Driving Corona,
Jose D Garcia,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
E.Q. and L.M.Q., both infants under the age of 14 years by
Their father and natural guardian, MIGUEL ANGEL
ESPEJO QUEZADA, A.H., an infant under the age of 14 NOTICE OF MOTION
Years by his mother and natural guardian, ELVIRA
RODRIGUEZ, and MIGUEL ANGEL ESPEJO Index No.: 526694/19
QUEZADA and LILIA ROBLES, individually,
Motion Returnable: 02/11/21
Plaintiffs,
-against-
JOSE D. GARCIA and AUTO DRIVING CORONA,
Defendants.
------------------------------------------------------------------------X
MOTION MADE BY: PEKNIC, PEKNIC & SCHAEFER, LLC
Attorney for Defendants
1005 West Beech Street
Long Beach, New York 11561
(516) 432-9400
RETURN DATE AND February 11, 2021, 9:30 a.m. or as soon thereafter as
TIME: counsel can be heard.
PLACE: Supreme Court of the State of New York, County of Kings,
Motion Support, Room 227 at the courthouse located at 360
Adams Street, Brooklyn, New York.
SUPPORTING PAPERS: Affirmation of SEAN W. SCHAEFER, ESQ. and Exhibits
attached hereto and Affirmation of Good Faith also attached
hereto.
RELIEF REQUESTED: An Order pursuant to Rules 3124 and 3126 (1), (2) and (3) of
plaintiffs'
the CPLR striking pleadings and dismissing the
defendants'
action for failing to comply with Demands for
Discovery dated December 30, 2019, Good Faith letters and
a prior Court Order; or in the alternative compelling the
defendants'
plaintiffs to comply with the Discovery
Demands, Good Faith letters and the prior Court Order
within thirty (30) days of the determination of this motion or
be precluded from offering evidence at the trial of this action.
ANSWERING PAPERS All answering papers, if any, are to be served within seven (7)
days of the return date or adjourned date of this motion,
1 of 2
FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021
pursuant to CPLR Section 2214(b).
Dated: Long Beach, New York
January 14, 2021
SEAN W. SDAEFER, ESQ.
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Defendants
1005 West Beech Street
Long Beach, New York 11561
Tel.: (516) 432-9400 x13
Fax: (516) 432-5396
Our File No.: LNCR/014/19
To: KHAVINSON & ASSOCIATES, P.C.
Attorneys for Plaintiffs
1601 Gravesend Neck Road, Suite #903
Brooklyn, New York 11229
Tel.: (718) 421-3815
Your File No.: E-06536
2 of 2
Document Filed Date
January 14, 2021
Case Filing Date
December 09, 2019
Category
Torts - Motor Vehicle
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FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X E.Q. and L.M.Q., both infants under the age of 14 years by Their father and natural guardian, MIGUEL ANGEL ESPEJO QUEZADA, A.H., an infant under the age of 14 NOTICE OF MOTION Years by his mother and natural guardian, ELVIRA RODRIGUEZ, and MIGUEL ANGEL ESPEJO Index No.: 526694/19 QUEZADA and LILIA ROBLES, individually, Motion Returnable: 02/11/21 Plaintiffs, -against- JOSE D. GARCIA and AUTO DRIVING CORONA, Defendants. ------------------------------------------------------------------------X MOTION MADE BY: PEKNIC, PEKNIC & SCHAEFER, LLC Attorney for Defendants 1005 West Beech Street Long Beach, New York 11561 (516) 432-9400 RETURN DATE AND February 11, 2021, 9:30 a.m. or as soon thereafter as TIME: counsel can be heard. PLACE: Supreme Court of the State of New York, County of Kings, Motion Support, Room 227 at the courthouse located at 360 Adams Street, Brooklyn, New York. SUPPORTING PAPERS: Affirmation of SEAN W. SCHAEFER, ESQ. and Exhibits attached hereto and Affirmation of Good Faith also attached hereto. RELIEF REQUESTED: An Order pursuant to Rules 3124 and 3126 (1), (2) and (3) of plaintiffs' the CPLR striking pleadings and dismissing the defendants' action for failing to comply with Demands for Discovery dated December 30, 2019, Good Faith letters and a prior Court Order; or in the alternative compelling the defendants' plaintiffs to comply with the Discovery Demands, Good Faith letters and the prior Court Order within thirty (30) days of the determination of this motion or be precluded from offering evidence at the trial of this action. ANSWERING PAPERS All answering papers, if any, are to be served within seven (7) days of the return date or adjourned date of this motion, 1 of 2 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021 pursuant to CPLR Section 2214(b). Dated: Long Beach, New York January 14, 2021 SEAN W. SDAEFER, ESQ. PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Defendants 1005 West Beech Street Long Beach, New York 11561 Tel.: (516) 432-9400 x13 Fax: (516) 432-5396 Our File No.: LNCR/014/19 To: KHAVINSON & ASSOCIATES, P.C. Attorneys for Plaintiffs 1601 Gravesend Neck Road, Suite #903 Brooklyn, New York 11229 Tel.: (718) 421-3815 Your File No.: E-06536 2 of 2