Preview
FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS ECF FILE
GARABET T. BARDIZBANIAN and MONIKA
BARDIZBANIAN, Index No.: 701644/2017
Plaintiffs, AFFIRMATION IN
-against- OPPOSITION
MOHAMMAD S BHUIYAN, PILOT CAB CORP., Return Date: July 19, 2018
MATTHEW T COYNE, and JOHN GRANDO INC.,
Defendants.
Amy E. Bedell, an attorney duly admitted to practice in the State of New York, affirms
the following statements to be true under penalties of perjury:
1. I am senior counsel to the firm of LEWIS JOHS AVALLONE AVILES, LLP,
attorneys for defendants MATTHEW T. COYNE, and JOHN GRANDO INC. (the "COYNE
defendants"). As such, I am fully familiar with the facts and circumstances described in this
affirmation.
plaintiffs'
2. I submit this affirmation in opposition to cross-motion pursuant to
C.P.L.R. 3124 seeking to compel disclosure, namely the depositions of the defendants.
PLAINTIFFS'
CROSS-MOTION TO COMPEL SHOULD BE DENIED
3. By their cross-motion, plaintiffs seek only to compel the depositions of the
defendants MOHAMMAD S BHUIYAN, PILOT CAB CORP., and the COYNE defendants.
plaintiffs'
Since the filing of cross-motion, on July 9 and 10, 2018, the depositions of the
plaintiffs and of defendants MOHAMMAD S BHUIYAN and PILOT CAB CORP. were held.
The deposition of the COYNE defendants, namely driver MATTHEW COYNE, is, as of this
writing, in the process of being scheduled and may indeed be held prior to the return date and
plaintiffs' defendants'
submission of this motion. Thus, motion, which only seeks to compel
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FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017
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depositions and does not seek any other relief, should be denied as moot. In any case, even in the
event that Mr. Coyne's deposition is not held prior to the return date of this motion due
unlikely
to scheduling conflicts among the parties, his deposition will be held imminently.
defendants'
4. Notably, plaintiffs have not argued or established that the COYNE
conduct has been willful or contumacious such that any further relief is warranted in any event.
It is well-settled that pursuant to C.P.L.R. § 3126, a Court may issue an order precluding a party
from offering evidence supporting its claims where the party's "lack of cooperation was willful,
contumacious."
deliberate, and See C.P.L.R. § 3126; see also Moog v. City of New York, 30
A.D.3d 490 (2d Dep't 2006). In addition to the fact that plaintiffs do not seek such reliefin their
motion papers, it is clear that the COYNE defendants have engaged in a concerted effort to
complete depositions pursuant to the Court-ordered discovery deadlines, and as of this writing
are in the process of scheduling the remaining deposition to be held in the coming week. As
defendants' contumacious"
such, conduct has in no instance been "willful, deliberate, and as
necessary to meet the C.P.L.R.'s standard.
plaintiffs'
5. Thus, for all the foregoing reasons, cross-motion to compel disclosure
should be denied.
plaintiffs'
WHEREFORE, it isrespectfully requested that the Court deny cross-motion to
compel disclosure, and grant defendants such other and further relief as to this Court seems just,
proper and equitable.
Dated: Islandia, New York
July 12, 2018
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
Linda Lansky, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in Nassau County,
New York.
That on the 12th day of July, 2018, deponent served the within AFFIRMATION IN
OPPOSITION by electronic filing upon the attorneys\parties in thisaction, as appearing on the Supreme
Court, State of New York Electronic Filing Website at the email addresses designated by said parties as
follows:
Michael Lizzi, Esq.
MAGGIANO, DIGIROLAMO & LIZZI
Email: mlizzi@mditriallawyers.com
Attorneys for Plaintiffs
BAKER, MCEVOY, MORRISSEY
& MOSKOVITS, P.C.
Email: eservice@bm3law.com
Attorneys for Defendants
MOHAMMAD S BHUlYAN and
PILOT CAB CORP.
AND BY FIRST CLASS MAIL ONLY
NEWMAN AND NEWMAN LLP
148-55 Hillside Avenue
Jamaica, New York 11435-3330
Attorneys for Plaintiff on Counter-Claim
GARABET T. BARDIZBANIAN
Linda Lansky
Sworn to before me this
12th day of July, 2018.
Notary Public
EILEEN DE FILIPPO
Notary State of New York
Public,
No. 01-DE4970754
Qualifiedin Suffolk
County
Commission Expires:August13, 2022
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FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018
LEWIS 8 JOHS
Lewis Johs Avallone Aviles, LLP
CoumeUors
atlaw
Index No. 701644 Year 2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
GARABET T. BARDIZBANIAN and MONIKA BARDIZBANIAN,
Plaintiffs,
-against-
MOHAMMAD S BHUIYAN, PILOT CAB CORP., MATTHEW T COYNE, and JOHN GRANDO INC.,
Defendants.
AFFIRMATION IN OPPOSITION
LEWIS E JOHS
LewisJobs Avallone Aviles,LLP
Attorneys for Defendants
MATTHEW T. COYNE and JOHN GRANDO, INC.
Lewis Johs Avallone Aviles,LLP
One CA Plaza,Suite225
N.Y.
Islandia, 11749
Tel: 631.755.0101
Fax: 631.755.0117
FileNo.: 360-1017
www.lewisjobs.com
CERTIFICATION PURSUANT TO 22N.Y.C.R.R.§130-1.1a
The undersigned hereby certifies pursuant
that, to22 N.Y.C.R.R.§130-1.1a, thecontentions contained inthe annexed document(s) is
not frivolousnor frivolouslypresented
...................................................
Serviceof a copy of thewithin is herebyadmitted.
Dated,
Attorney(s) for
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Preview
FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ECF FILE GARABET T. BARDIZBANIAN and MONIKA BARDIZBANIAN, Index No.: 701644/2017 Plaintiffs, AFFIRMATION IN -against- OPPOSITION MOHAMMAD S BHUIYAN, PILOT CAB CORP., Return Date: July 19, 2018 MATTHEW T COYNE, and JOHN GRANDO INC., Defendants. Amy E. Bedell, an attorney duly admitted to practice in the State of New York, affirms the following statements to be true under penalties of perjury: 1. I am senior counsel to the firm of LEWIS JOHS AVALLONE AVILES, LLP, attorneys for defendants MATTHEW T. COYNE, and JOHN GRANDO INC. (the "COYNE defendants"). As such, I am fully familiar with the facts and circumstances described in this affirmation. plaintiffs' 2. I submit this affirmation in opposition to cross-motion pursuant to C.P.L.R. 3124 seeking to compel disclosure, namely the depositions of the defendants. PLAINTIFFS' CROSS-MOTION TO COMPEL SHOULD BE DENIED 3. By their cross-motion, plaintiffs seek only to compel the depositions of the defendants MOHAMMAD S BHUIYAN, PILOT CAB CORP., and the COYNE defendants. plaintiffs' Since the filing of cross-motion, on July 9 and 10, 2018, the depositions of the plaintiffs and of defendants MOHAMMAD S BHUIYAN and PILOT CAB CORP. were held. The deposition of the COYNE defendants, namely driver MATTHEW COYNE, is, as of this writing, in the process of being scheduled and may indeed be held prior to the return date and plaintiffs' defendants' submission of this motion. Thus, motion, which only seeks to compel 1 of 4 FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018 depositions and does not seek any other relief, should be denied as moot. In any case, even in the event that Mr. Coyne's deposition is not held prior to the return date of this motion due unlikely to scheduling conflicts among the parties, his deposition will be held imminently. defendants' 4. Notably, plaintiffs have not argued or established that the COYNE conduct has been willful or contumacious such that any further relief is warranted in any event. It is well-settled that pursuant to C.P.L.R. § 3126, a Court may issue an order precluding a party from offering evidence supporting its claims where the party's "lack of cooperation was willful, contumacious." deliberate, and See C.P.L.R. § 3126; see also Moog v. City of New York, 30 A.D.3d 490 (2d Dep't 2006). In addition to the fact that plaintiffs do not seek such reliefin their motion papers, it is clear that the COYNE defendants have engaged in a concerted effort to complete depositions pursuant to the Court-ordered discovery deadlines, and as of this writing are in the process of scheduling the remaining deposition to be held in the coming week. As defendants' contumacious" such, conduct has in no instance been "willful, deliberate, and as necessary to meet the C.P.L.R.'s standard. plaintiffs' 5. Thus, for all the foregoing reasons, cross-motion to compel disclosure should be denied. plaintiffs' WHEREFORE, it isrespectfully requested that the Court deny cross-motion to compel disclosure, and grant defendants such other and further relief as to this Court seems just, proper and equitable. Dated: Islandia, New York July 12, 2018 2 of 4 FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) Linda Lansky, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Nassau County, New York. That on the 12th day of July, 2018, deponent served the within AFFIRMATION IN OPPOSITION by electronic filing upon the attorneys\parties in thisaction, as appearing on the Supreme Court, State of New York Electronic Filing Website at the email addresses designated by said parties as follows: Michael Lizzi, Esq. MAGGIANO, DIGIROLAMO & LIZZI Email: mlizzi@mditriallawyers.com Attorneys for Plaintiffs BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Email: eservice@bm3law.com Attorneys for Defendants MOHAMMAD S BHUlYAN and PILOT CAB CORP. AND BY FIRST CLASS MAIL ONLY NEWMAN AND NEWMAN LLP 148-55 Hillside Avenue Jamaica, New York 11435-3330 Attorneys for Plaintiff on Counter-Claim GARABET T. BARDIZBANIAN Linda Lansky Sworn to before me this 12th day of July, 2018. Notary Public EILEEN DE FILIPPO Notary State of New York Public, No. 01-DE4970754 Qualifiedin Suffolk County Commission Expires:August13, 2022 3 of 4 FILED: QUEENS COUNTY CLERK 07/12/2018 02:55 PM INDEX NO. 701644/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/12/2018 LEWIS 8 JOHS Lewis Johs Avallone Aviles, LLP CoumeUors atlaw Index No. 701644 Year 2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS GARABET T. BARDIZBANIAN and MONIKA BARDIZBANIAN, Plaintiffs, -against- MOHAMMAD S BHUIYAN, PILOT CAB CORP., MATTHEW T COYNE, and JOHN GRANDO INC., Defendants. AFFIRMATION IN OPPOSITION LEWIS E JOHS LewisJobs Avallone Aviles,LLP Attorneys for Defendants MATTHEW T. COYNE and JOHN GRANDO, INC. Lewis Johs Avallone Aviles,LLP One CA Plaza,Suite225 N.Y. Islandia, 11749 Tel: 631.755.0101 Fax: 631.755.0117 FileNo.: 360-1017 www.lewisjobs.com CERTIFICATION PURSUANT TO 22N.Y.C.R.R.§130-1.1a The undersigned hereby certifies pursuant that, to22 N.Y.C.R.R.§130-1.1a, thecontentions contained inthe annexed document(s) is not frivolousnor frivolouslypresented ................................................... Serviceof a copy of thewithin is herebyadmitted. Dated, Attorney(s) for 4 of 4