Motion-Secondary: Antonio Espinosa v. Mac 60 Llc, Royal Home Improvements, Inc.

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Preview
                                At IAS Part ___ of the Supreme
                                                                       Court of the State of New York, held
                                                                       in and for the County of Kings
                                                                       on the ___ day of ________, 2023


P R E S E N T:

HON. ____________________________
      Justice of the Supreme Court


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ANTONIO ESPINOSA,                                                               Index No.: 515277/2018

                                   Plaintiff,                                  ORDER TO SHOW CAUSE


                 -against-

MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.

                                    Defendants.
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MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.

                          Third-Party Plaintiff,

                 -against-

GILMAR DESIGN CORPORATION,

                           Third-Party Defendant.
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         WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN
         YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT
         OF COURT.

         PLEASE TAKE NOTICE THAT THE PURPOSE OF THIS HEARING IS
         TO PUNISH THE ACCUSED, ALPHA 3T MRI FOR A CONTEMPT OF
         COURT AND SUCH PUNISHMENT MAY CONSIST OF FINE OR
         IMPRISONMENT OR BOTH ACCORDING TO LAW.


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         NOW Upon the annexed affirmation of Richard Polner, Esq., attorney for Third party

Defendant GILMAR DESIGN CORPORATION in this action, dated _________, together with

the papers attached to this Order to Show Cause,


         LET the accused Alpha 3T MRI, show cause before this Court at Ex-Parte/Part 72 Room

295, hereof to be held at the Courthouse located at 360 Adams Street, Brooklyn, New York 11201

on _______________, at 9:30 a.m. or as soon thereafter as the parties can be heard, why an Order

should not be granted:


    1. Holding non-party Alpha 3T MRI, in Contempt of Court for willful refusal to comply with

         a subpoena duces tecum issued by an officer of the court seeking the imaging, records,

         information, and raw data set forth in the subpoena duces tecum.

    2. Imposing costs and fines upon the non-party Alpha 3T MRI for its contempt of court and

         failure to obey the subpoena duces tecum issued by an officer of the court seeking the

         imaging and data set forth in the subpoena duces tecum.

    3. Precluding any party from offering at trial any evidence or testimony, by any witness expert

         or otherwise, pertaining to any records, documents, information, raw data, diagnostic

         studies, testing, or films from Alpha 3T MRI or introducing at trial any records, documents,

         information, raw data, diagnostic studies, testing, or films from Alpha 3T MRI.


         SUFFICIENT CAUSE APPEARING THEREFOR,


         ORDERED, that service of a copy this Order, together with the papers upon which it is

based, upon non-party Alpha 3T MRI by certified mail at its last known address, 145 East 32nd

Street, New York, NY 10016, and upon Jacob Oresky, Esq., ORESKY & ASSOCIATES, PLLC,

located at 149 East 149th Street Bronx, NY 10451, counsel for Plaintiff and Christopher M.


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Gibbons, Esq., Havkins, Rosenfeld, Ritzert and Varriale LLP, located at 114 Old Country Road,

Suite 300, Mineola, NY 11501, attorneys for Defendant/Third Party Plaintiff MAC 60 LLC and

Royal Home Improvements, Inc., via NYSCEF, on or before the ____ day of _____, 2023, be

deemed good and sufficient service.




                                                                 E N T E R:


                                           __________________________________________

                                                                                       J.S.C.




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