Preview
FILED: NEW YORK COUNTY CLERK 05/18/2021 04:05 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 529 RECEIVED NYSCEF: 05/18/2021
Exhibit “2”
FILED: NEW YORK COUNTY CLERK 05/18/2021
05/21/2019 04:05
12:24 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 529
282 RECEIVED NYSCEF: 05/18/2021
05/21/2019
Calendar No. (if any) NOTE OF ISSUE For use of clert
Index No. 155327/201
SUPREME Court, NEW YORK County, N.Y.
KEVIN MCGONIGAL,
| HON. MARGARET A. CHAN
PLAINTIFF Name of Judge assigned
I
-AGAINST- NOTICE FOR TRIAL
NYY STEAK MANHATTAN, LLC, PLAZA [X] Trial by jury demanded
CONSTRUCTION CORP. and BARING
INDUSTRIES, INC., [X] Of all issues
DEFENDANTS [ ] Of issues specified below or attached hereto
PLAZA CONSTRUCTION CORP., [ ] Trial without jury
THIRD PARTY PLAINTIFF
Filed by attorney for Plaintiff(s)
-AGAINST- Date summons served 09/19/2013
Date service completed 10/01/2013
BARING INDUSTRIES, INC., Date issue joined 10/14/2013
THIRD PARTY DEFENDANT| NATURE OF ACTION OR SPECIAL PROCEEDING
BARING INDUSTRIES, INC.
[ X ] Tort: [ ] Motor vehicle negligence
SECOND THIRD PARTY PLAINTIFF [ ] Medical malpractice
[ ] Other tort
-AGAINST-
[ ] Contract
DAY & NITE REFRIGERATION CORP. and
KIMCO REFIGERATION CORP. [ ] Contested matrimonial
[ ] Uncontested matrimonial
SECOND THIRD PARTY DEFENDANT l [ ] Tax certiorari
[ ] Condemnation
Special preference claimed under [ x] Other (not itemized above) specify Personal injuries
[ ] This action is brought as a class action
on the ground that [ ] This is a medical malpractice action: panel procedures prescribed by
court rules pursuant to Jud. § 148-a.
[ ] have been completed [ ] have not been completed
Amount demanded $ EXCEEDS IURISDICTIONAL LIMITS
Other relief
Insurance carrier(s), if known: UNKNOWN
SACKS and SACKS, LLP FABIANI COHEN & HALL, LLP
Attorney(s) for Plaintiff(s) Attorneys for Defendants
KEVIN MCGONIGAL NYY STEAK MANHATTAN, LLC and
150 Broadway, 4th Floor
PLAZA CONSTRUCTION CORP.
New York, New York 10038 570 Lexington 4th Floor
Avenue,
Phone No.: (212) 964-5570
New York, New York 10022
Attention: Andrew R. Diamond, Esq.
Tel: (212) 644-4420
Attn: Patrick Aurilia, Esq.
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LAW OFFICES OF CHARLES J. SIEGEL MILBER, MAKRIS, PLOUSADIS,
Attorneys for Defendant Attorneys for Defendant
BARING INDUSTRIES, INC. DAY & NITE REFRIGERATION
125 Broad
Street-7th
FlOOr KIMCO REFRIGERATION CORP.
New York, New York 10004 1000 Woodbury Road
Attn: Nikolaos E. Diamantis, Esq. Woobury, NY 11797
516-712-4000
Attn: David A. Lore, Esq.
SMITH MAZURE DIRECTOR WILKINS VIGORITO, BARKER, PORTER
YOUNG & YAGERMAN, P.C. LLP
Attorneys for Defendant Attorneys for Defendant
ESS & VEE ACOUSTICAL B&G ELECTRTCAL CONTRACTOR
2nd
CONTRACTORS, INC. 115 Stevens Avenue, plOOr
111 John Street Valhalla, New York 10595
New York, NY 10038 Direct (914)
495- 4835
964-7400 Attention: Eileen R. Fullerton, Esq.
(212) (Main)
Attention: Robert Paliseno, Esq.
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CERTIFICATE OF READINESS FOR TRIAL For Clerk's Use
(Items 1-7 must be checked) N.I. served
on
Completed Waived Not Required
1. All pleadings served ..................................................... X
2. Bill of particulars served................................................. X
3. Physical examinations completed....................................... X
4. Medical reports exchanged............................................... X
5. Appraisal reports exchanged............................................. X
6. Compliance with Rules in matrimonial actions (22NYCRR 202.16) X
7. Discovery proceedings now known to be necessary completed X
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56.
12. The case is ready for trial.
Da ted: NEW YORK, NEW YORK
MAY 21, 2019
Signature-type name below
ANDREW R. DIAMOND, ESQ.
SACKS and SACKS, LLP
Attorney(s) for Plaintiff
KEVIN MCGONIGAL
150 Broadway, 4th Floor
New York, New York
(212) 964-5570
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
KEVIN McGONIGAL, AFFIRMATION
COMPLIANCE
Plaintiff(s),
INDEX NO.:
-against-
NYY STEAK MANHATTAN, LLC,
PLAZA CONSTRUCTION CORP. and
BARING INDUSTRIES, INC.,
Defendant(s).
x
PLAZA CONSTRUCTION CORP.,
Third party plaintiff(s),
-against-
BARING INDUSTRIES, INC.,
Third defendant(s).
party
x
BARING INDUSTRIES, INC.,
Second Third party plaintiff(s),
-against-
DAY & NITE REFRIGERATION CORP. and
KIMCO REFRIGERATION CORP.
Second Third party defendant(s).
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2. Plaintiff has provided the defendants with Verified Bills of Particulars, Supplemental
Verified Bill of Particulars, Second Supplemental Verified Bill of Particulars, Third Supplemental
Verified Bill of Particulars, Fourth Supplemental Verified Bill of Particulars, Fifth Supplemental
Verified Bill of Particulars and Corrected Fifth Supplemental Verified Bill of Particulars.
3. Plaintiff has complied with all known discovery demands of the defendants at this
time.
4. Plaintiff is in full compliance the orders of the Court.
5. Plaintiff reserves the right to exchange expert witness disclosures and updates
including but not limited to an economist for loss earnings and economic analysis for future medical
cost and vocational updates up until the time of trial.
DATED: NEW YORK, NEW YORK
MAY 21, 2019
Yours, etc.
LLPV
SACK SACK
By:
ANDREW R. DIAMOND, ESQ.
Attorneys for Plaintiff
150 Broadway - 4th Floor
New York, NY 10038
(212) 964-5570
TO:
FABIANI COHEN & HALL, LLP
Attorneys for Defendants
NYY STEAK MANHATTAN, LLC and
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, New York 10022
Tel: (212) 644-4420
Attn: Patrick Aurilia, Esq.
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NYSCEF DOC. NO. 529
282 RECEIVED NYSCEF: 05/18/2021
05/21/2019
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Defendant
BARING INDUSTRIES, INC.
125 Broad Street-7th Floor
New York, New York 10004
Attn: Nikolaos E. Diamantis, Esq.
MILBER, MAKRIS, PLOUSADIS, SEIDEN
Attorneys for Defendant
DAY & NITE REFRIGERATION CORP. and
KIMCO REFRIGERATION CORP.
1000 Woodbury Road
Woobury, NY 11797
516-712-4000
Attn: David A. Lore, Esq.
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New York, NY 10038
(212) 964-7400 (Main)
Attention: Robert Paliseno, Esq.
VIGORITO, BARKER, PORTER & PATTERSON, LLP
Attorneys for Defendant
B&G ELECTRTCAL CONTRACTORS
115 Stevens 2nd plOOr
Avenue,
Valhalla, New York 10595
Direct 495- 4835
(914)
Attention: Eileen R. Fullerton, Esq.
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FILED: NEW YORK COUNTY CLERK 05/18/2021
05/21/2019 04:05
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NYSCEF DOC. NO. 529
282 RECEIVED NO. 158327/2013
INDEX NYSCEF: 05/21/2019
05/18/2021
|FILED: NEW YORK COUNTY CLERK 04/17 /2019 11: 18 AM|
NYSCEF DOC. NO. 275 RECEIVED NYSCEF: 04/17/2019
SUPRERAE COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDMDUAL ASS1GNMENT PART
3)
( ST1PULATION
INDEX NO. O
MOTION CALENDAR NO.
IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows:
At omey tor Psa n W
A tomey for De ndant A/
So Ordered.
ENTER:
.S.C. p se
MARGARE . CHAN
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05/21/2019 04:05
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NYSCEF DOC. NO. 529
5/21/2019
282 RECEIVED
Case Detail
NYSCEF: 05/18/2021
05/21/2019
Practice with COnjidence
SUPREME COURT
MCGONIGAL, KEVIN
NEW YORK COUNTY
Indedumber N32W2M3
ÑYY STEAK MANHATTAN, LLC
Case Status: ACTIVE
Plaintiff(s): MCGONIGAL, KEVIN X
Defendant(s): NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP AN
= PTY PLF
INDUSTRIES, INC., 3RD PLAZA CONSTRUCTION CORP
BARING INDUSTRIES 3RD PTY DER = 2ND 3RD PTY PLF
INC. BAR
(INDEX#595130/15) VS DAY & NIGHT REFRIGERATION CORP AND
REFRIGERATION CORP 2ND 3RD PTY DER = 3RD 3RD PTY PLF P
CORP ...CONT X (INDEX#595638/15) VS B&G ELECTRICAL CONTRA
ACOUSTICAL CONTRACTORS, INC. 3RD 3RD PTY DEFS.
This E-OTHER TORTS NEGLIGENCE case is a civil action for MONEY DAMA
PERSONAL INJURIES. The action is currently assigned to Judge CHAN, MARGARET
this case to be a STANDARD case.
On NOVEMBER 10, 2014 a Request for Judicial Intervention
(RJI) was filed wi
connection with THE FILING OF A NOTICE OF MOTION and was assigned to EF
filing date, the court's Standards and Goals for the
processing of this type of case ar
Issue
(NOI) should be filed by MAY 22, 2019 and the case should be resolved by FE
deadlines represent general goals. Actual deadlines shall be those set
by the assigned
conference or other order.
As of the current date, the court has no record of a Note of Issue
(NOI) being filed in th
The following additional comments are also noted on the court's record concerning
ELECTRONICALLY FILED, FROM THE NYS CIVIL CASE INFORMATION SYSTE
WWW eLaw com; 12/11/14 - SO-ORDERED BY JUSTICE MOULTON TO AMEND
THE ADDITION OF BARING INDUSTRIES, INC., AS DIRECT DEFENDAN'C AS
C'C·
FILED ON 12/11/2014. 5/14/18 REASSIGNED PURSUANT TO AN ADMINISTRATIVE
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FILED: NEW YORK COUNTY CLERK 05/18/2021
05/21/2019 04:05
12:24 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 529
282 RECEIVED NYSCEF: 05/18/2021
05/21/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
==== x
KEVIN McGONIGAL, INDEX NO.:
Plaintiff(s),
-against-
NYY STEAK MANHATTAN, LLC,
PLAZA CONSTRUCTION CORP. and
BARING INDUSTRIES, INC.,
Defc•.dant(s).
_-x
PLAZA CONSTRUCTION CORP.,
Third party plaintiff(s),
-against-
BARING INDUSTRIES, INC.,
Third party defendant(s).
BARING INDUSTRIES, INC.,
Second Third party plaintiff(s),
-against-
DAY & NITE REFRIGERATION CORP. and
KIMCO REFRIGERATION CORP.
Second Third party defendant(s).
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