On December 06, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Nadine Brooks,
and
Capri Landscaping, Inc,
Shawn Delmore,
The City Of New York,
for Torts - Other Negligence (Trip and Fall)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------- X
NADINE BROOKS,
NOTICE OF MOTION
Plaintiff '
Index No. 305540/2012
- against -
City File No. 2012-031424
SHAWN DELMORE, CAPRI LANDSCAPING, INC., and
THE CITY OF NEW YORK,
Defendants.
PLEASE TAKE NOTICE, that upon the annexed affirmation of STEPIER.
e->
JOHNSON, dated February 25, 2019 the exhibits annexed thereto, and all of the papers,
pleadings and proceedings heretofore had and filed herein, municipal defendant, THE CITY OF
NEW YORK (hereinafter the "City"), will move this Court before Honorable Mitchell J.
Danziger in IAS, Part 3, Room 707 at the Courthouse located at 851 Grand Concourse, Bronx,
New York, on March 21, 2019 at 9:30 a.m. in the forenoon, or as soon thereafter as counsel can
be heard:
1. Pursuant to CPLR 3126, dismissing plaintiff's complaint and/or precluding
plaintiff from offering any evidence at trial, on the ground that plaintiff has failed to comply with
outstanding discovery; or
2. Pursuant to CPLR 3124, compelling plaintiff to appear for Independent Medical
Examination and pay the No-Show fee pursuant to the Order dated 10/18/18; and,
3. For such other and further relief as this Court may deem just and proper.
The above action is to recover damages for personal injuries.
RECElVED
gMNK COUNTY CERK'SOFFICE
FEB 2 6 2019
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/27/2022
zACHARY W. CARTER
Corporation Counsel
THE
9
CITY OF NEW YORK
LAW DEPARTMENT STEPHANIE R. JOHNSON
TORT DIVISION Phone: 503-5046
(718)
BRONX COUNTY OFFICE
Fax: (718) 503-5038
100 CHURCH STREET
stjohnso@law.nyc.gov
NEW YORK, NY 10451-3513
February 25, 2019
Bronx County Clerks Office
851 Grand Concourse
Bronx, New York 10451
Re:Nadine Brooks v. Shawn Delmore et al.
Index No.: 305540/2012
City File No.: 2012-031424
Dear Sir/Madam:
The Corporation Counsel is exempt from any payment of fees, court costs, or certification
costs relating to the filing or transfer of an action, and any fees for the issue of an index number,
perfection of an appeal, request for judicial intervention, or any other court fee relating to the
defense of an action against the municipality of New York.
Accordingly, please accept the above papers. Thank you for your attention to this matter.
Sincerely yours,
ZACHARY W. CARTER
Corporation Counsel
By: p
Stephan R. Johnson, Esq.
Assistant Corporation Counsel
Document Filed Date
June 27, 2022
Case Filing Date
December 06, 2021
Category
Torts - Other Negligence (Trip and Fall)
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FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------- X NADINE BROOKS, NOTICE OF MOTION Plaintiff ' Index No. 305540/2012 - against - City File No. 2012-031424 SHAWN DELMORE, CAPRI LANDSCAPING, INC., and THE CITY OF NEW YORK, Defendants. PLEASE TAKE NOTICE, that upon the annexed affirmation of STEPIER. e-> JOHNSON, dated February 25, 2019 the exhibits annexed thereto, and all of the papers, pleadings and proceedings heretofore had and filed herein, municipal defendant, THE CITY OF NEW YORK (hereinafter the "City"), will move this Court before Honorable Mitchell J. Danziger in IAS, Part 3, Room 707 at the Courthouse located at 851 Grand Concourse, Bronx, New York, on March 21, 2019 at 9:30 a.m. in the forenoon, or as soon thereafter as counsel can be heard: 1. Pursuant to CPLR 3126, dismissing plaintiff's complaint and/or precluding plaintiff from offering any evidence at trial, on the ground that plaintiff has failed to comply with outstanding discovery; or 2. Pursuant to CPLR 3124, compelling plaintiff to appear for Independent Medical Examination and pay the No-Show fee pursuant to the Order dated 10/18/18; and, 3. For such other and further relief as this Court may deem just and proper. The above action is to recover damages for personal injuries. RECElVED gMNK COUNTY CERK'SOFFICE FEB 2 6 2019 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/27/2022 zACHARY W. CARTER Corporation Counsel THE 9 CITY OF NEW YORK LAW DEPARTMENT STEPHANIE R. JOHNSON TORT DIVISION Phone: 503-5046 (718) BRONX COUNTY OFFICE Fax: (718) 503-5038 100 CHURCH STREET stjohnso@law.nyc.gov NEW YORK, NY 10451-3513 February 25, 2019 Bronx County Clerks Office 851 Grand Concourse Bronx, New York 10451 Re:Nadine Brooks v. Shawn Delmore et al. Index No.: 305540/2012 City File No.: 2012-031424 Dear Sir/Madam: The Corporation Counsel is exempt from any payment of fees, court costs, or certification costs relating to the filing or transfer of an action, and any fees for the issue of an index number, perfection of an appeal, request for judicial intervention, or any other court fee relating to the defense of an action against the municipality of New York. Accordingly, please accept the above papers. Thank you for your attention to this matter. Sincerely yours, ZACHARY W. CARTER Corporation Counsel By: p Stephan R. Johnson, Esq. Assistant Corporation Counsel