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FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.: 712060/2016
-------------------------------------------------------- X
ANGELO KING, NOTICE OF MOTION
Plaintiff,
-against-
ONE CITY BLOCK LLC. TACONIC MANAGEMENT
COMPANY LLC, BENCHMARK BUILDERS INC., Assigned Judge:
DRILL CONSTRUCTION CO., INC., BIGMAN Salvatore J. Modica
BROTHERS, INC.,
Defendants.
--------------------------------- ---------------------X Return Date:
BENCHMARK BUILDERS INC., DRILL CONSTRUCTION August 20, 2018
CO., INC.,
Third-Party Plaintiffs,
-against-
BARTH-GROSS ELECTRIC COMPANY, INC.
Third-Party Defendant.
--------------------- --------------- X
PLEASE TAKE NOTICE, that upon the A+hna+½n of Robert M. Conti sworn to on
July 20, 2018, upon the . .3 for bill of particulars and combined discovery
demanA and
notices served by the third party defendâñts in this matter, and upon all other pleadings,
preceedings and papers herctefere had and filed herein, the defendant,
BARTH-
third-party
GROSS ELECTRIC will move this Court in IAS Part 37- Courtroom 44 of
COMPANY, INC.,
the Supreme Court of the State of New York, County of Queens, located at 88-11 Sutphin
Boulevard, Jamaica, New York, on A:=‡ 20, 2018. at 10:00 m.m. in the afternaon of that day,
or as soon thereafter as counsel may be heard for an Order:
(1) puisuãnt to 22 NYCRR § 202.21(e), vacating p "'s Note of Issue and Certificaic
of Readiness, and striking this action from the trial calende since all pre-trial discovery
proceedings have not been complied with or;
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FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018
(2) in the sit-:-stive, an Order pursüãñt to CPLR §3124, cGinpull..g disclosure of the
various items demanded to in the Initial and Third-Party Actions pursuant to CPLR §3101 and
CPLR §3102;
(3) Pursuant to CPLR §3212(a), e ½ third p:ef
d±±ñts'
time to move for a====-f
juds-ent until (60) days from the date of the completion of all e±±_nding discovery, or to a date that
this Court deems just and proper and for such other and further relief as this Court deems just and
proper.
PLEASE TAKE FURIliER NOTICE, that pursuant to CPLR Section 2214(b),
answeñng aMhrits, if any, are ramaird to be served upon the vadersigned at least seven (7) days
prior to the return date of this =otiañ.
Dated: Garden City, New York
July 20, 2018
Yours, etc.
THE LAW OFFICES OF KEVIN P.
WESTERMAN
Attorneys for Third-Party Defendant
BARTH-GROSS ELECTRIC COMPANY, INC.
990 Stewart Avenue Suite 400
Garden City, New York 11530
Phone: (516) 493-4501
Matter No.: 18-002150
Robert M. Conti, Esq.
TO:
WINGATE, RU8S0711 SHAPIRO & HALPERIN, LLP
Attorneys for Plaintiff
420 Lexington Avenue - Suite 2750
New York, NY 10170
(212) 986-7353
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FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
Attorneys for Defendants ONE CITY BLOCK, LLC and
TACONIC MANAGEMENT COMPANY, LLC
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No: 16105
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Defendant BIGMAN BROTHERS, INC.
800 Westchester Avenue, Suite C-700
Rye Brook, New York 10573
(914) 977-7300
O'CONNOR O'CONNNOR H1NTZ & DEVENEY
Attorneys for Defendants BENCHMARK BUILDERS, INC., and
DRILL CONSTRUCTION CO., INC.,
One Hüütington Quadrangle, Suite 1C10
Melville, New York 11757-44115
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Preview
FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 712060/2016 -------------------------------------------------------- X ANGELO KING, NOTICE OF MOTION Plaintiff, -against- ONE CITY BLOCK LLC. TACONIC MANAGEMENT COMPANY LLC, BENCHMARK BUILDERS INC., Assigned Judge: DRILL CONSTRUCTION CO., INC., BIGMAN Salvatore J. Modica BROTHERS, INC., Defendants. --------------------------------- ---------------------X Return Date: BENCHMARK BUILDERS INC., DRILL CONSTRUCTION August 20, 2018 CO., INC., Third-Party Plaintiffs, -against- BARTH-GROSS ELECTRIC COMPANY, INC. Third-Party Defendant. --------------------- --------------- X PLEASE TAKE NOTICE, that upon the A+hna+½n of Robert M. Conti sworn to on July 20, 2018, upon the . .3 for bill of particulars and combined discovery demanA and notices served by the third party defendâñts in this matter, and upon all other pleadings, preceedings and papers herctefere had and filed herein, the defendant, BARTH- third-party GROSS ELECTRIC will move this Court in IAS Part 37- Courtroom 44 of COMPANY, INC., the Supreme Court of the State of New York, County of Queens, located at 88-11 Sutphin Boulevard, Jamaica, New York, on A:=‡ 20, 2018. at 10:00 m.m. in the afternaon of that day, or as soon thereafter as counsel may be heard for an Order: (1) puisuãnt to 22 NYCRR § 202.21(e), vacating p "'s Note of Issue and Certificaic of Readiness, and striking this action from the trial calende since all pre-trial discovery proceedings have not been complied with or; 1 of 3 FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018 (2) in the sit-:-stive, an Order pursüãñt to CPLR §3124, cGinpull..g disclosure of the various items demanded to in the Initial and Third-Party Actions pursuant to CPLR §3101 and CPLR §3102; (3) Pursuant to CPLR §3212(a), e ½ third p:ef d±±ñts' time to move for a====-f juds-ent until (60) days from the date of the completion of all e±±_nding discovery, or to a date that this Court deems just and proper and for such other and further relief as this Court deems just and proper. PLEASE TAKE FURIliER NOTICE, that pursuant to CPLR Section 2214(b), answeñng aMhrits, if any, are ramaird to be served upon the vadersigned at least seven (7) days prior to the return date of this =otiañ. Dated: Garden City, New York July 20, 2018 Yours, etc. THE LAW OFFICES OF KEVIN P. WESTERMAN Attorneys for Third-Party Defendant BARTH-GROSS ELECTRIC COMPANY, INC. 990 Stewart Avenue Suite 400 Garden City, New York 11530 Phone: (516) 493-4501 Matter No.: 18-002150 Robert M. Conti, Esq. TO: WINGATE, RU8S0711 SHAPIRO & HALPERIN, LLP Attorneys for Plaintiff 420 Lexington Avenue - Suite 2750 New York, NY 10170 (212) 986-7353 2 of 3 FILED: QUEENS COUNTY CLERK 07/20/2018 02:51 PM INDEX NO. 712060/2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/20/2018 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendants ONE CITY BLOCK, LLC and TACONIC MANAGEMENT COMPANY, LLC 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No: 16105 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendant BIGMAN BROTHERS, INC. 800 Westchester Avenue, Suite C-700 Rye Brook, New York 10573 (914) 977-7300 O'CONNOR O'CONNNOR H1NTZ & DEVENEY Attorneys for Defendants BENCHMARK BUILDERS, INC., and DRILL CONSTRUCTION CO., INC., One Hüütington Quadrangle, Suite 1C10 Melville, New York 11757-44115 3 of 3