Motion-Secondary: Nicholas Grant v. 147-02/12 Liberty Ave., Llc., Jouvay Ny, Inc. D/B/A Jouvay Night Club, Isaac J. Rios, Professional Corporate Security Services, Inc., Isaac Rios Jr

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                                FILED: KINGS COUNTY CLERK 09/05/2023 04:20 PM                                                     INDEX NO. 510433/2019
NYSCEF DOC. NO. 107                                                                       RECEIVED NYSCEF: 09/05/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
          ------------------------------------------------------------------X    Index No.: 510433/2019
          NICHOLAS GRANT,
                                                                                 AFFIRMATION IN
                                             Plaintiff(s),                       SUPPORT CROSS-
                                                                                 MOTION
                           -against-

         147-02/12 LIBERTY AVE, LLC, JOUVAY NY, INC.
         d/b/a JOUVAY NIGHT CLUB, ISAAC J. RIOS,
         and PROFESSIONAL CORPORATE SECURITY
         SEVICES, INC.,

                                             Defendant(s).
         ------------------------------------------------------------------X


                  NEIL J. PALMIERI, an attorney duly admitted in the State of New York hereby sets forth

         the following upon information and belief:

                  1.       I am a partner with the law office of Bongiorno, Montiglio, Mitchell & Palmieri,

         PLLC, attorneys for defendant, JOUVAY NY INC. d/b/a JOUVAY NIGHT CLUB in this matter. I

         am fully familiar with the facts and circumstances set forth herein based upon a review of the file

         maintained for the defense of the within matter.

                  2.       This affirmation is submitted in support of the within cross-motion for an order

         pursuant to CPLR §§ 3124 and 3126 striking the plaintiff’s complaint for his contumacious refusal

         to appear for deposition as required by the court’s Case Scheduling and Central Compliance Part

         Conference Orders or in the alternative, a conditional order, striking the plaintiff’s complaint should

         he fail to appear for deposition by a date certain.

                  3.       For the sake of judicial economy and brevity, the moving defendant, JOUVAY NY

         INC. d/b/a JOUVAY NIGHT CLUB, hereby adopts and asserts all of the facts, arguments and legal

         authority set forth in co-defendant PROFESSIONAL CORPORATE SECURITY SERVICES INC.’s




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FILED: KINGS COUNTY CLERK 09/05/2023 04:20 PM                                                    INDEX NO. 510433/2019
NYSCEF DOC. NO. 107                                                                      RECEIVED NYSCEF: 09/05/2023




          notice of motion and supporting papers for the same relief dated July 31, 2023, Mot Seq. No. 4.,

          NYSCEF Doc. No. 95.

                 WHEREFORE, it is respectfully requested that this cross-motion be granted in all respects

          and that plaintiff’s complaint along with any and all cross-claims be dismissed and for such other and

          further relief as this Court may deem just and proper.

          Dated: Mineola, New York
                 September 5, 2023

                                                         Yours, etc.

                                                         BONGIORNO, MONTIGLIO, MITCHELL
                                                         & PALMIERI, PLLC

                                                         Neil J. Palmieri
                                                         By: Neil J. Palmieri, Esq.
                                                         Attorneys for JOUVAY NY INC. d/b/a
                                                         JOUVAY NIGHT CLUB
                                                         200 Old Country Road, Suite 680
                                                         Mineola, New York 11501
                                                         (516) 620-4490
                                                         Our File No.: FRS 016421 NJP

          To:    Law Offices of Bryan Barenbaum
                 Attorneys for Plaintiff
                 2060 Eastern Parkway
                 Brooklyn, New York 11207
                 (718) 421-1111

                 Black Marjieh & Sanford, LLP
                 Attorneys for 147-02/12 Liberty Ave., LLC
                 100 Clearbrook Road
                 Elmsford, New York 10523
                 (914) 704-4400

                 Goetz Schenker Blee & Wiederhorn
                 Professional Corporate Security Services, Inc.
                 101 Greenwich Street, 20th Floor
                 New York, New York 10006
                 (212) 363-6900




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