Preview
FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
____________ _____________________________________________________________Ç
EXECUTIVE RISK INDEMNITY, INC. A/S/O
JEREMY GLICK and REBECCA GLICK, Index No.: 500661/2021
Plaintiffs, AFFIRMATION IN
SUPPORT OF
-against- DEFENDANT AND
THIRD-PARTY
CHEFALO CARPENTRY & CONSTRUCTION LLC PLAINTIFF'S, MOTION
and STEPHAN CONKLIN, TO VACATE THE NOTE
OF ISSUE
Defendants.
-------------------------------------------------------------------------X Assigned Judge:
CHEFALO CARPENTRY & CONSTRUCTION LLC, Hon. Gina C. Capone
Third-Party Plaintiff,
-against-
STEPHAN CONKLIN,
Third-Party Defendant.
-------------------------------------------------------------------------X
CHRISTINA A. MAZZARELLA, ESQ., an attorney duly licensed to practice law in
the State of New York, affirms the truth of the following subject to penalties of perjury:
1. I am and Associate in the law firm of Mackey Butts & Whalen, LLP, counsel for
Defendant and Third-Party Defendant, Stephan Conklin ("Conklin") and am fully familiar with
the facts and circumstances of this case. The basis of my knowledge is my review of the files
maintained by the firm.
2. This Affirmation is respectfully submitted on behalf of Conklin in connection
with Defendant and Third-Party Plaintiff, Chefalo Carpentry & Construction LLC's ("Chefalo"),
Motion to Vacate the Note of Issue ("Motion #2"). For the reasons discussed below, Conklin
joins in Chefalo's Motion #2.
4866-5677-1971 , v. 1
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FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023
3. As set forth in the Affirmation of Good Faith of Alissa Jimenez ("Jimenez
Affirmation"), NYSCEF Document Number ("Doc No.: 66"), discovery is still outstanding
among the parties, including Plaintiff's Responses to Conklin's First Request for Production of
Documents and Interrogatories.
4. Conklin, through counsel, sent a Good Faith Letter to Plaintiff's counsel via email
on August 3, 2023 requesting responses to same. A copy of the Good Faith Letter is annexed
hereto as Exhibit A.
5. As of the date of this Affirmation, no responses have been received.
6. In accordance with McKinney's New York Rules of Court §202.21(e), "any party
to the action or special proceeding may move to vacate the note of issue, upon affidavit showing
in what respects the case is not ready for trial, and the court may vacate the note of issue if it
incorrect."
appears that a material fact in the certificate of readiness is
7. In the pending case, Plaintiff's Note of Issue, NYSCEF Doc. No.: 64, is not only
"[c]ompleted,"
not properly completed, i.e., items 7 through 12 are not checked off as being
"[w]aived" [r]equired."
and "[n]ot
8. Furthermore, Plaintiff's Affirmation to File Note of Issue, NYSCEF Doc. No.: 64,
incorrectly states that, "[a]ll directives of the Preliminary Conference Order and subsequent
Compliance Conference Orders have been met with the exception of the outstanding Post EBT
Demands"
(internal quotations omitted).
9. This is in fact not true, as Plaintiffs have not provided any responses to Conklin's
First Request for Production of Documents and Interrogatories. See, Exhibit A.
[This space is intentionally left blank.]
4866-5677-1971, v. 1
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FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023
WHEREFORE, its is respectfully requested that this Court: grant Chefalo's Motion #2
in its entirety; together with other such relief as the Court deems equitable and just.
Dated: September 2, 2023
Poughkeepsie, New York
Respectfully submitted,
MACKEY BUTTS & WHALEN, LLP
Attorneys for Defendant and Third-Party
Defendant, Stephan Conklin
By: üd .
Christina A. Mazzarell Esq.
319 Mill Street
Poughkeepsie, New York 12601
845-452-4000
845-454-4966
cmazzarella(Eambwlawyers.com
TO: Eustace, Prezioso & Yapchanyk
Attn.: Michael S. Munger, Esq.
Attorneys for Plaintiffs
55 Water Street
28*
Floor
New York, New York 10041
212-612-4200
Milber Makris Plousadis & Seiden, LLP
Attn.: Alissa Jimenez, Esq.
Attorneys for Defendant and Third-Party Plaintiff Chefalo Carpentry & Construction,
LLC
100 Manhattanville Road
Suite 4E20
Purchase, New York 10577
914-681-8700
4866-5677-1971, v. 1
3 of 3
Preview
FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM ____________ _____________________________________________________________Ç EXECUTIVE RISK INDEMNITY, INC. A/S/O JEREMY GLICK and REBECCA GLICK, Index No.: 500661/2021 Plaintiffs, AFFIRMATION IN SUPPORT OF -against- DEFENDANT AND THIRD-PARTY CHEFALO CARPENTRY & CONSTRUCTION LLC PLAINTIFF'S, MOTION and STEPHAN CONKLIN, TO VACATE THE NOTE OF ISSUE Defendants. -------------------------------------------------------------------------X Assigned Judge: CHEFALO CARPENTRY & CONSTRUCTION LLC, Hon. Gina C. Capone Third-Party Plaintiff, -against- STEPHAN CONKLIN, Third-Party Defendant. -------------------------------------------------------------------------X CHRISTINA A. MAZZARELLA, ESQ., an attorney duly licensed to practice law in the State of New York, affirms the truth of the following subject to penalties of perjury: 1. I am and Associate in the law firm of Mackey Butts & Whalen, LLP, counsel for Defendant and Third-Party Defendant, Stephan Conklin ("Conklin") and am fully familiar with the facts and circumstances of this case. The basis of my knowledge is my review of the files maintained by the firm. 2. This Affirmation is respectfully submitted on behalf of Conklin in connection with Defendant and Third-Party Plaintiff, Chefalo Carpentry & Construction LLC's ("Chefalo"), Motion to Vacate the Note of Issue ("Motion #2"). For the reasons discussed below, Conklin joins in Chefalo's Motion #2. 4866-5677-1971 , v. 1 1 of 3 FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023 3. As set forth in the Affirmation of Good Faith of Alissa Jimenez ("Jimenez Affirmation"), NYSCEF Document Number ("Doc No.: 66"), discovery is still outstanding among the parties, including Plaintiff's Responses to Conklin's First Request for Production of Documents and Interrogatories. 4. Conklin, through counsel, sent a Good Faith Letter to Plaintiff's counsel via email on August 3, 2023 requesting responses to same. A copy of the Good Faith Letter is annexed hereto as Exhibit A. 5. As of the date of this Affirmation, no responses have been received. 6. In accordance with McKinney's New York Rules of Court §202.21(e), "any party to the action or special proceeding may move to vacate the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note of issue if it incorrect." appears that a material fact in the certificate of readiness is 7. In the pending case, Plaintiff's Note of Issue, NYSCEF Doc. No.: 64, is not only "[c]ompleted," not properly completed, i.e., items 7 through 12 are not checked off as being "[w]aived" [r]equired." and "[n]ot 8. Furthermore, Plaintiff's Affirmation to File Note of Issue, NYSCEF Doc. No.: 64, incorrectly states that, "[a]ll directives of the Preliminary Conference Order and subsequent Compliance Conference Orders have been met with the exception of the outstanding Post EBT Demands" (internal quotations omitted). 9. This is in fact not true, as Plaintiffs have not provided any responses to Conklin's First Request for Production of Documents and Interrogatories. See, Exhibit A. [This space is intentionally left blank.] 4866-5677-1971, v. 1 2 of 3 FILED: PUTNAM COUNTY CLERK 09/28/2023 12:28 PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 09/28/2023 WHEREFORE, its is respectfully requested that this Court: grant Chefalo's Motion #2 in its entirety; together with other such relief as the Court deems equitable and just. Dated: September 2, 2023 Poughkeepsie, New York Respectfully submitted, MACKEY BUTTS & WHALEN, LLP Attorneys for Defendant and Third-Party Defendant, Stephan Conklin By: üd . Christina A. Mazzarell Esq. 319 Mill Street Poughkeepsie, New York 12601 845-452-4000 845-454-4966 cmazzarella(Eambwlawyers.com TO: Eustace, Prezioso & Yapchanyk Attn.: Michael S. Munger, Esq. Attorneys for Plaintiffs 55 Water Street 28* Floor New York, New York 10041 212-612-4200 Milber Makris Plousadis & Seiden, LLP Attn.: Alissa Jimenez, Esq. Attorneys for Defendant and Third-Party Plaintiff Chefalo Carpentry & Construction, LLC 100 Manhattanville Road Suite 4E20 Purchase, New York 10577 914-681-8700 4866-5677-1971, v. 1 3 of 3