Preview
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv. Civil Action
Z.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC|:
‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE
‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY
\CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE
IXYZ CORPS PROPERTY 4:11-4 (B)
IMAINTENANCE/ MANAGEMENT
ICOMPANY 1-10 (fictitious parties), QRS
1-10 PROPERTY SERVICE SUB
CONTRACTORS (fictitious parties),
Defendant(s).
To: Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
Ewan Clark, Esq
Law Office of Gerald Strachan
90 Woodbridge Center Drive Suite 330
Woodbridge, NJ 07095
Michael Della Rovere, Esq
O’Toole, Couch & Della Rovere LLC
14 Ridgedale Ave Suite 205
Cedar Knolls, NJ 07927
PLEASE TAKE NOTICE that the undersigned will move before the Court as follows:
DATE: Friday, October 12, 2018
TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be
heard
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245
PLACE: Superior Court of New Jersey
Law Division — Civil
10 Main Street
Hackensack, NJ
RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY
SUBPOENA UNDER NEW JERSEY RULE 4:11(B)
See Certification of Counsel annexed hereto.
ORAL ARGUMENT REQUESTED BY MOVANT: If opposed.
By: 2
Dated: 9-17-18 LY Peter J. De Frank
CERTIFICATION OF SERVICE
The originals of these papers have been electronically filed with the Clerk of the County where the
Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing.
A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such.
Service was made as permitted by R. 1:5-2 (a).
By:
Dated: 9-17-18 PETER DE FRANK, ESQ.
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
(GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv.
Civil Action
IZ.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC
E
‘ORPS 1-10 (fictitious parties), TUV
‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL
‘ONTRACTORS 1-10 (fictitious parties),
IXYZ CORPS PROPERTY
IMAINTENANCE/ MANAGEMENT
\COMPANY 1-10 (fictitious parties), QRS
il-10 PROPERTY SERVICE SUB
{CONTRACTORS (fictitious parties),
Defendant(s).
I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows:
I am an attorney at law in the State of New Jersey and am fully familiar with the facts and
circumstances surrounding the within matter.
This matter arises from a slip and fall accident due to snow and ice that occurred on or about
January 25, 2016. A complaint was filed on or about March 17, 2017.
Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017.
Defense counsel for MJP Realty filed an Answer on or about September 8, 2017.
Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP
Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was
paid for work regarding the security/ video surveillance system at the premises where
plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut.
There has been deposition testimony from Mercedes Peralta, a representative of both
defendants, that there were surveillance cameras on the premises on the date of the
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245
plaintiff's fall; however, no security video has been produced. The testimony of Mr.
Guzman is being requested as he may possess relevant information.
Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a,
Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur
on November 7, 2018 at 1LAM.
There is an arbitration date of November 1, 2018 in this matter. No trial date has been
scheduled.
As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New
Jersey Rule 4:11-4(b) be issued as to Hector Guzman.
[hereby certify that the foregoing statements made by me are true and that I am aware that if
any of the foregoing statements are willfully false, I am subject to punishment.
Dated: 9-20-18
» Lp Peer De Frank
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245
JOSEPH A. MASSOOD.
MASSOOD LAW GROUP, LLC OF COUNSEL,
PETER J. DE FRANK+ COLLEEN M. TERRY*
50 PACKANACK LAKE ROAD EAST
KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC!
SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304
DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470
DAVID B. ANGELUZZI~ 973-837-8880
DENNIS M. BAPTISTA- 973-837-8550-£
Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com
+NJ, NY and CT Bars
*NY Bar NY NO-FAULT
NJ and NY Bars 1248A Clintonville Street, 2» Floor
=NJ and WI Bars Whitestone, NY 11357
-Certified by the Supreme Court of 718-167-6100
New Jersey as a Worker's 718-767-6101-f
Compensation Law Attorney Email: nypipfile@massoodlaw.com
September 26, 2018
Motions Clerk-Civil
Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
RE: Crescimbini vs. MJP Realty, et al.
Docket No.: BER-L-1973-17
Dear Sir/Madam:
Kindly accept this letter-brief in lieu of a more formal submission in further
support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under
New Jersey Rule 4:11(b).
As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff
received Answers to a Notice to produce which identified Hector Guzman as a
man who was paid for work for the security/surveillance system in place at the
Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in
Connecticut. In conjunction with this motion, Plaintiff must comply with
Connecticut General Statutes for the taking of a deposition of a Connecticut
resident.
Connecticut General Statute Section 52-148e(f) states:
“Depositions of witnesses living in this state may be taken in like manner to
be used as evidence in a civil action or probate proceeding pending in any court of
the United States or of any other state of the United States or of any foreign
country, on application to the court in which such civil action or probate
proceeding is pending of any party to such civil action or probate proceeding. The
Superior Court shall have jurisdiction to quash or modify, or to enforce
compliance with, a subpoena issued for the taking of a deposition pursuant to this
subsection.”
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245
2|Page
September 20, 2018
Connecticut General Statute Section 52-148a(a) states:
“Any party in a civil action or probate proceeding may, after the
commencement of such action or proceeding, take the testimony of any person by
deposition.”
Connecticut General Statute Section 52-148b(a) states:
“No party may take the deposition of any person unless he has first given
reasonable written notice to each adverse party or his known agent or attorney of
the time and place for taking the deposition and the name and address of each
person to be examined, if known, and, if the name is not known, a general
description sufficient to identify him or the particular class or group to which he
belongs. Such notice shall be served by an indifferent person at the usual place of
abode of each person entitled to notice or by mailing such notice to him by
certified mail.”
The Plaintiff has complied with all of the notice requirements of the
Connecticut General Statutes. Mr. Guzman has been identified. Notice has been
sent to all parties in the present matter. The date, time and location for the
deposition is scheduled.
As such, it is respectfully requested that Plaintiff's Motion for the Issuance
of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted.
Respectfully Submitted,
Peter J. De Frank
Ce: Michael Della Rovere, Esq
Ewan Clark, Esq.
Honorable Rachelle Harz
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 2 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
(GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintifi(s),
DOCKET NO. L-1973-16
V.
Civil Action
IZ.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC
ICORPS 1-10 (fictitious parties), TUV
ICORPS SNOW/ICE REMOVAL ORDER
CONTRACTORS 1-10 (fictitious parties),
XYZ CORPS PROPERTY
IMAINTENANCE/ MANAGEMENT
ICOMPANY 1-10 (fictitious parties), QRS
l-10 PROPERTY SERVICE SUB
(CONTRACTORS (fictitious parties),
Defendant(s).
THIS MATTER, having been opened to the Court by MASSOOD LAW GROUP, LLC.
attorneys for Plaintiff, on notice to all counsel of record, on application for an ORDER FOR
THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11-
4(B), and the Court having read the submissions, and heard argument, if any, and for good cause
shown;
IT IS, on this day of. , 2018
ORDERED that an Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11 (b)
shall issue to Mr. Hector Guzman; and it is further
ORDERED that this subpoena shall be forwarded to the appropriate person(s) and/or
entities for service of the subpoena upon Mr. Hector Guzman; and it is further
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 2 Trans ID: LCV20181677245
ORDERED that the deposition of Mr. Guzman shall occur at Dressler Law, 265 Meridan
Road, Waterbury Connecticut on November 2018 at LIAM.
ORDERED, that a copy of this Order shall be deemed served on all counsel of record via
e-courts.
JS.C.
Dated:
[ ] Opposed
[ ] Unopposed
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv. Civil Action
Z.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC|:
‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE
‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY
\CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE
IXYZ CORPS PROPERTY 4:11-4 (B)
IMAINTENANCE/ MANAGEMENT
ICOMPANY 1-10 (fictitious parties), QRS
1-10 PROPERTY SERVICE SUB
CONTRACTORS (fictitious parties),
Defendant(s).
To: Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
Ewan Clark, Esq
Law Office of Gerald Strachan
90 Woodbridge Center Drive Suite 330
Woodbridge, NJ 07095
Michael Della Rovere, Esq
O’Toole, Couch & Della Rovere LLC
14 Ridgedale Ave Suite 205
Cedar Knolls, NJ 07927
PLEASE TAKE NOTICE that the undersigned will move before the Court as follows:
DATE: Friday, October 12, 2018
TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be
heard
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245
PLACE: Superior Court of New Jersey
Law Division — Civil
10 Main Street
Hackensack, NJ
RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY
SUBPOENA UNDER NEW JERSEY RULE 4:11(B)
See Certification of Counsel annexed hereto.
ORAL ARGUMENT REQUESTED BY MOVANT: If opposed.
By: 2
Dated: 9-17-18 LY Peter J. De Frank
CERTIFICATION OF SERVICE
The originals of these papers have been electronically filed with the Clerk of the County where the
Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing.
A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such.
Service was made as permitted by R. 1:5-2 (a).
By:
Dated: 9-17-18 PETER DE FRANK, ESQ.
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
(GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv.
Civil Action
IZ.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC
E
‘ORPS 1-10 (fictitious parties), TUV
‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL
‘ONTRACTORS 1-10 (fictitious parties),
IXYZ CORPS PROPERTY
IMAINTENANCE/ MANAGEMENT
\COMPANY 1-10 (fictitious parties), QRS
il-10 PROPERTY SERVICE SUB
{CONTRACTORS (fictitious parties),
Defendant(s).
I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows:
I am an attorney at law in the State of New Jersey and am fully familiar with the facts and
circumstances surrounding the within matter.
This matter arises from a slip and fall accident due to snow and ice that occurred on or about
January 25, 2016. A complaint was filed on or about March 17, 2017.
Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017.
Defense counsel for MJP Realty filed an Answer on or about September 8, 2017.
Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP
Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was
paid for work regarding the security/ video surveillance system at the premises where
plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut.
There has been deposition testimony from Mercedes Peralta, a representative of both
defendants, that there were surveillance cameras on the premises on the date of the
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245
plaintiff's fall; however, no security video has been produced. The testimony of Mr.
Guzman is being requested as he may possess relevant information.
Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a,
Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur
on November 7, 2018 at 1LAM.
There is an arbitration date of November 1, 2018 in this matter. No trial date has been
scheduled.
As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New
Jersey Rule 4:11-4(b) be issued as to Hector Guzman.
[hereby certify that the foregoing statements made by me are true and that I am aware that if
any of the foregoing statements are willfully false, I am subject to punishment.
Dated: 9-20-18
» Lp Peer De Frank
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245
JOSEPH A. MASSOOD.
MASSOOD LAW GROUP, LLC OF COUNSEL,
PETER J. DE FRANK+ COLLEEN M. TERRY*
50 PACKANACK LAKE ROAD EAST
KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC!
SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304
DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470
DAVID B. ANGELUZZI~ 973-837-8880
DENNIS M. BAPTISTA- 973-837-8550-£
Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com
+NJ, NY and CT Bars
*NY Bar NY NO-FAULT
NJ and NY Bars 1248A Clintonville Street, 2» Floor
=NJ and WI Bars Whitestone, NY 11357
-Certified by the Supreme Court of 718-167-6100
New Jersey as a Worker's 718-767-6101-f
Compensation Law Attorney Email: nypipfile@massoodlaw.com
September 26, 2018
Motions Clerk-Civil
Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
RE: Crescimbini vs. MJP Realty, et al.
Docket No.: BER-L-1973-17
Dear Sir/Madam:
Kindly accept this letter-brief in lieu of a more formal submission in further
support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under
New Jersey Rule 4:11(b).
As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff
received Answers to a Notice to produce which identified Hector Guzman as a
man who was paid for work for the security/surveillance system in place at the
Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in
Connecticut. In conjunction with this motion, Plaintiff must comply with
Connecticut General Statutes for the taking of a deposition of a Connecticut
resident.
Connecticut General Statute Section 52-148e(f) states:
“Depositions of witnesses living in this state may be taken in like manner to
be used as evidence in a civil action or probate proceeding pending in any court of
the United States or of any other state of the United States or of any foreign
country, on application to the court in which such civil action or probate
proceeding is pending of any party to such civil action or probate proceeding. The
Superior Court shall have jurisdiction to quash or modify, or to enforce
compliance with, a subpoena issued for the taking of a deposition pursuant to this
subsection.”
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245
2|Page
September 20, 2018
Connecticut General Statute Section 52-148a(a) states:
“Any party in a civil action or probate proceeding may, after the
commencement of such action or proceeding, take the testimony of any person by
deposition.”
Connecticut General Statute Section 52-148b(a) states:
“No party may take the deposition of any person unless he has first given
reasonable written notice to each adverse party or his known agent or attorney of
the time and place for taking the deposition and the name and address of each
person to be examined, if known, and, if the name is not known, a general
description sufficient to identify him or the particular class or group to which he
belongs. Such notice shall be served by an indifferent person at the usual place of
abode of each person entitled to notice or by mailing such notice to him by
certified mail.”
The Plaintiff has complied with all of the notice requirements of the
Connecticut General Statutes. Mr. Guzman has been identified. Notice has been
sent to all parties in the present matter. The date, time and location for the
deposition is scheduled.
As such, it is respectfully requested that Plaintiff's Motion for the Issuance
of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted.
Respectfully Submitted,
Peter J. De Frank
Ce: Michael Della Rovere, Esq
Ewan Clark, Esq.
Honorable Rachelle Harz
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv. Civil Action
Z.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC|:
‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE
‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY
\CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE
IXYZ CORPS PROPERTY 4:11-4 (B)
IMAINTENANCE/ MANAGEMENT
ICOMPANY 1-10 (fictitious parties), QRS
1-10 PROPERTY SERVICE SUB
CONTRACTORS (fictitious parties),
Defendant(s).
To: Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
Ewan Clark, Esq
Law Office of Gerald Strachan
90 Woodbridge Center Drive Suite 330
Woodbridge, NJ 07095
Michael Della Rovere, Esq
O’Toole, Couch & Della Rovere LLC
14 Ridgedale Ave Suite 205
Cedar Knolls, NJ 07927
PLEASE TAKE NOTICE that the undersigned will move before the Court as follows:
DATE: Friday, October 12, 2018
TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be
heard
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245
PLACE: Superior Court of New Jersey
Law Division — Civil
10 Main Street
Hackensack, NJ
RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY
SUBPOENA UNDER NEW JERSEY RULE 4:11(B)
See Certification of Counsel annexed hereto.
ORAL ARGUMENT REQUESTED BY MOVANT: If opposed.
By: 2
Dated: 9-17-18 LY Peter J. De Frank
CERTIFICATION OF SERVICE
The originals of these papers have been electronically filed with the Clerk of the County where the
Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing.
A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such.
Service was made as permitted by R. 1:5-2 (a).
By:
Dated: 9-17-18 PETER DE FRANK, ESQ.
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
(GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv.
Civil Action
IZ.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC
E
‘ORPS 1-10 (fictitious parties), TUV
‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL
‘ONTRACTORS 1-10 (fictitious parties),
IXYZ CORPS PROPERTY
IMAINTENANCE/ MANAGEMENT
\COMPANY 1-10 (fictitious parties), QRS
il-10 PROPERTY SERVICE SUB
{CONTRACTORS (fictitious parties),
Defendant(s).
I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows:
I am an attorney at law in the State of New Jersey and am fully familiar with the facts and
circumstances surrounding the within matter.
This matter arises from a slip and fall accident due to snow and ice that occurred on or about
January 25, 2016. A complaint was filed on or about March 17, 2017.
Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017.
Defense counsel for MJP Realty filed an Answer on or about September 8, 2017.
Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP
Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was
paid for work regarding the security/ video surveillance system at the premises where
plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut.
There has been deposition testimony from Mercedes Peralta, a representative of both
defendants, that there were surveillance cameras on the premises on the date of the
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245
plaintiff's fall; however, no security video has been produced. The testimony of Mr.
Guzman is being requested as he may possess relevant information.
Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a,
Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur
on November 7, 2018 at 1LAM.
There is an arbitration date of November 1, 2018 in this matter. No trial date has been
scheduled.
As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New
Jersey Rule 4:11-4(b) be issued as to Hector Guzman.
[hereby certify that the foregoing statements made by me are true and that I am aware that if
any of the foregoing statements are willfully false, I am subject to punishment.
Dated: 9-20-18
» Lp Peer De Frank
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245
JOSEPH A. MASSOOD.
MASSOOD LAW GROUP, LLC OF COUNSEL,
PETER J. DE FRANK+ COLLEEN M. TERRY*
50 PACKANACK LAKE ROAD EAST
KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC!
SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304
DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470
DAVID B. ANGELUZZI~ 973-837-8880
DENNIS M. BAPTISTA- 973-837-8550-£
Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com
+NJ, NY and CT Bars
*NY Bar NY NO-FAULT
NJ and NY Bars 1248A Clintonville Street, 2» Floor
=NJ and WI Bars Whitestone, NY 11357
-Certified by the Supreme Court of 718-167-6100
New Jersey as a Worker's 718-767-6101-f
Compensation Law Attorney Email: nypipfile@massoodlaw.com
September 26, 2018
Motions Clerk-Civil
Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
RE: Crescimbini vs. MJP Realty, et al.
Docket No.: BER-L-1973-17
Dear Sir/Madam:
Kindly accept this letter-brief in lieu of a more formal submission in further
support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under
New Jersey Rule 4:11(b).
As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff
received Answers to a Notice to produce which identified Hector Guzman as a
man who was paid for work for the security/surveillance system in place at the
Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in
Connecticut. In conjunction with this motion, Plaintiff must comply with
Connecticut General Statutes for the taking of a deposition of a Connecticut
resident.
Connecticut General Statute Section 52-148e(f) states:
“Depositions of witnesses living in this state may be taken in like manner to
be used as evidence in a civil action or probate proceeding pending in any court of
the United States or of any other state of the United States or of any foreign
country, on application to the court in which such civil action or probate
proceeding is pending of any party to such civil action or probate proceeding. The
Superior Court shall have jurisdiction to quash or modify, or to enforce
compliance with, a subpoena issued for the taking of a deposition pursuant to this
subsection.”
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245
2|Page
September 20, 2018
Connecticut General Statute Section 52-148a(a) states:
“Any party in a civil action or probate proceeding may, after the
commencement of such action or proceeding, take the testimony of any person by
deposition.”
Connecticut General Statute Section 52-148b(a) states:
“No party may take the deposition of any person unless he has first given
reasonable written notice to each adverse party or his known agent or attorney of
the time and place for taking the deposition and the name and address of each
person to be examined, if known, and, if the name is not known, a general
description sufficient to identify him or the particular class or group to which he
belongs. Such notice shall be served by an indifferent person at the usual place of
abode of each person entitled to notice or by mailing such notice to him by
certified mail.”
The Plaintiff has complied with all of the notice requirements of the
Connecticut General Statutes. Mr. Guzman has been identified. Notice has been
sent to all parties in the present matter. The date, time and location for the
deposition is scheduled.
As such, it is respectfully requested that Plaintiff's Motion for the Issuance
of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted.
Respectfully Submitted,
Peter J. De Frank
Ce: Michael Della Rovere, Esq
Ewan Clark, Esq.
Honorable Rachelle Harz
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv. Civil Action
Z.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC|:
‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE
‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY
\CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE
IXYZ CORPS PROPERTY 4:11-4 (B)
IMAINTENANCE/ MANAGEMENT
ICOMPANY 1-10 (fictitious parties), QRS
1-10 PROPERTY SERVICE SUB
CONTRACTORS (fictitious parties),
Defendant(s).
To: Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
Ewan Clark, Esq
Law Office of Gerald Strachan
90 Woodbridge Center Drive Suite 330
Woodbridge, NJ 07095
Michael Della Rovere, Esq
O’Toole, Couch & Della Rovere LLC
14 Ridgedale Ave Suite 205
Cedar Knolls, NJ 07927
PLEASE TAKE NOTICE that the undersigned will move before the Court as follows:
DATE: Friday, October 12, 2018
TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be
heard
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245
PLACE: Superior Court of New Jersey
Law Division — Civil
10 Main Street
Hackensack, NJ
RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY
SUBPOENA UNDER NEW JERSEY RULE 4:11(B)
See Certification of Counsel annexed hereto.
ORAL ARGUMENT REQUESTED BY MOVANT: If opposed.
By: 2
Dated: 9-17-18 LY Peter J. De Frank
CERTIFICATION OF SERVICE
The originals of these papers have been electronically filed with the Clerk of the County where the
Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing.
A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such.
Service was made as permitted by R. 1:5-2 (a).
By:
Dated: 9-17-18 PETER DE FRANK, ESQ.
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245
MASSOOD LAW GROUP LLC
50 Packanack Lake Road
Wayne, NJ 07470
973-696-1900
PETER DE FRANK, ESQ. -035282007
Attorneys for Plaintiff(s)
(GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO. L-1973-17
Vv.
Civil Action
IZ.P. REALTY, LLC; MJP REALTY INC.
JOHN DOES 1-10 (fictitious parties),
JANE DOES 1-10 (fictitious parties), ABC
E
‘ORPS 1-10 (fictitious parties), TUV
‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL
‘ONTRACTORS 1-10 (fictitious parties),
IXYZ CORPS PROPERTY
IMAINTENANCE/ MANAGEMENT
\COMPANY 1-10 (fictitious parties), QRS
il-10 PROPERTY SERVICE SUB
{CONTRACTORS (fictitious parties),
Defendant(s).
I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows:
I am an attorney at law in the State of New Jersey and am fully familiar with the facts and
circumstances surrounding the within matter.
This matter arises from a slip and fall accident due to snow and ice that occurred on or about
January 25, 2016. A complaint was filed on or about March 17, 2017.
Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017.
Defense counsel for MJP Realty filed an Answer on or about September 8, 2017.
Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP
Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was
paid for work regarding the security/ video surveillance system at the premises where
plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut.
There has been deposition testimony from Mercedes Peralta, a representative of both
defendants, that there were surveillance cameras on the premises on the date of the
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245
plaintiff's fall; however, no security video has been produced. The testimony of Mr.
Guzman is being requested as he may possess relevant information.
Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a,
Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur
on November 7, 2018 at 1LAM.
There is an arbitration date of November 1, 2018 in this matter. No trial date has been
scheduled.
As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New
Jersey Rule 4:11-4(b) be issued as to Hector Guzman.
[hereby certify that the foregoing statements made by me are true and that I am aware that if
any of the foregoing statements are willfully false, I am subject to punishment.
Dated: 9-20-18
» Lp Peer De Frank
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245
JOSEPH A. MASSOOD.
MASSOOD LAW GROUP, LLC OF COUNSEL,
PETER J. DE FRANK+ COLLEEN M. TERRY*
50 PACKANACK LAKE ROAD EAST
KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC!
SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304
DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470
DAVID B. ANGELUZZI~ 973-837-8880
DENNIS M. BAPTISTA- 973-837-8550-£
Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com
+NJ, NY and CT Bars
*NY Bar NY NO-FAULT
NJ and NY Bars 1248A Clintonville Street, 2» Floor
=NJ and WI Bars Whitestone, NY 11357
-Certified by the Supreme Court of 718-167-6100
New Jersey as a Worker's 718-767-6101-f
Compensation Law Attorney Email: nypipfile@massoodlaw.com
September 26, 2018
Motions Clerk-Civil
Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601
RE: Crescimbini vs. MJP Realty, et al.
Docket No.: BER-L-1973-17
Dear Sir/Madam:
Kindly accept this letter-brief in lieu of a more formal submission in further
support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under
New Jersey Rule 4:11(b).
As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff
received Answers to a Notice to produce which identified Hector Guzman as a
man who was paid for work for the security/surveillance system in place at the
Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in
Connecticut. In conjunction with this motion, Plaintiff must comply with
Connecticut General Statutes for the taking of a deposition of a Connecticut
resident.
Connecticut General Statute Section 52-148e(f) states:
“Depositions of witnesses living in this state may be taken in like manner to
be used as evidence in a civil action or probate proceeding pending in any court of
the United States or of any other state of the United States or of any foreign
country, on application to the court in which such civil action or probate
proceeding is pending of any party to such civil action or probate proceeding. The
Superior Court shall have jurisdiction to quash or modify, or to enforce
compliance with, a subpoena issued for the taking of a deposition pursuant to this
subsection.”
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245
2|Page
September 20, 2018
Connecticut General Statute Section 52-148a(a) states:
“Any party in a civil action or probate proceeding may, after the
commencement of such action or proceeding, take the testimony of any person by
deposition.”
Connecticut General Statute Section 52-148b(a) states:
“No party may take the deposition of any person unless he has first given
reasonable written notice to each adverse party or his known agent or attorney of
the time and place for taking the deposition and the name and address of each
person to be examined, if known, and, if the name is not known, a general
description sufficient to identify him or the particular class or group to which he
belongs. Such notice shall be served by an indifferent person at the usual place of
abode of each person entitled to notice or by mailing such notice to him by
certified mail.”
The Plaintiff has complied with all of the notice requirements of the
Connecticut General Statutes. Mr. Guzman has been identified. Notice has been
sent to all parties in the present matter. The date, time and location for the
deposition is scheduled.
As such, it is respectfully requested that Plaintiff's Motion for the Issuance
of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted.
Respectfully Submitted,
Peter J. De Frank
Ce: Michael Della Rovere, Esq
Ewan Clark, Esq.
Honorable Rachelle Harz
Preview
BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action Z.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC|: ‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE ‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY \CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE IXYZ CORPS PROPERTY 4:11-4 (B) IMAINTENANCE/ MANAGEMENT ICOMPANY 1-10 (fictitious parties), QRS 1-10 PROPERTY SERVICE SUB CONTRACTORS (fictitious parties), Defendant(s). To: Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 Ewan Clark, Esq Law Office of Gerald Strachan 90 Woodbridge Center Drive Suite 330 Woodbridge, NJ 07095 Michael Della Rovere, Esq O’Toole, Couch & Della Rovere LLC 14 Ridgedale Ave Suite 205 Cedar Knolls, NJ 07927 PLEASE TAKE NOTICE that the undersigned will move before the Court as follows: DATE: Friday, October 12, 2018 TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be heard BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245 PLACE: Superior Court of New Jersey Law Division — Civil 10 Main Street Hackensack, NJ RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11(B) See Certification of Counsel annexed hereto. ORAL ARGUMENT REQUESTED BY MOVANT: If opposed. By: 2 Dated: 9-17-18 LY Peter J. De Frank CERTIFICATION OF SERVICE The originals of these papers have been electronically filed with the Clerk of the County where the Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing. A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such. Service was made as permitted by R. 1:5-2 (a). By: Dated: 9-17-18 PETER DE FRANK, ESQ. BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) (GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action IZ.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC E ‘ORPS 1-10 (fictitious parties), TUV ‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL ‘ONTRACTORS 1-10 (fictitious parties), IXYZ CORPS PROPERTY IMAINTENANCE/ MANAGEMENT \COMPANY 1-10 (fictitious parties), QRS il-10 PROPERTY SERVICE SUB {CONTRACTORS (fictitious parties), Defendant(s). I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows: I am an attorney at law in the State of New Jersey and am fully familiar with the facts and circumstances surrounding the within matter. This matter arises from a slip and fall accident due to snow and ice that occurred on or about January 25, 2016. A complaint was filed on or about March 17, 2017. Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017. Defense counsel for MJP Realty filed an Answer on or about September 8, 2017. Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was paid for work regarding the security/ video surveillance system at the premises where plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut. There has been deposition testimony from Mercedes Peralta, a representative of both defendants, that there were surveillance cameras on the premises on the date of the BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245 plaintiff's fall; however, no security video has been produced. The testimony of Mr. Guzman is being requested as he may possess relevant information. Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a, Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur on November 7, 2018 at 1LAM. There is an arbitration date of November 1, 2018 in this matter. No trial date has been scheduled. As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4(b) be issued as to Hector Guzman. [hereby certify that the foregoing statements made by me are true and that I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Dated: 9-20-18 » Lp Peer De Frank BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245 JOSEPH A. MASSOOD. MASSOOD LAW GROUP, LLC OF COUNSEL, PETER J. DE FRANK+ COLLEEN M. TERRY* 50 PACKANACK LAKE ROAD EAST KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC! SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304 DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470 DAVID B. ANGELUZZI~ 973-837-8880 DENNIS M. BAPTISTA- 973-837-8550-£ Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com +NJ, NY and CT Bars *NY Bar NY NO-FAULT NJ and NY Bars 1248A Clintonville Street, 2» Floor =NJ and WI Bars Whitestone, NY 11357 -Certified by the Supreme Court of 718-167-6100 New Jersey as a Worker's 718-767-6101-f Compensation Law Attorney Email: nypipfile@massoodlaw.com September 26, 2018 Motions Clerk-Civil Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 RE: Crescimbini vs. MJP Realty, et al. Docket No.: BER-L-1973-17 Dear Sir/Madam: Kindly accept this letter-brief in lieu of a more formal submission in further support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11(b). As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff received Answers to a Notice to produce which identified Hector Guzman as a man who was paid for work for the security/surveillance system in place at the Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in Connecticut. In conjunction with this motion, Plaintiff must comply with Connecticut General Statutes for the taking of a deposition of a Connecticut resident. Connecticut General Statute Section 52-148e(f) states: “Depositions of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.” BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245 2|Page September 20, 2018 Connecticut General Statute Section 52-148a(a) states: “Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.” Connecticut General Statute Section 52-148b(a) states: “No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.” The Plaintiff has complied with all of the notice requirements of the Connecticut General Statutes. Mr. Guzman has been identified. Notice has been sent to all parties in the present matter. The date, time and location for the deposition is scheduled. As such, it is respectfully requested that Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted. Respectfully Submitted, Peter J. De Frank Ce: Michael Della Rovere, Esq Ewan Clark, Esq. Honorable Rachelle Harz BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 2 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) (GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintifi(s), DOCKET NO. L-1973-16 V. Civil Action IZ.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC ICORPS 1-10 (fictitious parties), TUV ICORPS SNOW/ICE REMOVAL ORDER CONTRACTORS 1-10 (fictitious parties), XYZ CORPS PROPERTY IMAINTENANCE/ MANAGEMENT ICOMPANY 1-10 (fictitious parties), QRS l-10 PROPERTY SERVICE SUB (CONTRACTORS (fictitious parties), Defendant(s). THIS MATTER, having been opened to the Court by MASSOOD LAW GROUP, LLC. attorneys for Plaintiff, on notice to all counsel of record, on application for an ORDER FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11- 4(B), and the Court having read the submissions, and heard argument, if any, and for good cause shown; IT IS, on this day of. , 2018 ORDERED that an Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11 (b) shall issue to Mr. Hector Guzman; and it is further ORDERED that this subpoena shall be forwarded to the appropriate person(s) and/or entities for service of the subpoena upon Mr. Hector Guzman; and it is further BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 2 Trans ID: LCV20181677245 ORDERED that the deposition of Mr. Guzman shall occur at Dressler Law, 265 Meridan Road, Waterbury Connecticut on November 2018 at LIAM. ORDERED, that a copy of this Order shall be deemed served on all counsel of record via e-courts. JS.C. Dated: [ ] Opposed [ ] Unopposed BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action Z.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC|: ‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE ‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY \CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE IXYZ CORPS PROPERTY 4:11-4 (B) IMAINTENANCE/ MANAGEMENT ICOMPANY 1-10 (fictitious parties), QRS 1-10 PROPERTY SERVICE SUB CONTRACTORS (fictitious parties), Defendant(s). To: Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 Ewan Clark, Esq Law Office of Gerald Strachan 90 Woodbridge Center Drive Suite 330 Woodbridge, NJ 07095 Michael Della Rovere, Esq O’Toole, Couch & Della Rovere LLC 14 Ridgedale Ave Suite 205 Cedar Knolls, NJ 07927 PLEASE TAKE NOTICE that the undersigned will move before the Court as follows: DATE: Friday, October 12, 2018 TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be heard BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245 PLACE: Superior Court of New Jersey Law Division — Civil 10 Main Street Hackensack, NJ RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11(B) See Certification of Counsel annexed hereto. ORAL ARGUMENT REQUESTED BY MOVANT: If opposed. By: 2 Dated: 9-17-18 LY Peter J. De Frank CERTIFICATION OF SERVICE The originals of these papers have been electronically filed with the Clerk of the County where the Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing. A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such. Service was made as permitted by R. 1:5-2 (a). By: Dated: 9-17-18 PETER DE FRANK, ESQ. BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) (GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action IZ.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC E ‘ORPS 1-10 (fictitious parties), TUV ‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL ‘ONTRACTORS 1-10 (fictitious parties), IXYZ CORPS PROPERTY IMAINTENANCE/ MANAGEMENT \COMPANY 1-10 (fictitious parties), QRS il-10 PROPERTY SERVICE SUB {CONTRACTORS (fictitious parties), Defendant(s). I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows: I am an attorney at law in the State of New Jersey and am fully familiar with the facts and circumstances surrounding the within matter. This matter arises from a slip and fall accident due to snow and ice that occurred on or about January 25, 2016. A complaint was filed on or about March 17, 2017. Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017. Defense counsel for MJP Realty filed an Answer on or about September 8, 2017. Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was paid for work regarding the security/ video surveillance system at the premises where plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut. There has been deposition testimony from Mercedes Peralta, a representative of both defendants, that there were surveillance cameras on the premises on the date of the BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245 plaintiff's fall; however, no security video has been produced. The testimony of Mr. Guzman is being requested as he may possess relevant information. Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a, Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur on November 7, 2018 at 1LAM. There is an arbitration date of November 1, 2018 in this matter. No trial date has been scheduled. As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4(b) be issued as to Hector Guzman. [hereby certify that the foregoing statements made by me are true and that I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Dated: 9-20-18 » Lp Peer De Frank BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245 JOSEPH A. MASSOOD. MASSOOD LAW GROUP, LLC OF COUNSEL, PETER J. DE FRANK+ COLLEEN M. TERRY* 50 PACKANACK LAKE ROAD EAST KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC! SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304 DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470 DAVID B. ANGELUZZI~ 973-837-8880 DENNIS M. BAPTISTA- 973-837-8550-£ Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com +NJ, NY and CT Bars *NY Bar NY NO-FAULT NJ and NY Bars 1248A Clintonville Street, 2» Floor =NJ and WI Bars Whitestone, NY 11357 -Certified by the Supreme Court of 718-167-6100 New Jersey as a Worker's 718-767-6101-f Compensation Law Attorney Email: nypipfile@massoodlaw.com September 26, 2018 Motions Clerk-Civil Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 RE: Crescimbini vs. MJP Realty, et al. Docket No.: BER-L-1973-17 Dear Sir/Madam: Kindly accept this letter-brief in lieu of a more formal submission in further support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11(b). As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff received Answers to a Notice to produce which identified Hector Guzman as a man who was paid for work for the security/surveillance system in place at the Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in Connecticut. In conjunction with this motion, Plaintiff must comply with Connecticut General Statutes for the taking of a deposition of a Connecticut resident. Connecticut General Statute Section 52-148e(f) states: “Depositions of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.” BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245 2|Page September 20, 2018 Connecticut General Statute Section 52-148a(a) states: “Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.” Connecticut General Statute Section 52-148b(a) states: “No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.” The Plaintiff has complied with all of the notice requirements of the Connecticut General Statutes. Mr. Guzman has been identified. Notice has been sent to all parties in the present matter. The date, time and location for the deposition is scheduled. As such, it is respectfully requested that Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted. Respectfully Submitted, Peter J. De Frank Ce: Michael Della Rovere, Esq Ewan Clark, Esq. Honorable Rachelle Harz BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action Z.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC|: ‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE ‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY \CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE IXYZ CORPS PROPERTY 4:11-4 (B) IMAINTENANCE/ MANAGEMENT ICOMPANY 1-10 (fictitious parties), QRS 1-10 PROPERTY SERVICE SUB CONTRACTORS (fictitious parties), Defendant(s). To: Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 Ewan Clark, Esq Law Office of Gerald Strachan 90 Woodbridge Center Drive Suite 330 Woodbridge, NJ 07095 Michael Della Rovere, Esq O’Toole, Couch & Della Rovere LLC 14 Ridgedale Ave Suite 205 Cedar Knolls, NJ 07927 PLEASE TAKE NOTICE that the undersigned will move before the Court as follows: DATE: Friday, October 12, 2018 TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be heard BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245 PLACE: Superior Court of New Jersey Law Division — Civil 10 Main Street Hackensack, NJ RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11(B) See Certification of Counsel annexed hereto. ORAL ARGUMENT REQUESTED BY MOVANT: If opposed. By: 2 Dated: 9-17-18 LY Peter J. De Frank CERTIFICATION OF SERVICE The originals of these papers have been electronically filed with the Clerk of the County where the Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing. A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such. Service was made as permitted by R. 1:5-2 (a). By: Dated: 9-17-18 PETER DE FRANK, ESQ. BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) (GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action IZ.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC E ‘ORPS 1-10 (fictitious parties), TUV ‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL ‘ONTRACTORS 1-10 (fictitious parties), IXYZ CORPS PROPERTY IMAINTENANCE/ MANAGEMENT \COMPANY 1-10 (fictitious parties), QRS il-10 PROPERTY SERVICE SUB {CONTRACTORS (fictitious parties), Defendant(s). I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows: I am an attorney at law in the State of New Jersey and am fully familiar with the facts and circumstances surrounding the within matter. This matter arises from a slip and fall accident due to snow and ice that occurred on or about January 25, 2016. A complaint was filed on or about March 17, 2017. Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017. Defense counsel for MJP Realty filed an Answer on or about September 8, 2017. Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was paid for work regarding the security/ video surveillance system at the premises where plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut. There has been deposition testimony from Mercedes Peralta, a representative of both defendants, that there were surveillance cameras on the premises on the date of the BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245 plaintiff's fall; however, no security video has been produced. The testimony of Mr. Guzman is being requested as he may possess relevant information. Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a, Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur on November 7, 2018 at 1LAM. There is an arbitration date of November 1, 2018 in this matter. No trial date has been scheduled. As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4(b) be issued as to Hector Guzman. [hereby certify that the foregoing statements made by me are true and that I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Dated: 9-20-18 » Lp Peer De Frank BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245 JOSEPH A. MASSOOD. MASSOOD LAW GROUP, LLC OF COUNSEL, PETER J. DE FRANK+ COLLEEN M. TERRY* 50 PACKANACK LAKE ROAD EAST KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC! SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304 DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470 DAVID B. ANGELUZZI~ 973-837-8880 DENNIS M. BAPTISTA- 973-837-8550-£ Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com +NJ, NY and CT Bars *NY Bar NY NO-FAULT NJ and NY Bars 1248A Clintonville Street, 2» Floor =NJ and WI Bars Whitestone, NY 11357 -Certified by the Supreme Court of 718-167-6100 New Jersey as a Worker's 718-767-6101-f Compensation Law Attorney Email: nypipfile@massoodlaw.com September 26, 2018 Motions Clerk-Civil Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 RE: Crescimbini vs. MJP Realty, et al. Docket No.: BER-L-1973-17 Dear Sir/Madam: Kindly accept this letter-brief in lieu of a more formal submission in further support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11(b). As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff received Answers to a Notice to produce which identified Hector Guzman as a man who was paid for work for the security/surveillance system in place at the Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in Connecticut. In conjunction with this motion, Plaintiff must comply with Connecticut General Statutes for the taking of a deposition of a Connecticut resident. Connecticut General Statute Section 52-148e(f) states: “Depositions of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.” BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245 2|Page September 20, 2018 Connecticut General Statute Section 52-148a(a) states: “Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.” Connecticut General Statute Section 52-148b(a) states: “No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.” The Plaintiff has complied with all of the notice requirements of the Connecticut General Statutes. Mr. Guzman has been identified. Notice has been sent to all parties in the present matter. The date, time and location for the deposition is scheduled. As such, it is respectfully requested that Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted. Respectfully Submitted, Peter J. De Frank Ce: Michael Della Rovere, Esq Ewan Clark, Esq. Honorable Rachelle Harz BER-L-001973-17 09/26/2018 1:27:57 PM Pg 1 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) IGIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action Z.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC|: ‘ORPS 1-10 (fictitious parties), TUV NOTICE OF MOTION FOR THE ‘ORPS SNOW/ICE REMOVAL ISSUANCE OF A NEW JERSEY \CONTRACTORS 1-10 (fictitious parties), | SUBPOENA UNDER NEW JERSEY RULE IXYZ CORPS PROPERTY 4:11-4 (B) IMAINTENANCE/ MANAGEMENT ICOMPANY 1-10 (fictitious parties), QRS 1-10 PROPERTY SERVICE SUB CONTRACTORS (fictitious parties), Defendant(s). To: Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 Ewan Clark, Esq Law Office of Gerald Strachan 90 Woodbridge Center Drive Suite 330 Woodbridge, NJ 07095 Michael Della Rovere, Esq O’Toole, Couch & Della Rovere LLC 14 Ridgedale Ave Suite 205 Cedar Knolls, NJ 07927 PLEASE TAKE NOTICE that the undersigned will move before the Court as follows: DATE: Friday, October 12, 2018 TIME: 9:00 A.M. or as soon thereafter as counsel for Plaintiff may be heard BER-L-001973-17 09/26/2018 1:27:57 PM Pg 2 of 6 Trans ID: LCV20181677245 PLACE: Superior Court of New Jersey Law Division — Civil 10 Main Street Hackensack, NJ RELIEF SOUGHT: ORDER FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11(B) See Certification of Counsel annexed hereto. ORAL ARGUMENT REQUESTED BY MOVANT: If opposed. By: 2 Dated: 9-17-18 LY Peter J. De Frank CERTIFICATION OF SERVICE The originals of these papers have been electronically filed with the Clerk of the County where the Motion is to be heard. Copies of said filings and being served on all counsel of records via e-filing. A copy of these papers has been served on those persons designated by R. 1:5-1 (a) for such. Service was made as permitted by R. 1:5-2 (a). By: Dated: 9-17-18 PETER DE FRANK, ESQ. BER-L-001973-17 09/26/2018 1:27:57 PM Pg 3 of 6 Trans ID: LCV20181677245 MASSOOD LAW GROUP LLC 50 Packanack Lake Road Wayne, NJ 07470 973-696-1900 PETER DE FRANK, ESQ. -035282007 Attorneys for Plaintiff(s) (GIOVANNA CRESCIMBENI, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO. L-1973-17 Vv. Civil Action IZ.P. REALTY, LLC; MJP REALTY INC. JOHN DOES 1-10 (fictitious parties), JANE DOES 1-10 (fictitious parties), ABC E ‘ORPS 1-10 (fictitious parties), TUV ‘ORPS SNOW/ICE REMOVAL CERTIFICATION OF COUNSEL ‘ONTRACTORS 1-10 (fictitious parties), IXYZ CORPS PROPERTY IMAINTENANCE/ MANAGEMENT \COMPANY 1-10 (fictitious parties), QRS il-10 PROPERTY SERVICE SUB {CONTRACTORS (fictitious parties), Defendant(s). I, PETER DE FRANK, ESQ., being of full age, hereby certify as follows: I am an attorney at law in the State of New Jersey and am fully familiar with the facts and circumstances surrounding the within matter. This matter arises from a slip and fall accident due to snow and ice that occurred on or about January 25, 2016. A complaint was filed on or about March 17, 2017. Defense counsel for Z.P. Realty filed an Answer on or about May 19, 2017. Defense counsel for MJP Realty filed an Answer on or about September 8, 2017. Just recently on 9/4/2018 in response to Plaintiff's Second Notice to Produce, Defendant ZP Realty LLC produced a copy of a cancelled check which revealed that Hector Guzman was paid for work regarding the security/ video surveillance system at the premises where plaintiff fell. Mr. Guzman resides at 14 Laurel Street, Waterbury, Connecticut. There has been deposition testimony from Mercedes Peralta, a representative of both defendants, that there were surveillance cameras on the premises on the date of the BER-L-001973-17 09/26/2018 1:27:57 PM Pg 4 of 6 Trans ID: LCV20181677245 plaintiff's fall; however, no security video has been produced. The testimony of Mr. Guzman is being requested as he may possess relevant information. Pursuant to the notice requirements of Connecticut General Statutes Section 52-148a, Section 52-148b, and Section 52-148e(f), the deposition of Mr. Hector Guzman is to occur on November 7, 2018 at 1LAM. There is an arbitration date of November 1, 2018 in this matter. No trial date has been scheduled. As such, it is respectfully requested that a Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4(b) be issued as to Hector Guzman. [hereby certify that the foregoing statements made by me are true and that I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Dated: 9-20-18 » Lp Peer De Frank BER-L-001973-17 09/26/2018 1:27:57 PM Pg 5 of 6 Trans ID: LCV20181677245 JOSEPH A. MASSOOD. MASSOOD LAW GROUP, LLC OF COUNSEL, PETER J. DE FRANK+ COLLEEN M. TERRY* 50 PACKANACK LAKE ROAD EAST KIM E, SPARANO Wayne, New Jersey 07470-6663 JALESI OFFIC! SCOTT F. DIENER (973) 696-1900 30 Galesi Drive, Suite 304 DEBRA A. LEONE* Fax (973) 696-4211 Wayne, NJ.07470 DAVID B. ANGELUZZI~ 973-837-8880 DENNIS M. BAPTISTA- 973-837-8550-£ Email: MAIL@MASSOODLAW.COM Email: pipfle@massoodlaw.com +NJ, NY and CT Bars *NY Bar NY NO-FAULT NJ and NY Bars 1248A Clintonville Street, 2» Floor =NJ and WI Bars Whitestone, NY 11357 -Certified by the Supreme Court of 718-167-6100 New Jersey as a Worker's 718-767-6101-f Compensation Law Attorney Email: nypipfile@massoodlaw.com September 26, 2018 Motions Clerk-Civil Bergen County Superior Court 10 Main Street Hackensack, NJ 07601 RE: Crescimbini vs. MJP Realty, et al. Docket No.: BER-L-1973-17 Dear Sir/Madam: Kindly accept this letter-brief in lieu of a more formal submission in further support of Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11(b). As set forth in Plaintiff's moving papers, on September 4, 2018, Plaintiff received Answers to a Notice to produce which identified Hector Guzman as a man who was paid for work for the security/surveillance system in place at the Defendants’ premises at the time of Plaintiffs fall. Mr. Guzman resides in Connecticut. In conjunction with this motion, Plaintiff must comply with Connecticut General Statutes for the taking of a deposition of a Connecticut resident. Connecticut General Statute Section 52-148e(f) states: “Depositions of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.” BER-L-001973-17 09/26/2018 1:27:57 PM Pg 6 of 6 Trans ID: LCV20181677245 2|Page September 20, 2018 Connecticut General Statute Section 52-148a(a) states: “Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.” Connecticut General Statute Section 52-148b(a) states: “No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.” The Plaintiff has complied with all of the notice requirements of the Connecticut General Statutes. Mr. Guzman has been identified. Notice has been sent to all parties in the present matter. The date, time and location for the deposition is scheduled. As such, it is respectfully requested that Plaintiff's Motion for the Issuance of a New Jersey Subpoena Under New jersey Rule 4:11-4(b) be granted. Respectfully Submitted, Peter J. De Frank Ce: Michael Della Rovere, Esq Ewan Clark, Esq. Honorable Rachelle Harz