Preview
FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________----------------------------------------------------X
LYNETTE DOWLING, Index No. 505425/2022(ECF)
Plaintiff,
- against - REPLY AFFIRMATION
VALENTIN TAKVORIAN, RICHARD MONTI and
ERIN TORRE,
Defendants.
_________________________________________Ç
BRUCE NEWBOROUGH, ESQ., an attorney admitted to practice in this state, affirms
that the following statements are true under the penalties of pedury:
1. I am a member of The LAW OFFICES OF BRUCE NEWBOROUGH, PC
attorney for Plaintiff LYNETTE DOWLING in the above entitled action and am familiar with
Defendants'
the facts surrounding this application. I submit this affirmation in reply to the
Defendants'
Affirmation in Opposition to Plaintiff's Motion to Strike and/or Compel deposition.
Defendants'
2. claim that they have been more than willing to produce a witness for a
deposition. However, that is incorrect there has been a Preliminary Conference and Compliance
Conference Orders in this matter directing the Defendants to appear for a deposition and numerous
e-mails between both parties as stated, in detail, in plaintiffs original moving papers (See Exhibits
"F"
"E", and "G").
3. Defendants have failed to show a reasonable excuse for failure to produce their
witness, VALENTIN TAKVORIAN.
WHEREFORE, the reasons set forth above and the reasons set forth in our original motion
to strike the Answer of Defendants for their failure to provide Court ordered discovery and/or
compelling said defendant VALENTIN TAKVORIAN to appear for his depositions by date certain
1 of 4
FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023
or be precluded from testifying at trial, it is respectfully requested that Plaintiffs motion be granted
in its entirety, together with such other and further relief as to this Court seems just and proper.
DATED: Brooklyn, New York
July 31, 2023
Yours etc.,
By: BRUCE NEWBOROUGH, ESQ.
The Law Office of Bruce A. Newborough
Attorneys for Plaintiff
LYNETTE DOWLING
2104 Flatbush Avenue
Brooklyn, New York 11234
(718) 701-8826
TO: EUSTACE, PREZIOSO & YAPCHANYK
Attomeys for DEFENDANTS VALENTIN TAKVORIAN,
RICHARD MONTI and ERIN TORRE
28*
55 Water Street, Floor
New York, New York 10041
(212) 612-4200
.
2 of 4
FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023
AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF KINGS ss.:
YESENIA OLMEDO, being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Kings County in
the State of New York.
That on July 31, 2023, I served a true copy of the annexed VIA E-FILING:
REPLY AFFIRMATION
on July 31, 2023, upon
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for DEFENDANTS VALENTIN TAKVORIAN,
RICHARD MONTI and ERIN TORRE
28*
55 Water Street, Floor
New York, New York 10041
(212) 612-4200
Hereto at the e-mail addresses designated by said attorneys for that purpose, by electronically
filing said documents through the New York State Courts Electronic filing system ("NYSCEF")
for the case pending in the Supreme Court, Kings County under Index No.:505435/2022 (ECF).
ESENIA OLMEDO
Swoyto before me this
3 0 day of July, 2023
Notary Public
ROSEANN TALIERCIO
of New York
Notary Public, State
Reg. No. 01TA6414703
Qualified in Kings County
Commission Expires March 1, 2
3 of 4
FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023
Index No. 505425/2-22
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LYNETTE DOWLING,
Plaintiff,
- against -
VALENTIN TAKVORIAN, RICHARD MONTI and
ERIN TORRE,
Defendants.
REPLY AFFIRMATION
LAW OFFICES OF BRUCE NEWBOROUGH, PC
Attorneys for Plaintiff
2104 Flatbush Avenue
Brooklyn, New York 11234
(718)701-8826
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Bruce A. Newborough, Esq.
.............................................................
Attorney(s) for Plaintiff
4 of 4
Preview
FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________----------------------------------------------------X LYNETTE DOWLING, Index No. 505425/2022(ECF) Plaintiff, - against - REPLY AFFIRMATION VALENTIN TAKVORIAN, RICHARD MONTI and ERIN TORRE, Defendants. _________________________________________Ç BRUCE NEWBOROUGH, ESQ., an attorney admitted to practice in this state, affirms that the following statements are true under the penalties of pedury: 1. I am a member of The LAW OFFICES OF BRUCE NEWBOROUGH, PC attorney for Plaintiff LYNETTE DOWLING in the above entitled action and am familiar with Defendants' the facts surrounding this application. I submit this affirmation in reply to the Defendants' Affirmation in Opposition to Plaintiff's Motion to Strike and/or Compel deposition. Defendants' 2. claim that they have been more than willing to produce a witness for a deposition. However, that is incorrect there has been a Preliminary Conference and Compliance Conference Orders in this matter directing the Defendants to appear for a deposition and numerous e-mails between both parties as stated, in detail, in plaintiffs original moving papers (See Exhibits "F" "E", and "G"). 3. Defendants have failed to show a reasonable excuse for failure to produce their witness, VALENTIN TAKVORIAN. WHEREFORE, the reasons set forth above and the reasons set forth in our original motion to strike the Answer of Defendants for their failure to provide Court ordered discovery and/or compelling said defendant VALENTIN TAKVORIAN to appear for his depositions by date certain 1 of 4 FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023 or be precluded from testifying at trial, it is respectfully requested that Plaintiffs motion be granted in its entirety, together with such other and further relief as to this Court seems just and proper. DATED: Brooklyn, New York July 31, 2023 Yours etc., By: BRUCE NEWBOROUGH, ESQ. The Law Office of Bruce A. Newborough Attorneys for Plaintiff LYNETTE DOWLING 2104 Flatbush Avenue Brooklyn, New York 11234 (718) 701-8826 TO: EUSTACE, PREZIOSO & YAPCHANYK Attomeys for DEFENDANTS VALENTIN TAKVORIAN, RICHARD MONTI and ERIN TORRE 28* 55 Water Street, Floor New York, New York 10041 (212) 612-4200 . 2 of 4 FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF KINGS ss.: YESENIA OLMEDO, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Kings County in the State of New York. That on July 31, 2023, I served a true copy of the annexed VIA E-FILING: REPLY AFFIRMATION on July 31, 2023, upon EUSTACE, PREZIOSO & YAPCHANYK Attorneys for DEFENDANTS VALENTIN TAKVORIAN, RICHARD MONTI and ERIN TORRE 28* 55 Water Street, Floor New York, New York 10041 (212) 612-4200 Hereto at the e-mail addresses designated by said attorneys for that purpose, by electronically filing said documents through the New York State Courts Electronic filing system ("NYSCEF") for the case pending in the Supreme Court, Kings County under Index No.:505435/2022 (ECF). ESENIA OLMEDO Swoyto before me this 3 0 day of July, 2023 Notary Public ROSEANN TALIERCIO of New York Notary Public, State Reg. No. 01TA6414703 Qualified in Kings County Commission Expires March 1, 2 3 of 4 FILED: KINGS COUNTY CLERK 07/31/2023 03:38 PM INDEX NO. 505425/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/31/2023 Index No. 505425/2-22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LYNETTE DOWLING, Plaintiff, - against - VALENTIN TAKVORIAN, RICHARD MONTI and ERIN TORRE, Defendants. REPLY AFFIRMATION LAW OFFICES OF BRUCE NEWBOROUGH, PC Attorneys for Plaintiff 2104 Flatbush Avenue Brooklyn, New York 11234 (718)701-8826 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Bruce A. Newborough, Esq. ............................................................. Attorney(s) for Plaintiff 4 of 4