Preview
FILED: NEW YORK COUNTY CLERK 01/12/2017 01:53 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/12/2017
REQUEST FOR JUDICIAL For Court Clerk Use Only:
UCS-840 (7/2012)
IAS Entry Date
New York Supreme COURT, COUNTY OF New York
Judge Assigned
Index 155570/2016 Date Index 07/05/2016
Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date
CAPTION attach a caption rider sheet.
Anthony Magni
Plaintiff(s)
-against-
Third Avenue Tower Owner, LLC, Polsinelli PC, Clune Construction Company, L.P.
Defendant(s)/Respondent
NATURE OF ACTION OR Check ONE box only and specify where
MATRIMONIAL COMMERCIAL
☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.)
☐ Contract
NOTE: For all Matrimonial actions where the parties have children under
the age of 18, complete and attach the MATRIMONIAL RJI Addendum.
For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except
☐ UCC (including sales, negotiable instruments)
TORTS
☐ Other
☐ Asbestos
NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)],
☐ Breast complete and attach the COMMERCIAL DIV RJI
REAL PROPERTY: How many properties does the application
☐ Environment
☐ Condemnation
☐ Medical, Dental, or Podiatric
☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial
☐ Motor Property
NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner-
☐ Products occupied, residential property, or an owner-occupied condominium, complete and
attach the FORECLOSURE RJI
☒ Other Premises liability
☐ Tax Certiorari - Block Lot
☐ Other Professional
☐ Tax
☐ Other ☐ Other Real
OTHER MATTERS SPECIAL PROCEEDINGS
☐ Certificate of Incorporation/Dissolution
[see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration)
[see NOTE under Commercial]
☐ Emergency Medical ☐ CPLR Article 78 (Body or
☐ Habeas Corpus ☐ Election Law
☐ Local Court ☐ MHL Article 9.60 (Kendra's Law)
☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial)
☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review)
☐ Pistol Permit Revocation ☐ MHL Article 81
☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental
☐ Other ☐ Other Special
STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where
YES NO
Has a summons and complaint or summons w/notice ☒ ☐ If yes, date 07/05/2016
Has a summons and complaint or summons w/notice been ☒ ☐ If yes, date 07/05/2016
Is this action/proceeding being filed post- ☐ ☒ If yes, judgment
1 of 2
NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated.
☐ Infant's
☐ Note of Issue and/or Certificate of Readiness
☐ Notice of Medical, Dental, or Podiatric Date Issue Joined:
☒ Notice of Motion Relief Sought:
Discovery Return Date: 02/03/2017
☐ Notice of Petition Relief Sought: Return Date:
☐ Order to Show Cause Relief Sought: Return Date:
☐ Other Ex Parte Application Relief Sought:
☐ Poor Person Application
☐ Request for Preliminary Conference
☐ Residential Mortgage Foreclosure Settlement
☐ Writ of Habeas Corpus
☐ Other
RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases.
If additional space is required, complete and attach the RJI Addendum. If
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant
n/a
PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail
address in space provided. If additional space is required, complete and attach the
Parties: Attorneys and/or Unrepresented Litigants:
List parties in caption order and indicate Issue
Provide attorney name, firm name, business address, phone number and e-
Un- Insurance Carrier(s):
party role(s) (e.g., defendant; 3rd-party Joined
mail address of all attorneys that have appeared in the case. For
Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address.
(Y/N):
Name: Magni, Anthony LAURENCE ROGERS, CUPIT & ROGERS, LLP, 70 E. Sunrise Highway Suite
500, Valley Stream, NY 11581, 516-945-9930, ldrogers@cupitlaw.com
☐ Role(s): Plaintiff/Petitioner
YES
Name: Third Avenue Tower Owner, LLC STEVEN O'CONNOR, OCONNOR REDD LLP, P.O, Box 1000 242 KING AIG Insuance
STREET, PORT CHESTER, NY 10573, (914) 686-1700,
☐ Role(s): Defendant/Respondent
soconnor@oconnorlawfirm.com YES
Name: Polsinelli PC JOHN MARQUEZ, EUSTACE, MARQUEZ, ESPTEIN, PREZIOSO &
ARCIOLD, 55 Water Street 29th FL, New York, NY 10041, 212-612-4205,
☐ Role(s): Defendant/Respondent
jmarquez@hoeyking.com YES
Name: Clune Construction Company, L.P.
SANA SUHAIL, Lewis Bribois Bisgaard & Smith LLP, 77 Water Street, Suite
2100 , NEW YORK, NY 10005, (212) 232-1300,
☐ Role(s): Defendant/Respondent
sana.suhail@lewisbrisbois.com YES
Name:
☐ Role(s):
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE
ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.
Dated 01/12/2017 STEVEN MICHAEL O'CONNOR
SIGNATURE
2098895 STEVEN MICHAEL O'CONNOR
ATTORNEY REGISTRATION PRINT OR TYPE NAME
This form was generated by
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 01/12/2017 01:53 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/12/2017 REQUEST FOR JUDICIAL For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date New York Supreme COURT, COUNTY OF New York Judge Assigned Index 155570/2016 Date Index 07/05/2016 Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date CAPTION attach a caption rider sheet. Anthony Magni Plaintiff(s) -against- Third Avenue Tower Owner, LLC, Polsinelli PC, Clune Construction Company, L.P. Defendant(s)/Respondent NATURE OF ACTION OR Check ONE box only and specify where MATRIMONIAL COMMERCIAL ☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.) ☐ Contract NOTE: For all Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum. For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except ☐ UCC (including sales, negotiable instruments) TORTS ☐ Other ☐ Asbestos NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)], ☐ Breast complete and attach the COMMERCIAL DIV RJI REAL PROPERTY: How many properties does the application ☐ Environment ☐ Condemnation ☐ Medical, Dental, or Podiatric ☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial ☐ Motor Property NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner- ☐ Products occupied, residential property, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI ☒ Other Premises liability ☐ Tax Certiorari - Block Lot ☐ Other Professional ☐ Tax ☐ Other ☐ Other Real OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration) [see NOTE under Commercial] ☐ Emergency Medical ☐ CPLR Article 78 (Body or ☐ Habeas Corpus ☐ Election Law ☐ Local Court ☐ MHL Article 9.60 (Kendra's Law) ☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial) ☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review) ☐ Pistol Permit Revocation ☐ MHL Article 81 ☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental ☐ Other ☐ Other Special STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where YES NO Has a summons and complaint or summons w/notice ☒ ☐ If yes, date 07/05/2016 Has a summons and complaint or summons w/notice been ☒ ☐ If yes, date 07/05/2016 Is this action/proceeding being filed post- ☐ ☒ If yes, judgment 1 of 2 NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated. ☐ Infant's ☐ Note of Issue and/or Certificate of Readiness ☐ Notice of Medical, Dental, or Podiatric Date Issue Joined: ☒ Notice of Motion Relief Sought: Discovery Return Date: 02/03/2017 ☐ Notice of Petition Relief Sought: Return Date: ☐ Order to Show Cause Relief Sought: Return Date: ☐ Other Ex Parte Application Relief Sought: ☐ Poor Person Application ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement ☐ Writ of Habeas Corpus ☐ Other RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If additional space is required, complete and attach the RJI Addendum. If Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant n/a PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the Parties: Attorneys and/or Unrepresented Litigants: List parties in caption order and indicate Issue Provide attorney name, firm name, business address, phone number and e- Un- Insurance Carrier(s): party role(s) (e.g., defendant; 3rd-party Joined mail address of all attorneys that have appeared in the case. For Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address. (Y/N): Name: Magni, Anthony LAURENCE ROGERS, CUPIT & ROGERS, LLP, 70 E. Sunrise Highway Suite 500, Valley Stream, NY 11581, 516-945-9930, ldrogers@cupitlaw.com ☐ Role(s): Plaintiff/Petitioner YES Name: Third Avenue Tower Owner, LLC STEVEN O'CONNOR, OCONNOR REDD LLP, P.O, Box 1000 242 KING AIG Insuance STREET, PORT CHESTER, NY 10573, (914) 686-1700, ☐ Role(s): Defendant/Respondent soconnor@oconnorlawfirm.com YES Name: Polsinelli PC JOHN MARQUEZ, EUSTACE, MARQUEZ, ESPTEIN, PREZIOSO & ARCIOLD, 55 Water Street 29th FL, New York, NY 10041, 212-612-4205, ☐ Role(s): Defendant/Respondent jmarquez@hoeyking.com YES Name: Clune Construction Company, L.P. SANA SUHAIL, Lewis Bribois Bisgaard & Smith LLP, 77 Water Street, Suite 2100 , NEW YORK, NY 10005, (212) 232-1300, ☐ Role(s): Defendant/Respondent sana.suhail@lewisbrisbois.com YES Name: ☐ Role(s): I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated 01/12/2017 STEVEN MICHAEL O'CONNOR SIGNATURE 2098895 STEVEN MICHAEL O'CONNOR ATTORNEY REGISTRATION PRINT OR TYPE NAME This form was generated by 2 of 2