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FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 09/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Index No. 155570/2016
Plaintiff(s),
-against- NOTICE OF MOTION
THIRD AVENUE TOWER OWNER, LLC,
POLSINELLI PC and CLUNE CONSTRUCTION
COMPANY L.P., CONCEPTS FOR BUSINESS, LLC.,
and G&S CONCEPTS, INC.
Defendants.
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed affirmation of Sana Suhail, Esq. dated
September 30, 2019, and upon all exhibits annexed hereto and upon the pleadings heretofore had
herein, the undersigned will move this Court at the Supreme Court ofthe State ofNew York, County
of New York, Motion Submissions Part Room 130, 60 Centre Street, New York, New York 10007
21"
on the day of October, 2019 at 9:30 O'clock in the forenoon of that day or soon thereafter as
counsel can be heard for an Order or as soon thereafter as counsel may be heard, for an Order: (1)
holding nonparty Prime Installations in conteinpt for failure to appear for a subpoenaed deposition
pursuant to CPLR 2308(b); (2) compelling a ñoñparty witness from Prime Installations to appear for
deposition pursuant to CPLR 2308(b) and CPLR 3124; (3) precluding acñparty Prime Installations
from testifying at the time of trialin this matter in the event he fails to appear for a deposition within
30 days from the date of this order; and (4) together with such other and further relief as this Court
may deem just and proper.
4849-0299-5368.1
1 of 2
FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 09/30/2019
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits, ifany, must be served upon the undersigned at least seven (7) days prior to the return date
of this Motion.
Dated: New York, New York
September 30, 2019
Yours etc.,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By:
Sana Suhail, Esq.
Attorneys for Defendant
Clune Construction Company LP
77 Water Street, Suite 1200
New York, New York 10005
(212) 232-1300
TO:
Diane L. DeVita Kevin G. Mescall Esq.
LAW OFFICES OF TOBIAS & KUHN LEWIS JOHS AVALLONE & AVILLES,
Attorneys for Defendant LLP
CONCEPTS FOR BUSINESS LLC Attorneys for Defendant/Third Party
100 William Street, Suite 920 Defendant
New York, New York 10038 G&S CONCEPTS INC.
61 Broadway, Suite 2000
New York, NY 10006
SACKSTEIN, SACKSTEIN & LEE, LLP Sean Latella, Esq.
Laurence D. Rogers, Esq. O'Connor Redd, LLP
Attorneys for Plaintif f Attorneys for Defendant
1140 Franklin Avenue, Suite 210 THIRD AVENUE TOWER OWNER, LLC
Garden City, New York 11530 [P.O. Box 1000]
242 Kings Street
Port Chester, New York 10573
John R. Marquez, Esq.
Eustace, Marquez, Epstein, Prezioso &
Yapchanyk
Attorneys for Defendant
POLSINELLI PC
55 Water Street, 29th Floor
New York, New York 10041
4849-0299-5368.1 2
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FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 09/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Index No. 155570/2016 Plaintiff(s), -against- NOTICE OF MOTION THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC and CLUNE CONSTRUCTION COMPANY L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed affirmation of Sana Suhail, Esq. dated September 30, 2019, and upon all exhibits annexed hereto and upon the pleadings heretofore had herein, the undersigned will move this Court at the Supreme Court ofthe State ofNew York, County of New York, Motion Submissions Part Room 130, 60 Centre Street, New York, New York 10007 21" on the day of October, 2019 at 9:30 O'clock in the forenoon of that day or soon thereafter as counsel can be heard for an Order or as soon thereafter as counsel may be heard, for an Order: (1) holding nonparty Prime Installations in conteinpt for failure to appear for a subpoenaed deposition pursuant to CPLR 2308(b); (2) compelling a ñoñparty witness from Prime Installations to appear for deposition pursuant to CPLR 2308(b) and CPLR 3124; (3) precluding acñparty Prime Installations from testifying at the time of trialin this matter in the event he fails to appear for a deposition within 30 days from the date of this order; and (4) together with such other and further relief as this Court may deem just and proper. 4849-0299-5368.1 1 of 2 FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 09/30/2019 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits, ifany, must be served upon the undersigned at least seven (7) days prior to the return date of this Motion. Dated: New York, New York September 30, 2019 Yours etc., LEWIS BRISBOIS BISGAARD & SMITH LLP By: Sana Suhail, Esq. Attorneys for Defendant Clune Construction Company LP 77 Water Street, Suite 1200 New York, New York 10005 (212) 232-1300 TO: Diane L. DeVita Kevin G. Mescall Esq. LAW OFFICES OF TOBIAS & KUHN LEWIS JOHS AVALLONE & AVILLES, Attorneys for Defendant LLP CONCEPTS FOR BUSINESS LLC Attorneys for Defendant/Third Party 100 William Street, Suite 920 Defendant New York, New York 10038 G&S CONCEPTS INC. 61 Broadway, Suite 2000 New York, NY 10006 SACKSTEIN, SACKSTEIN & LEE, LLP Sean Latella, Esq. Laurence D. Rogers, Esq. O'Connor Redd, LLP Attorneys for Plaintif f Attorneys for Defendant 1140 Franklin Avenue, Suite 210 THIRD AVENUE TOWER OWNER, LLC Garden City, New York 11530 [P.O. Box 1000] 242 Kings Street Port Chester, New York 10573 John R. Marquez, Esq. Eustace, Marquez, Epstein, Prezioso & Yapchanyk Attorneys for Defendant POLSINELLI PC 55 Water Street, 29th Floor New York, New York 10041 4849-0299-5368.1 2 2 of 2