On January 06, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Pearl Delta Funding, Llc,
and
Juan Ruiz Jr,
Peak Title Agency Co.
A K A Peak Title Co,
Tobby Jablonski,
for Commercial - Contract
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC Index No.: 600378/2023
PLAINTIFF,
-against- RESPONSE TO
PLAINTIFF’S DEMAND
FOR A BILL OF
PARTICULARS
PEAK TITLE AGENCY CO ET AL
DEFENDANTS
-----------------------------------------------------------------------X
Defendant, by its attorneys, DOMINICK DALE, ESQ, responding to the Demand of the Plaintiff,
PEARL DELTA FUNDING, LLC., for a Verified Bill of Particulars, alleges, upon information
and belief:
1. The Court will take judicial notice of such rules, regulations, statutes and ordinances that
the Plaintiff may have violated as such becomes available. Liga v. Long Island Rail Road, 129
A.D.2d 566, 514 N.Y.S.2d 61 (2nd Dept 1987); see also Langella v. D'Agostino Supermarket, Inc.,
122 Misc. 2d 708, 471 N.Y.S.2d 454. (Special Term, Kings County 1983) and Sobel v. Midchester
Jewish Center, 52 A.D.2d 944; 383 N.Y.S.2d 635 (2nd Dept 1976).
2. The Court will take judicial notice of such rules, regulations, statutes and ordinances that
the Plaintiff may have violated as such becomes available. Liga v. Long Island Rail Road, 129
A.D.2d 566, 514 N.Y.S.2d 61 (2nd Dept 1987); see also Langella v. D'Agostino Supermarket, Inc.,
122 Misc. 2d 708, 471 N.Y.S.2d 454. (Special Term, Kings County 1983) and Sobel v. Midchester
Jewish Center, 52 A.D.2d 944; 383 N.Y.S.2d 635 (2nd Dept 1976).
FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/23/2023
3. Plaintiff objects to this demand as beyond the scope of CPLR Section 3041 and is
evidentiary in nature. The Second Department has consistently held that requests to elicit such
evidentiary detail in a bill of particulars is improper. Bouton v. Suffolk Cnty., 125 A.D.2d 620,
621, 509 N.Y.S.2d 846, 847 (1986)
PLEASE TAKE NOTICE that plaintiff reserves the right to serve further, supplemental and/or
amended Bills of Particular up to the time of trial
Dated: August 23, 2024
Queens, New York
DOMINICK DALE, ESQ
____________________________
Dominick Dale, Esq
Attorney for the defendant(s)
7002 Nansen Street
Forest Hills NY 11375
(917) 816 8327
To:
Christopher R. Murray, Esq.
Murray Legal, PLLC
170 Old Country Rd., Suite 608
Mineola, New York 11501
Tel: (516) 260-7367
Document Filed Date
August 23, 2023
Case Filing Date
January 06, 2023
Category
Commercial - Contract
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------X PEARL DELTA FUNDING, LLC Index No.: 600378/2023 PLAINTIFF, -against- RESPONSE TO PLAINTIFF’S DEMAND FOR A BILL OF PARTICULARS PEAK TITLE AGENCY CO ET AL DEFENDANTS -----------------------------------------------------------------------X Defendant, by its attorneys, DOMINICK DALE, ESQ, responding to the Demand of the Plaintiff, PEARL DELTA FUNDING, LLC., for a Verified Bill of Particulars, alleges, upon information and belief: 1. The Court will take judicial notice of such rules, regulations, statutes and ordinances that the Plaintiff may have violated as such becomes available. Liga v. Long Island Rail Road, 129 A.D.2d 566, 514 N.Y.S.2d 61 (2nd Dept 1987); see also Langella v. D'Agostino Supermarket, Inc., 122 Misc. 2d 708, 471 N.Y.S.2d 454. (Special Term, Kings County 1983) and Sobel v. Midchester Jewish Center, 52 A.D.2d 944; 383 N.Y.S.2d 635 (2nd Dept 1976). 2. The Court will take judicial notice of such rules, regulations, statutes and ordinances that the Plaintiff may have violated as such becomes available. Liga v. Long Island Rail Road, 129 A.D.2d 566, 514 N.Y.S.2d 61 (2nd Dept 1987); see also Langella v. D'Agostino Supermarket, Inc., 122 Misc. 2d 708, 471 N.Y.S.2d 454. (Special Term, Kings County 1983) and Sobel v. Midchester Jewish Center, 52 A.D.2d 944; 383 N.Y.S.2d 635 (2nd Dept 1976). FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/23/2023 3. Plaintiff objects to this demand as beyond the scope of CPLR Section 3041 and is evidentiary in nature. The Second Department has consistently held that requests to elicit such evidentiary detail in a bill of particulars is improper. Bouton v. Suffolk Cnty., 125 A.D.2d 620, 621, 509 N.Y.S.2d 846, 847 (1986) PLEASE TAKE NOTICE that plaintiff reserves the right to serve further, supplemental and/or amended Bills of Particular up to the time of trial Dated: August 23, 2024 Queens, New York DOMINICK DALE, ESQ ____________________________ Dominick Dale, Esq Attorney for the defendant(s) 7002 Nansen Street Forest Hills NY 11375 (917) 816 8327 To: Christopher R. Murray, Esq. Murray Legal, PLLC 170 Old Country Rd., Suite 608 Mineola, New York 11501 Tel: (516) 260-7367