On January 06, 2023 a
No Value
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.
Preview
FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PEARL DELTA FUNDING, LLC,
Plaintiff, Index No.: 600378/2023
-against- GOOD FAITH AFFIRMATION
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO Hon. Conrad D. Singer
and TOBBY JABLONSKI and JUAN RUIZ JR.,
Defendants.
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CHRISTOPHER R. MURRAY, an attorney duly admitted to practice law before the Court
of the State of New York, hereby affirms to the truth of the following under penalty of perjury:
1. I am counsel for Plaintiff, Pearl Delta Funding, LLC, in the above-captioned matter.
I am fully familiar with the facts and circumstances of this action and all prior pleadings and
proceedings heretofore had herein.
2. I submit this affirmation to demonstrate Plaintiff’s good faith efforts to obtain
discovery without resorting to motion practice.
3. On January 26, 2023, Defendants served Plaintiff with: 1) Defendants’ Demand for
a Bill of Particulars (NYSCEF Doc. 6); 2) Defendants’ Demand for the Production of Third Party
Documents (NYSCEF Doc. 7); 3) Defendants’ Demand for UUC Lien Notice(s) (NYSCEF Doc.
8); 4) and Defendants’ Demand for Communication Notice (NYSCEF Doc. 9)(together
“Defendants’ Discovery Demands”).
4. Plaintiff responded on February 16, 2023 by serving Defendants with: 1) Plaintiff’s
Responses and Objections to Defendants’ Demand for Discovery and Inspection (NYSCEF Doc.
20); and 2) Plaintiff’s Notice of Rejection of Defendant’s Notice to Take Deposition Upon Oral
Examination (NYSCEF Doc. 24) (together “Plaintiff’s Discovery Responses”).
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FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023
5. On February 16, 2023, Plaintiff served the Defendants with: 1)Plaintiff’s Demand
for a Verified Bill of Particulars (NYSCEF Doc. 17); 2) Plaintiff’s Notice For Discovery and
Inspection (NYSCEF Doc. 18); 3) a Preliminary Conference Request (NYSCEF Doc. 19); 4)
Plaintiff’s Notice of Deposition for Defendant PEAK TITLE AGENCY CO. AKA PEAK TITLE
CO (NYSCEF Doc. 21); 5) a Notice of Deposition for Defendant TOBBY JABLONSKI
(NYSCEF Doc. 22); 6) a Notice of Deposition for Defendant JUAN RUIZ JR. (NYSCEF Doc. 23)
(together the “Plaintiff’s Discovery Demands”). True and correct copies of the Discovery
Demands are attached hereto collectively as Exhibit A.
6. I e-mailed Defendants' counsel, Dominick Dale, regarding his clients' failure to
produce discovery on March 21, 2023 at 11:57 a.m. He refused to comply. Thereafter I e-mailed
him again about discovery on March 29, 2023, he insisted he would not produce anything for at
least another 45 days.
7. The Court entered a Preliminary Conference Order on May 22, 2023 (the
“Scheduling Order”) directing that insurance disclosures must be served on May 29, 2023, and
all outstanding Bill of Particulars and document demand responses be served by June 21, 2023.
NYSCEF Doc. 43, ¶¶1-2 & 6. Plaintiff served their Discovery Demands on February 16, 2022.
Defendants have not answered them.
8. I e-mailed Defendants' counsel, Dominick Dale, on May 30, 2023, about
Defendants’ failure to meet the insurance disclosure deadline. He never responded.
9. I followed up on June 21, 2023 by phone at 2:15 p.m. and e-mail regarding the
insurance disclosure and responses to Plaintiff’s Bill of Particulars and Document Demands, all of
which were past due. I reminded him that the Court ordered that there would be no further
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FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023
extensions of the deadlines without Court approval. He did not return my voicemail or my e-mail.
Defendants still have not produced any discovery.
10. I e-mailed Mr. Dale again on July 6, 2023, and he did not respond. I called him at
9:32 a.m. on the same date. Mr. Dale sent my call to voicemail after one ring and I left him yet
another voicemail. This has been the same story in over a dozen cases. He has previously told me
he will never produce discovery absent a Court Order and I have come to learn that after he is
Ordered to produce discovery, he still never produces anything. In case after case, he delays
discovery for months by refusing to comply and then files a motion to withdraw or waits until I
file a motion to strike before he files a motion to withdraw in the hopes that the post-withdrawal
stay with delay the case for just a bit longer.
11. Considering opposing counsel’s willful, dilatory, and contumacious refusal to
produce discovery responses pursuant to the CPLR and Preliminary Conference Order of this
Court, Plaintiff has no other recourse at this point but to resort to motion practice.
Dated: July 6, 2023
Attorneys for Plaintiff
Murray Legal, PLLC
/s/ Christopher R. Murray
Christopher R. Murray, Esq.
170 Old Country Road, Suite 608
Mineola, New York 11501
Telephone: (516) 260-7367
E-Mail: cmurray@murraylegalpllc.com
To via NYSCEF:
Counsel for Defendants
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Document Filed Date
July 06, 2023
Case Filing Date
January 06, 2023
Category
Commercial - Contract
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FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X PEARL DELTA FUNDING, LLC, Plaintiff, Index No.: 600378/2023 -against- GOOD FAITH AFFIRMATION PEAK TITLE AGENCY CO. AKA PEAK TITLE CO Hon. Conrad D. Singer and TOBBY JABLONSKI and JUAN RUIZ JR., Defendants. -----------------------------------------------------------------X CHRISTOPHER R. MURRAY, an attorney duly admitted to practice law before the Court of the State of New York, hereby affirms to the truth of the following under penalty of perjury: 1. I am counsel for Plaintiff, Pearl Delta Funding, LLC, in the above-captioned matter. I am fully familiar with the facts and circumstances of this action and all prior pleadings and proceedings heretofore had herein. 2. I submit this affirmation to demonstrate Plaintiff’s good faith efforts to obtain discovery without resorting to motion practice. 3. On January 26, 2023, Defendants served Plaintiff with: 1) Defendants’ Demand for a Bill of Particulars (NYSCEF Doc. 6); 2) Defendants’ Demand for the Production of Third Party Documents (NYSCEF Doc. 7); 3) Defendants’ Demand for UUC Lien Notice(s) (NYSCEF Doc. 8); 4) and Defendants’ Demand for Communication Notice (NYSCEF Doc. 9)(together “Defendants’ Discovery Demands”). 4. Plaintiff responded on February 16, 2023 by serving Defendants with: 1) Plaintiff’s Responses and Objections to Defendants’ Demand for Discovery and Inspection (NYSCEF Doc. 20); and 2) Plaintiff’s Notice of Rejection of Defendant’s Notice to Take Deposition Upon Oral Examination (NYSCEF Doc. 24) (together “Plaintiff’s Discovery Responses”). Page 1 of 3 1 of 3 FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023 5. On February 16, 2023, Plaintiff served the Defendants with: 1)Plaintiff’s Demand for a Verified Bill of Particulars (NYSCEF Doc. 17); 2) Plaintiff’s Notice For Discovery and Inspection (NYSCEF Doc. 18); 3) a Preliminary Conference Request (NYSCEF Doc. 19); 4) Plaintiff’s Notice of Deposition for Defendant PEAK TITLE AGENCY CO. AKA PEAK TITLE CO (NYSCEF Doc. 21); 5) a Notice of Deposition for Defendant TOBBY JABLONSKI (NYSCEF Doc. 22); 6) a Notice of Deposition for Defendant JUAN RUIZ JR. (NYSCEF Doc. 23) (together the “Plaintiff’s Discovery Demands”). True and correct copies of the Discovery Demands are attached hereto collectively as Exhibit A. 6. I e-mailed Defendants' counsel, Dominick Dale, regarding his clients' failure to produce discovery on March 21, 2023 at 11:57 a.m. He refused to comply. Thereafter I e-mailed him again about discovery on March 29, 2023, he insisted he would not produce anything for at least another 45 days. 7. The Court entered a Preliminary Conference Order on May 22, 2023 (the “Scheduling Order”) directing that insurance disclosures must be served on May 29, 2023, and all outstanding Bill of Particulars and document demand responses be served by June 21, 2023. NYSCEF Doc. 43, ¶¶1-2 & 6. Plaintiff served their Discovery Demands on February 16, 2022. Defendants have not answered them. 8. I e-mailed Defendants' counsel, Dominick Dale, on May 30, 2023, about Defendants’ failure to meet the insurance disclosure deadline. He never responded. 9. I followed up on June 21, 2023 by phone at 2:15 p.m. and e-mail regarding the insurance disclosure and responses to Plaintiff’s Bill of Particulars and Document Demands, all of which were past due. I reminded him that the Court ordered that there would be no further Page 2 of 3 2 of 3 FILED: NASSAU COUNTY CLERK 07/06/2023 11:41 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/06/2023 extensions of the deadlines without Court approval. He did not return my voicemail or my e-mail. Defendants still have not produced any discovery. 10. I e-mailed Mr. Dale again on July 6, 2023, and he did not respond. I called him at 9:32 a.m. on the same date. Mr. Dale sent my call to voicemail after one ring and I left him yet another voicemail. This has been the same story in over a dozen cases. He has previously told me he will never produce discovery absent a Court Order and I have come to learn that after he is Ordered to produce discovery, he still never produces anything. In case after case, he delays discovery for months by refusing to comply and then files a motion to withdraw or waits until I file a motion to strike before he files a motion to withdraw in the hopes that the post-withdrawal stay with delay the case for just a bit longer. 11. Considering opposing counsel’s willful, dilatory, and contumacious refusal to produce discovery responses pursuant to the CPLR and Preliminary Conference Order of this Court, Plaintiff has no other recourse at this point but to resort to motion practice. Dated: July 6, 2023 Attorneys for Plaintiff Murray Legal, PLLC /s/ Christopher R. Murray Christopher R. Murray, Esq. 170 Old Country Road, Suite 608 Mineola, New York 11501 Telephone: (516) 260-7367 E-Mail: cmurray@murraylegalpllc.com To via NYSCEF: Counsel for Defendants Page 3 of 3 3 of 3