On March 30, 2023 a
AFFIRMATION OF GOOD FAITH
was filed
involving a dispute between
Leeann F. Giordano,
and
Macy'S,
Macy'S East Inc.,
Schindler Elevator Corporation,,
for Torts - Other (Premises)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 09/22/2023 12:10 PM INDEX NO. 805090/2023E
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------__________-----___________________----_Ç
LEEANN F. GIORDANO, Index No. 805090/2023E
Plaintiff, AFFIRMATION OF GOOD FAITH
- against -
MACY'S EAST INC., MACY'S and
SCHINDLER ELEVATOR CORPORATION,
Defendants.
___----________-----________------------------------------------_Ç
CATHERINE G. BRYAN, an attorney of law, duly licensed to practice in the State of New
York, hereby makes the following statements under the penalty of perjury:
1. I am a partner of the firm Connell Foley LLP, attorneys for defendants, Macy's East
Inc., Macy's, and Schindler Elevator Corporation ("Defendants"), in the above-captioned matter and
as such, I am fully familiar with the facts and circumstances surrounding this matter.
Defendants'
2. This Affirmation of Good Faith is submitted in support of Motion to
Defendants'
Compel plaintiff, Leeann Giordano ("plaintiff"), to respond to Demand for Discovery,
pursuant to CPLR §3124.
3. On May 4, 2023, Defendants served plaintiff with discovery demands. (A true and
Defendants'
correct copy of May 4, 2023 letter is attached hereto as Exhibit A.).
4. By letter dated July 21, 2023, Defendants advised plaintiff that they had not yet
received plaintiff's outstanding discovery, and requested that same be provided to avoid motion
I0718428-1
1 of 2
FILED: BRONX COUNTY CLERK 09/22/2023 12:10 PM INDEX NO. 805090/2023E
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/22/2023
Defendants'
practice. (A true and correct copy of July 21, 2023 correspondence is attached hereto as
Exhibit B.)
5. By subsequent letter dated August 8, 2023, Defendants again advised plaintiff that
they had not yet received plaintiff's outstanding discovery, and requested that same be provided to
Defendants'
avoid motion practice. (A true and correct copy of August 8, 2023 correspondence is
attached hereto as Exhibit C.)
Defendants'
6. To date, plaintiff has not provided a response to Demand for Discovery,
necessitating the filing of this motion, as it appears Court intervention is necessary to resolve this
outstanding discovery issue.
WHEREFORE, Defendants respectfully requests that the Court grant the instant motion in
its entirety and grant such other and further relief as the Court deems just, proper, and equitable.
Connell Foley LLP
Attorneys for Defendants,
Macy's East Inc., Macy's and Schindler Elevator
Corporation
By:
Catherine G. Bryan, Esq.
One Newark Center
190'
1085 Raymond Blvd., Floor
Newark, New Jersey 07102
973.436.5800
Dated: September 22, 2023
10718428-I
2 of 2
Document Filed Date
September 22, 2023
Case Filing Date
March 30, 2023
Category
Torts - Other (Premises)
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FILED: BRONX COUNTY CLERK 09/22/2023 12:10 PM INDEX NO. 805090/2023E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------__________-----___________________----_Ç LEEANN F. GIORDANO, Index No. 805090/2023E Plaintiff, AFFIRMATION OF GOOD FAITH - against - MACY'S EAST INC., MACY'S and SCHINDLER ELEVATOR CORPORATION, Defendants. ___----________-----________------------------------------------_Ç CATHERINE G. BRYAN, an attorney of law, duly licensed to practice in the State of New York, hereby makes the following statements under the penalty of perjury: 1. I am a partner of the firm Connell Foley LLP, attorneys for defendants, Macy's East Inc., Macy's, and Schindler Elevator Corporation ("Defendants"), in the above-captioned matter and as such, I am fully familiar with the facts and circumstances surrounding this matter. Defendants' 2. This Affirmation of Good Faith is submitted in support of Motion to Defendants' Compel plaintiff, Leeann Giordano ("plaintiff"), to respond to Demand for Discovery, pursuant to CPLR §3124. 3. On May 4, 2023, Defendants served plaintiff with discovery demands. (A true and Defendants' correct copy of May 4, 2023 letter is attached hereto as Exhibit A.). 4. By letter dated July 21, 2023, Defendants advised plaintiff that they had not yet received plaintiff's outstanding discovery, and requested that same be provided to avoid motion I0718428-1 1 of 2 FILED: BRONX COUNTY CLERK 09/22/2023 12:10 PM INDEX NO. 805090/2023E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/22/2023 Defendants' practice. (A true and correct copy of July 21, 2023 correspondence is attached hereto as Exhibit B.) 5. By subsequent letter dated August 8, 2023, Defendants again advised plaintiff that they had not yet received plaintiff's outstanding discovery, and requested that same be provided to Defendants' avoid motion practice. (A true and correct copy of August 8, 2023 correspondence is attached hereto as Exhibit C.) Defendants' 6. To date, plaintiff has not provided a response to Demand for Discovery, necessitating the filing of this motion, as it appears Court intervention is necessary to resolve this outstanding discovery issue. WHEREFORE, Defendants respectfully requests that the Court grant the instant motion in its entirety and grant such other and further relief as the Court deems just, proper, and equitable. Connell Foley LLP Attorneys for Defendants, Macy's East Inc., Macy's and Schindler Elevator Corporation By: Catherine G. Bryan, Esq. One Newark Center 190' 1085 Raymond Blvd., Floor Newark, New Jersey 07102 973.436.5800 Dated: September 22, 2023 10718428-I 2 of 2