On December 16, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Dab Realty Corporation,
and
1001 Rogers Ave Llc,
for Real Property - Other (Removal of Encroachment)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 10/20/2023 03:25 PM INDEX NO. 532178/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X
DAB REALTY CORPORATION,
Index No. 532178/2021
Plaintiff,
-against- NOTICE OF MOTION
1001 ROGERS AVE LLC,
Defendant.
-------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Lisa M. Fitzgerald, Esq.,
dated the 20th day of October, 2023, including the exhibits annexed thereto, the Affirmation of
Good Faith, and upon all the pleadings and proceedings heretofore had herein, the Defendant, 1001
ROGERS AVE LLC (hereinafter “Defendant”), will move this Court at the New York Supreme
Court, Kings County, I.A.S. Motion Part, Room 227, located at 360 Adams Street, Brooklyn, New
York 11201, on the 13th day of November, 2023 at 9:30 o’clock in the forenoon of that day, or as
soon thereafter as counsel for the parties may be heard, for an Order:
a. Pursuant to CPLR §3126, dismissing Plaintiff’s Complaint for failing to
provide responses to discovery demands, or in the alternative, precluding
Plaintiff from offering any evidence at the time of trial of this matter with
respect to the outstanding discovery;
b. Pursuant to CPLR §3101 and §3124, compelling Plaintiff to comply with
the outstanding discovery set forth herein; and
c. For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that all answering affidavits, affirmations, and
papers, if any, must be served in accordance with the provisions of CPLR §2214(b).
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FILED: KINGS COUNTY CLERK 10/20/2023 03:25 PM INDEX NO. 532178/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/20/2023
Dated: New York, New York
October 20, 2023
WEBER GALLAGHER
SIMPSON STAPLETON FIRES
& NEWBY LLP
By: /s/Lisa M. Fitzgerald, Esq.
LISA M. FITZGERALD, ESQ.
Attorneys for Defendant,
1001 Rogers Ave LLC
1500 Broadway, Suite 2401
New York, New York 10036
Tel. No.: (646) 585-7122
TO: THE VALENTINE LAW FIRM, PLLC
Attorneys for Plaintiff
225 Broadway, Suite 1905
New York, New York 10007
Tel No.: (646) 599-2166
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2 of 2
Document Filed Date
October 20, 2023
Case Filing Date
December 16, 2021
Category
Real Property - Other (Removal of Encroachment)
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Preview
FILED: KINGS COUNTY CLERK 10/20/2023 03:25 PM INDEX NO. 532178/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X DAB REALTY CORPORATION, Index No. 532178/2021 Plaintiff, -against- NOTICE OF MOTION 1001 ROGERS AVE LLC, Defendant. -------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed Affirmation of Lisa M. Fitzgerald, Esq., dated the 20th day of October, 2023, including the exhibits annexed thereto, the Affirmation of Good Faith, and upon all the pleadings and proceedings heretofore had herein, the Defendant, 1001 ROGERS AVE LLC (hereinafter “Defendant”), will move this Court at the New York Supreme Court, Kings County, I.A.S. Motion Part, Room 227, located at 360 Adams Street, Brooklyn, New York 11201, on the 13th day of November, 2023 at 9:30 o’clock in the forenoon of that day, or as soon thereafter as counsel for the parties may be heard, for an Order: a. Pursuant to CPLR §3126, dismissing Plaintiff’s Complaint for failing to provide responses to discovery demands, or in the alternative, precluding Plaintiff from offering any evidence at the time of trial of this matter with respect to the outstanding discovery; b. Pursuant to CPLR §3101 and §3124, compelling Plaintiff to comply with the outstanding discovery set forth herein; and c. For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that all answering affidavits, affirmations, and papers, if any, must be served in accordance with the provisions of CPLR §2214(b). 1 1 of 2 FILED: KINGS COUNTY CLERK 10/20/2023 03:25 PM INDEX NO. 532178/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/20/2023 Dated: New York, New York October 20, 2023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: /s/Lisa M. Fitzgerald, Esq. LISA M. FITZGERALD, ESQ. Attorneys for Defendant, 1001 Rogers Ave LLC 1500 Broadway, Suite 2401 New York, New York 10036 Tel. No.: (646) 585-7122 TO: THE VALENTINE LAW FIRM, PLLC Attorneys for Plaintiff 225 Broadway, Suite 1905 New York, New York 10007 Tel No.: (646) 599-2166 2 2 of 2