Document for Connie Leung v. Michael Gendin, Dora Ariyeva, The City Of New York

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                                FILED: QUEENS COUNTY CLERK 08/25/2022 01:25 PM                                                       INDEX NO. 720088/2021
NYSCEF DOC. NO. 24                                                                            RECEIVED NYSCEF: 08/25/2022




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF QUEENS
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           CONNIE LEUNG,                                                                 Index No: 720088/2021

                                     Plaintiff,                                          GOOD FAITH AFFIRMATION

                   -against-

           MICHAEL GENDIN, DORA ARIYEVA, and THE CITY OF
           NEW YORK,

                                      Defendant.
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                  DAVID A. PESKANOV, an attorney duly admitted to practice law in the courts of the

          State of New York, hereby affirms the following, pursuant to the penalties of perjury:

                  1.        I am an attorney and associate of BROWNELL PARTNERS PLLC, the attorneys

          of record for Defendants MICHAEL GENDIN and DORA ARIYEVA. I am fully familiar with

          the facts and circumstances hereof.

                  2.        This Affirmation is executed upon information and belief, the sources of which are

          the files and records maintained by the law offices of BROWNELL PARTNERS PLLC, pertaining

         to this matter.

                  3.        This Affirmation is submitted on behalf of Defendants MICHAEL GENDIN and

         DORA ARIYEVA in support of the annexed motion for an Order:

                       i.   Pursuant to CPLR 3124, compelling THE CITY OF NEW YORK to respond to the
                            Preliminary Conference Order and Defendants GENDIN’s and ARIYEVA’s
                            Notice for Discovery and Inspection dated November 4, 2021 by a date certain; and

                    ii.     For such other and further relief that this Court may deem just, proper, and
                            equitable.


                  4.        Your affirmant’s office has attempted, in good faith, to confer with THE CITY’s

         attorney to obtain responses to the demands stated in the requested relief. Specifically, Defendants




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FILED: QUEENS COUNTY CLERK 08/25/2022 01:25 PM                                                 INDEX NO. 720088/2021
NYSCEF DOC. NO. 24                                                                      RECEIVED NYSCEF: 08/25/2022




          sent the Co-defendant a good faith letter on April 1, 2022 and an email on May 3, 2022. A copy

          of the letter is annexed hereto as Exhibit F, and a copy of the email is annexed hereto as Exhibit

          G. Despite attempting in good faith to resolve this matter, THE CITY did not provide any

          discovery response.

                 WHEREFORE, it is respectfully requested that this Court grant this application in its

          entirety and grant such other, further, and different relief as to this Court may deem just, proper,

         and equitable.

         Dated: New York, New York
                May 4, 2022


                                               BROWNELL PARTNERS PLLC

                                                David A. Peskanov
                                        By:     _____________________________________________
                                                DAVID A. PESKANOV, ESQ.
                                                Attorneys for Defendants
                                                MICHAEL GENDIN and DORA ARIYEVA
                                                15 Maiden Lane, Suite 1001
                                                New York, New York 10038
                                                (212) 390-0151


         TO:     DELLA MURA & CIACCI LLP
                 Joseph A. Provenza, Esq.
                 Attorneys for Plaintiff
                 981 Allerton Avenue
                 Bronx, New York 10469
                 (718) 405-1500

                 CORPORATION COUNSEL
                 City of New York
                 100 Church Street
                 New York, New York 10007
                 Law Dept. #: 2021-013539




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