On January 19, 2021 a
AFFIRMATION
was filed
involving a dispute between
Sowka Barcacel,
and
Freitas Marcos,
for Torts - Motor Vehicle
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 04/20/2021 03:05 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Queens AFFIRMATION
-----------------------------------------------X OF GOOD FAITH
SOWKA BARCACEL
Index No.: 701269/2021
Plaintiff,
-against-
FREITAS MARCOS
Defendant.
------- -------------------------------X
EVA M. PITTS, an attorney admitted to practice before the Courts of this State affirms
the truth of the following under the penalty of perjury and pursuant to CPLR Rule 2106 that the
following facts are true:
1. I am the attorney for the plaintiff(s) herein and as such I am fully familiar with the
facts and circumstances of this action based upon a review of the case file and the investigation
materials contained therein.
2. This affirmation is submitted in connection with the filing of a Request for Judicial
Intervention requesting a Preliminary Conference.
3. This is an action in negligence to recover damages for serious permanent injuries
sustained by Plaintiff(s) SOWKA BARCACEL and SOWKA BARCACEL as a result of an
accident which occurred on July 27, 2020.
4. A Summons and Complaint was served on the defendant(s) and issue was joined
shortly thereafter. A Verified Bill of Particulars and Response to Demañds, together with
various demands, were served. Parties were noticed and cross-noticed for examination before
trial.
5. Plaintiff(s) has attempted to conduct discovery in good faith, but despite these
attempts, discovery has not been completed.
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1 of 2
FILED: QUEENS COUNTY CLERK 04/20/2021 03:05 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/20/2021
6. Examinations before trial were scheduled for June 18, 2021 on counsel for
defendant(s)
Freitas Marcos
3065 74th Street
2nd Floor
East Elmhurst, NY 11370
informed your affirmant's office that defendant(s) was not able to be produced at that
time.
WHEREFORE, plaintiff respectfully requests a preliminary conference be scheduled at
the Court's earliest convenience.
Dated: New York, NY
April 20, 2021
our . et .
Eva . P s, Esq.
GREENSTEIN & MILBAUER, P.C.
Attorney for Plaintiff
Sowka Barcacel
9th
1825 Park Avenue, FlOOr
New York, New York 10035
(212) 685-8500
ur File No.: 18972
3
2 of 2
Document Filed Date
April 20, 2021
Case Filing Date
January 19, 2021
Category
Torts - Motor Vehicle
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Preview
FILED: QUEENS COUNTY CLERK 04/20/2021 03:05 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Queens AFFIRMATION -----------------------------------------------X OF GOOD FAITH SOWKA BARCACEL Index No.: 701269/2021 Plaintiff, -against- FREITAS MARCOS Defendant. ------- -------------------------------X EVA M. PITTS, an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury and pursuant to CPLR Rule 2106 that the following facts are true: 1. I am the attorney for the plaintiff(s) herein and as such I am fully familiar with the facts and circumstances of this action based upon a review of the case file and the investigation materials contained therein. 2. This affirmation is submitted in connection with the filing of a Request for Judicial Intervention requesting a Preliminary Conference. 3. This is an action in negligence to recover damages for serious permanent injuries sustained by Plaintiff(s) SOWKA BARCACEL and SOWKA BARCACEL as a result of an accident which occurred on July 27, 2020. 4. A Summons and Complaint was served on the defendant(s) and issue was joined shortly thereafter. A Verified Bill of Particulars and Response to Demañds, together with various demands, were served. Parties were noticed and cross-noticed for examination before trial. 5. Plaintiff(s) has attempted to conduct discovery in good faith, but despite these attempts, discovery has not been completed. 2 1 of 2 FILED: QUEENS COUNTY CLERK 04/20/2021 03:05 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/20/2021 6. Examinations before trial were scheduled for June 18, 2021 on counsel for defendant(s) Freitas Marcos 3065 74th Street 2nd Floor East Elmhurst, NY 11370 informed your affirmant's office that defendant(s) was not able to be produced at that time. WHEREFORE, plaintiff respectfully requests a preliminary conference be scheduled at the Court's earliest convenience. Dated: New York, NY April 20, 2021 our . et . Eva . P s, Esq. GREENSTEIN & MILBAUER, P.C. Attorney for Plaintiff Sowka Barcacel 9th 1825 Park Avenue, FlOOr New York, New York 10035 (212) 685-8500 ur File No.: 18972 3 2 of 2