Preview
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
Exhibit C
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
From: Brett Nomberg
To: Susan Stromberg; SFC-PART23; Sasha Robins
Cc: Dominika Szybisty; Anne Amatulli; Hon. Franc W Perry; Dominika Szybisty
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
Date: Friday, September 17, 2021 4:01:19 PM
Ms. Cangiano,
I just finished a phone call with Lexitas Court reporting and was told that out of the approximate 200
depositions going forward, less than 1 percent are in person. While they have plexiglass, most of the
rooms in Manhattan are small and do not have windows. The Brooklyn office from what I have
experienced are with little if any airflow, without windows, and small. They have no control over
the building’s ventilation system.
Defense counsel has made no efforts to identify any court reporting rooms now that have made
adjustments other than plexiglass for Covid. Plexiglass is absolutely meaningless since we will be
inside a small room for hours without proper ventilation. Even the CDC now does not recommend
indoor dining.
From the CDC website:
“Events that last longer pose more risk than shorter events. Being within 6 feet of someone who has
COVID-19 for a total of 15 minutes or more (over a 24-hour period) greatly increases the risk of
becoming infected and requires quarantine.”
Ventilation
Ensure ventilation systems operate properly and increase circulation of outdoor air as much
as possible, for example, by opening windows and doors. Do not open windows and doors if
doing so poses a safety or health risk to staff or attendees (for example, risk of falling or
triggering asthma symptoms).
“Avoid crowded, poorly ventilated spaces.”
Defense counsel concludes but fails to state how demeanor, personality, and appearance are limited
by a video deposition. Appearance will be much more limited with my clients wearing a mask, which
they will be the entire time.
Defense counsel’s lack of concern over her own health should not be imparted upon everyone else
with a reason that is baseless. My clients also strongly prefer a deposition by video.
Respectfully,
Brett J. Nomberg
Brand Brand Nomberg & Rosenbaum, LLP
622 3rd Avenue, 7th Floor
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
New York, NY 10017
(212)808-0448
bnomberg@bbnrlaw.com
www.bbnrlaw.com
Confidentiality Notice
------------------------------------------------------------
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you are not the intended
addressee, then you are not permitted to disseminate, distribute or copy any medical
information, dates of birth, or Social Security numbers, or any other private
information of such nature. Please notify the sender immediately by e-mail if you
have received this e-mail by mistake and delete this e-mail from your system. If you
are not the intended recipient you are notified that disclosing, copying,distributing or
taking any action in reliance on the contents of this information is strictly prohibited.
Confidential health information is protected by state and federal law, including, but not
limited to, by the Health Insurance Portability and Accountability Act of 1996 and
related regulations.
From: Susan Stromberg
Sent: Friday, September 17, 2021 3:21 PM
To: Brett Nomberg ; SFC-PART23 ; Sasha
Robins
Cc: Dominika Szybisty ; Anne Amatulli ;
Hon. Franc W Perry
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
Dear Ms. Cangiano:
My firm represents defendant/third-party plaintiff Masaryk Towers Corporation. This email
addresses two issues raised by Plaintiff’s counsel.
First, we can now confirm that the Masaryk will produce its Superintendent for a deposition
on Tuesday September 28.
With regard to depositions, we request that they be being conducted in person. I am fully
vaccinated, as is my client. As long as all parties are vaccinated, in masks and behind
plexiglass, we believe that the depositions can take place in person. The Court Reporting
services have been conducting in person depositions for quite a while now, and are COVID 19
compliant.
We believe that in order to fully depose the Plaintiff, we are entitled to an in person
deposition, as demeanor, personality and appearance are limited by a video deposition.
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
We thank the Court for its time and consideration.
Respectfully submitted,
Susan J. Stromberg
Susan J. Stromberg, Esq.
Partner
............................................
MMP&S
Milber Makris Plousadis & Seiden, LLP
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
516.712.4000 ext.1103
516.870.1103 direct
516.712.4013 fax
sstromberg@milbermakris.com
This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If
you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute
waiver of the attorney-client or any other privilege. For more information about MMP&S, please visit www.milbermakris.com.
From: Brett Nomberg
Sent: Friday, September 17, 2021 3:07 PM
To: SFC-PART23 ; Sasha Robins
Cc: Dominika Szybisty ; Anne Amatulli ;
Susan Stromberg ; Hon. Franc W Perry
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
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Dear Cangiano:
Let this email memorialize the result of our conference call this afternoon and that immediate
intervention is needed. Items 1, 2 and 3 were almost resolved and the other items could not be
resolved. The parties will sign a stipulation to add in the management company as a party, the
Third-Party’s motion will be adjourned to October 6, 2021, the date of the scheduled conference.
Plaintiff’s motion shall be withdrawn, which by operation of law withdraws the cross-motion.
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
Plaintiff shall e-file a new motion on Monday returnable for October 6, 2021 to support the dismissal
of the Third party action and the issues that could not be resolved.
Plaintiffs depositions will commence on 9/21 and if not completed, on 9/23. It was agreed that the
defendant shall produce a Superintendent for the building at issue on 9/28, but I was then emailed
after the conversation that she cannot confirm that until Monday, but presumably, before 9/30.
However, despite that both myself and counsel for the Third-Party defendant wish to do depositions
remotely, defense counsel is objecting and demanding them in person. I am the sole attorney
handling the personal injury cases in my office and cannot afford to get sick with Covid, much less
want to risk personal safety to me or my family.
Depositions by video are more productive than trying to communicate through plexiglass while
everyone is wearing a mask for 8 hours. The court reporting offices are usually small, do not require
mandatory vaccinations checks, and the Delta variant has proven itself capable of causing infection
with vaccinated persons. The longer the exposure, the more likely the chance of infection and
plaintiff’s depositions will clearly take more than 4 hours. All exhibits can be presented on Microsoft
teams, and the plaintiff has viewed every photograph and video exchanged by defendant.
Lastly, the parties prefer to keep the conference for October 6, 2021.
We await to hear from the court as the depositions are scheduled for Tuesday.
Respectfully,
Brett J. Nomberg
Brand Brand Nomberg & Rosenbaum, LLP
622 3rd Avenue, 7th Floor
New York, NY 10017
(212)808-0448
bnomberg@bbnrlaw.com
www.bbnrlaw.com
Confidentiality Notice
------------------------------------------------------------
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you are not the intended
addressee, then you are not permitted to disseminate, distribute or copy any medical
information, dates of birth, or Social Security numbers, or any other private
information of such nature. Please notify the sender immediately by e-mail if you
have received this e-mail by mistake and delete this e-mail from your system. If you
are not the intended recipient you are notified that disclosing, copying,distributing or
taking any action in reliance on the contents of this information is strictly prohibited.
Confidential health information is protected by state and federal law, including, but not
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
limited to, by the Health Insurance Portability and Accountability Act of 1996 and
related regulations.
From: SFC-PART23
Sent: Friday, September 17, 2021 10:31 AM
To: Sasha Robins ; SFC-PART23
Cc: Dominika Szybisty ; Anne Amatulli ;
Brett Nomberg ; Susan Stromberg ;
Hon. Franc W Perry
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
Good morning counsel:
Justice Perry directs the parties to meet and confer to resolve the issue related to plaintiff’s
deposition presently scheduled for September 21, 2021, in accordance with Uniform Rule
Section 202.20-f (b) Disclosure Disputes, which provides in pertinent part, “Absent exigent
circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first
consult with one another in a good faith effort to resolve all disputes about disclosure. Such
consultation must take place by an in-person or telephonic conference.”
In addition, please note that plaintiff’s motion sequence number 002 and the defendant’s cross
motion, were filed in violation of the above quoted rule and in violation of Justice Perry’s Part
Rules. Accordingly, the parties are directed to meet and confer, in good faith, in order to
resolve the discovery issues including scheduling depositions, given that the third party
defendant has recently appeared in this matter by filing a pre-answer motion to dismiss which
is returnable in Room 130 on October 4, 2021.
In the event that the parties cannot resolve this discovery dispute following good faith
consultation and withdraw the pending discovery motions, the court notes that there is already
a remote compliance conference scheduled in this matter on October 6, 2021 at 9:30.
Alternatively, in lieu of appearing at the October 6 remote conference, the parties are
encouraged to resolve the issues and set forth new dates for any outstanding discovery and
schedule dates for depositions. Attached please find a blank Compliance Conference Order
which can be submitted to the Court for review and signature, in lieu of attending the October
6 remote conference. Or, given the pending motion to dismiss, the parties may opt to adjourn
the remote compliance conference. Finally, during these very trying times when we are all
experiencing delays and other issues resulting from the pandemic, the parties are reminded of
the importance of professional courtesy and cooperation when dealing with one another.
Please advise the Court how you wish to proceed.
Nina Cangiano
Principal Law Clerk to the Hon. W. Franc Perry
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
Supreme Court of the State of New York
80 Centre Street-Room 307
New York, New York 10013
From: Sasha Robins [mailto:sasha.robins@babchikyoung.com]
Sent: Wednesday, September 15, 2021 5:40 PM
To: SFC-PART23
Cc: Dominika Szybisty ; Anne Amatulli ;
Brett Nomberg ; Susan Stromberg
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
Dear Justice Perry:
We represent Third-Party Defendant Centennial Elevator Industries, Plaintiff’s employer. I would
also appreciate a brief conference with the Court. As can be seen by my motion to dismiss, I have
just appeared in the action, and would not be prepared to proceed with depositions of the parties
next week. More importantly, Centennial does not belong in the case and I respectfully request that
the Court consider our motion papers before setting a new date.
The Court has our thanks for its attention to this matter.
Best Regards,
Sasha Robins
Babchik & Young, LLP
245 Main Street, Suite 330
White Plains, NY 10601
Tel : 914 470-0001 x 31
Fax : 914 470-0009
Cell: 914 208-6812
e-mail : sasha.robins@babchikyoung.com
From: Susan Stromberg
Sent: Wednesday, September 15, 2021 2:06 PM
To: sfc-part23@nycourts.gov
Cc: Dominika Szybisty ; Anne Amatulli ;
Brett Nomberg ; Sasha Robins
Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
We represent defendant/third-party plaintiff Masaryk Towers Corporation. We are in receipt
of Plaintiff’s letter to the Court of today’s date. While we object to, and disagree with, the
contents of Plaintiff’s letter, we agree that a court conference is required to work out the
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
issues with regard to the upcoming depositions in this case, the first of which is scheduled for
Tuesday, September 21.
I will be out of the office this afternoon and tomorrow for religious observance. I will be
returning to the office on Friday, September 17, 2021. As such, it is respectfully requested
that if a conference is scheduled, that it be held on Friday, September 17, 2021.
The Court’s time and attention to this matter is greatly appreciated.
Respectfully submitted,
Susan J. Stromberg
Susan J. Stromberg, Esq.
Partner
............................................
MMP&S
Milber Makris Plousadis & Seiden, LLP
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
516.712.4000 ext.1103
516.870.1103 direct
516.712.4013 fax
sstromberg@milbermakris.com
This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If
you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute
waiver of the attorney-client or any other privilege. For more information about MMP&S, please visit www.milbermakris.com.
From: Brett Nomberg
Sent: Wednesday, September 15, 2021 11:51 AM
To: sfc-part23@nycourts.gov; sasha.robins@babchikyoung.com; Susan Stromberg
Cc: Dominika Szybisty
Subject: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020
External Sender Detected
This is an external email. Be certain that the message is really from the person it claims to
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requests, attachments, or requests for personal or financial information that appear below
this advisory.
Please see attached requesting an immediate video court conference.
Brett J. Nomberg
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021
Brand Brand Nomberg & Rosenbaum, LLP
622 3rd Avenue, 7th Floor
New York, NY 10017
(212)808-0448
bnomberg@bbnrlaw.com
www.bbnrlaw.com
Confidentiality Notice
------------------------------------------------------------
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom they are addressed. If you are not the intended
addressee, then you are not permitted to disseminate, distribute or copy any medical
information, dates of birth, or Social Security numbers, or any other private
information of such nature. Please notify the sender immediately by e-mail if you
have received this e-mail by mistake and delete this e-mail from your system. If you
are not the intended recipient you are notified that disclosing, copying,distributing or
taking any action in reliance on the contents of this information is strictly prohibited.
Confidential health information is protected by state and federal law, including, but not
limited to, by the Health Insurance Portability and Accountability Act of 1996 and
related regulations.
Please be CAREFUL when clicking links or opening attachments from external senders.
Preview
FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 Exhibit C FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 From: Brett Nomberg To: Susan Stromberg; SFC-PART23; Sasha Robins Cc: Dominika Szybisty; Anne Amatulli; Hon. Franc W Perry; Dominika Szybisty Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 Date: Friday, September 17, 2021 4:01:19 PM Ms. Cangiano, I just finished a phone call with Lexitas Court reporting and was told that out of the approximate 200 depositions going forward, less than 1 percent are in person. While they have plexiglass, most of the rooms in Manhattan are small and do not have windows. The Brooklyn office from what I have experienced are with little if any airflow, without windows, and small. They have no control over the building’s ventilation system. Defense counsel has made no efforts to identify any court reporting rooms now that have made adjustments other than plexiglass for Covid. Plexiglass is absolutely meaningless since we will be inside a small room for hours without proper ventilation. Even the CDC now does not recommend indoor dining. From the CDC website: “Events that last longer pose more risk than shorter events. Being within 6 feet of someone who has COVID-19 for a total of 15 minutes or more (over a 24-hour period) greatly increases the risk of becoming infected and requires quarantine.” Ventilation Ensure ventilation systems operate properly and increase circulation of outdoor air as much as possible, for example, by opening windows and doors. Do not open windows and doors if doing so poses a safety or health risk to staff or attendees (for example, risk of falling or triggering asthma symptoms). “Avoid crowded, poorly ventilated spaces.” Defense counsel concludes but fails to state how demeanor, personality, and appearance are limited by a video deposition. Appearance will be much more limited with my clients wearing a mask, which they will be the entire time. Defense counsel’s lack of concern over her own health should not be imparted upon everyone else with a reason that is baseless. My clients also strongly prefer a deposition by video. Respectfully, Brett J. Nomberg Brand Brand Nomberg & Rosenbaum, LLP 622 3rd Avenue, 7th Floor FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 New York, NY 10017 (212)808-0448 bnomberg@bbnrlaw.com www.bbnrlaw.com Confidentiality Notice ------------------------------------------------------------ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended addressee, then you are not permitted to disseminate, distribute or copy any medical information, dates of birth, or Social Security numbers, or any other private information of such nature. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying,distributing or taking any action in reliance on the contents of this information is strictly prohibited. Confidential health information is protected by state and federal law, including, but not limited to, by the Health Insurance Portability and Accountability Act of 1996 and related regulations. From: Susan Stromberg Sent: Friday, September 17, 2021 3:21 PM To: Brett Nomberg ; SFC-PART23 ; Sasha Robins Cc: Dominika Szybisty ; Anne Amatulli ; Hon. Franc W Perry Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 Dear Ms. Cangiano: My firm represents defendant/third-party plaintiff Masaryk Towers Corporation. This email addresses two issues raised by Plaintiff’s counsel. First, we can now confirm that the Masaryk will produce its Superintendent for a deposition on Tuesday September 28. With regard to depositions, we request that they be being conducted in person. I am fully vaccinated, as is my client. As long as all parties are vaccinated, in masks and behind plexiglass, we believe that the depositions can take place in person. The Court Reporting services have been conducting in person depositions for quite a while now, and are COVID 19 compliant. We believe that in order to fully depose the Plaintiff, we are entitled to an in person deposition, as demeanor, personality and appearance are limited by a video deposition. FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 We thank the Court for its time and consideration. Respectfully submitted, Susan J. Stromberg Susan J. Stromberg, Esq. Partner ............................................ MMP&S Milber Makris Plousadis & Seiden, LLP 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 516.712.4000 ext.1103 516.870.1103 direct 516.712.4013 fax sstromberg@milbermakris.com This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege. For more information about MMP&S, please visit www.milbermakris.com. From: Brett Nomberg Sent: Friday, September 17, 2021 3:07 PM To: SFC-PART23 ; Sasha Robins Cc: Dominika Szybisty ; Anne Amatulli ; Susan Stromberg ; Hon. Franc W Perry Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 External Sender Detected This is an external email. Be certain that the message is really from the person it claims to be from (by clicking on sender's name to verify email address.) Be wary of any links, login requests, attachments, or requests for personal or financial information that appear below this advisory. Dear Cangiano: Let this email memorialize the result of our conference call this afternoon and that immediate intervention is needed. Items 1, 2 and 3 were almost resolved and the other items could not be resolved. The parties will sign a stipulation to add in the management company as a party, the Third-Party’s motion will be adjourned to October 6, 2021, the date of the scheduled conference. Plaintiff’s motion shall be withdrawn, which by operation of law withdraws the cross-motion. FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 Plaintiff shall e-file a new motion on Monday returnable for October 6, 2021 to support the dismissal of the Third party action and the issues that could not be resolved. Plaintiffs depositions will commence on 9/21 and if not completed, on 9/23. It was agreed that the defendant shall produce a Superintendent for the building at issue on 9/28, but I was then emailed after the conversation that she cannot confirm that until Monday, but presumably, before 9/30. However, despite that both myself and counsel for the Third-Party defendant wish to do depositions remotely, defense counsel is objecting and demanding them in person. I am the sole attorney handling the personal injury cases in my office and cannot afford to get sick with Covid, much less want to risk personal safety to me or my family. Depositions by video are more productive than trying to communicate through plexiglass while everyone is wearing a mask for 8 hours. The court reporting offices are usually small, do not require mandatory vaccinations checks, and the Delta variant has proven itself capable of causing infection with vaccinated persons. The longer the exposure, the more likely the chance of infection and plaintiff’s depositions will clearly take more than 4 hours. All exhibits can be presented on Microsoft teams, and the plaintiff has viewed every photograph and video exchanged by defendant. Lastly, the parties prefer to keep the conference for October 6, 2021. We await to hear from the court as the depositions are scheduled for Tuesday. Respectfully, Brett J. Nomberg Brand Brand Nomberg & Rosenbaum, LLP 622 3rd Avenue, 7th Floor New York, NY 10017 (212)808-0448 bnomberg@bbnrlaw.com www.bbnrlaw.com Confidentiality Notice ------------------------------------------------------------ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended addressee, then you are not permitted to disseminate, distribute or copy any medical information, dates of birth, or Social Security numbers, or any other private information of such nature. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying,distributing or taking any action in reliance on the contents of this information is strictly prohibited. Confidential health information is protected by state and federal law, including, but not FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 limited to, by the Health Insurance Portability and Accountability Act of 1996 and related regulations. From: SFC-PART23 Sent: Friday, September 17, 2021 10:31 AM To: Sasha Robins ; SFC-PART23 Cc: Dominika Szybisty ; Anne Amatulli ; Brett Nomberg ; Susan Stromberg ; Hon. Franc W Perry Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 Good morning counsel: Justice Perry directs the parties to meet and confer to resolve the issue related to plaintiff’s deposition presently scheduled for September 21, 2021, in accordance with Uniform Rule Section 202.20-f (b) Disclosure Disputes, which provides in pertinent part, “Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure. Such consultation must take place by an in-person or telephonic conference.” In addition, please note that plaintiff’s motion sequence number 002 and the defendant’s cross motion, were filed in violation of the above quoted rule and in violation of Justice Perry’s Part Rules. Accordingly, the parties are directed to meet and confer, in good faith, in order to resolve the discovery issues including scheduling depositions, given that the third party defendant has recently appeared in this matter by filing a pre-answer motion to dismiss which is returnable in Room 130 on October 4, 2021. In the event that the parties cannot resolve this discovery dispute following good faith consultation and withdraw the pending discovery motions, the court notes that there is already a remote compliance conference scheduled in this matter on October 6, 2021 at 9:30. Alternatively, in lieu of appearing at the October 6 remote conference, the parties are encouraged to resolve the issues and set forth new dates for any outstanding discovery and schedule dates for depositions. Attached please find a blank Compliance Conference Order which can be submitted to the Court for review and signature, in lieu of attending the October 6 remote conference. Or, given the pending motion to dismiss, the parties may opt to adjourn the remote compliance conference. Finally, during these very trying times when we are all experiencing delays and other issues resulting from the pandemic, the parties are reminded of the importance of professional courtesy and cooperation when dealing with one another. Please advise the Court how you wish to proceed. Nina Cangiano Principal Law Clerk to the Hon. W. Franc Perry FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 Supreme Court of the State of New York 80 Centre Street-Room 307 New York, New York 10013 From: Sasha Robins [mailto:sasha.robins@babchikyoung.com] Sent: Wednesday, September 15, 2021 5:40 PM To: SFC-PART23 Cc: Dominika Szybisty ; Anne Amatulli ; Brett Nomberg ; Susan Stromberg Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 Dear Justice Perry: We represent Third-Party Defendant Centennial Elevator Industries, Plaintiff’s employer. I would also appreciate a brief conference with the Court. As can be seen by my motion to dismiss, I have just appeared in the action, and would not be prepared to proceed with depositions of the parties next week. More importantly, Centennial does not belong in the case and I respectfully request that the Court consider our motion papers before setting a new date. The Court has our thanks for its attention to this matter. Best Regards, Sasha Robins Babchik & Young, LLP 245 Main Street, Suite 330 White Plains, NY 10601 Tel : 914 470-0001 x 31 Fax : 914 470-0009 Cell: 914 208-6812 e-mail : sasha.robins@babchikyoung.com From: Susan Stromberg Sent: Wednesday, September 15, 2021 2:06 PM To: sfc-part23@nycourts.gov Cc: Dominika Szybisty ; Anne Amatulli ; Brett Nomberg ; Sasha Robins Subject: RE: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 We represent defendant/third-party plaintiff Masaryk Towers Corporation. We are in receipt of Plaintiff’s letter to the Court of today’s date. While we object to, and disagree with, the contents of Plaintiff’s letter, we agree that a court conference is required to work out the FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 issues with regard to the upcoming depositions in this case, the first of which is scheduled for Tuesday, September 21. I will be out of the office this afternoon and tomorrow for religious observance. I will be returning to the office on Friday, September 17, 2021. As such, it is respectfully requested that if a conference is scheduled, that it be held on Friday, September 17, 2021. The Court’s time and attention to this matter is greatly appreciated. Respectfully submitted, Susan J. Stromberg Susan J. Stromberg, Esq. Partner ............................................ MMP&S Milber Makris Plousadis & Seiden, LLP 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 516.712.4000 ext.1103 516.870.1103 direct 516.712.4013 fax sstromberg@milbermakris.com This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege. For more information about MMP&S, please visit www.milbermakris.com. From: Brett Nomberg Sent: Wednesday, September 15, 2021 11:51 AM To: sfc-part23@nycourts.gov; sasha.robins@babchikyoung.com; Susan Stromberg Cc: Dominika Szybisty Subject: Conference requested - Itara v. Masaryk,, et al Index # 152948/2020 External Sender Detected This is an external email. Be certain that the message is really from the person it claims to be from (by clicking on sender's name to verify email address.) Be wary of any links, login requests, attachments, or requests for personal or financial information that appear below this advisory. Please see attached requesting an immediate video court conference. Brett J. Nomberg FILED: NEW YORK COUNTY CLERK 11/09/2021 05:03 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 11/09/2021 Brand Brand Nomberg & Rosenbaum, LLP 622 3rd Avenue, 7th Floor New York, NY 10017 (212)808-0448 bnomberg@bbnrlaw.com www.bbnrlaw.com Confidentiality Notice ------------------------------------------------------------ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. 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