Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
EXHIBIT “H”
EXHIBIT “H”
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------.---------------------------------------X
JOSEPH ITARA and TABETHA ITARA,
Index No. 152948/2020
Plaintiffs,
POST-DEPOSITION
-against - NOTICE FOR
DISCOVERY AND
MASARYK TOWERS CORPORATION d /a INSPECTION
MASARYK TOWERS
MANAGEMENT, and TO PLAINTIFF
METRO MANAGEMENT & DEVELOPMENT INC.,
a/k/a METRO MANAGEMENT DEVEL., INC.,
Defendants.
-----------------------------...----------------------X
PLEASE TAKE NOTICE that, pursuant to CPLR § 3120, Plaintiff, TABETHA ITARA,
is hereby required to produce and furnish to the attorneys for Defendants, MASARYK TOWERS
CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS
MANAGEMENT and METRO MANAGEMENT & DEVELOPMENT INC. a/k/a METRO
MANAGEMENT DEVEL., INC., the following items or documents for discovery and inspection
to the office of MILBER MAKRIS PLOUSADIS & SEIDEN, LLP, 1000 Woodbury Road, Suite
402, Woodbury, New York, 11797, within thirty (30) days of receipt of this Notice:
1. Plaintiff, TABETHA ITARA's complete telephone number(s), including, but not
limited to, her cell phone number, as testified to on pages 22 and 23 of Plaintiff, TABETHA
ITARA deposition transcript taken on September 27, 2021.
2. A complete copy of any and all photographs taken during the August 20, 2019
Puerto Rico vacation, as testified to on pages 72 and 73 of Plaintiff, TABETHA ITARA deposition
transcript taken on September 27, 2021.
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
PLEASE TAKE FURTHER NOTICE, that in the event you dispute any or a part of the
discovery requests set forth in this Demand, that counsel for the responding parties shall initiate
and/or otherwise engage in all requirements set forth in the Uniform Civil Rules for the Supreme
Court Section 202.20-f, as amended effective February 1, 2021, within the time period as set forth
in this Demand.
PLEASE TAKE FURTHER NOTICE, that Responses and any and all objections to this
Demand shall be in compliance with the Uniform Civil Rules for the Supreme Court Section
202.20-c, as amended effective February 1, 2021, and that your failure to comply with same shall
be deemed as a waiver of any and all objections that may be made or otherwise set forth by the
responding parties to whom this Demand is directed.
PLEASE TAKE FURTHER NOTICE upon your failure to with the above-
that, comply
mentioned demands, said Defendants will move this Court for those sanctions and remedies which
are deemed appropriate under the laws ofNew York State.
PLEASE TAKE FURTHER NOTICE that these are continuing demands and that if the
Plaintiff obtains any of the information demanded herein subsequent to the service of this notice,
then said information is to be furnished to these Defendants whenever obtained and said
Defendants will object at the time of trial to the offering into evidence of any of the information
which has been demanded herein and not produced.
2
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
Dated: Woodbury, New York
April 4, 2022
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Susan J S omber
MILBER MA S PL SADIS SEIDEN, LLP
Attorneys for Defendan
MASARYK TOWERS ORP TION i/s/h/a
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT and
METRO MANAGEMENT & DEVELOPMENT
INC. a/k/a METRO MANAGEMENT DEVEL.,
INC.
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
(516) 712-4000
File No.: 667-19159
SStromberg@MilberMakris.com
TO: Brett J. Nomberg, Esq.
BRAND NOMBERG &
ROSENBAUM, LLP
Attorney for Plaintiffs
JOSEPH ITARA and TABETHA ITARA
31uM 7"
622 Avenue, Floor
New York, New York 10017
(212) 808-0448
bnomberg@bbnrlaw.com
3
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, ANNE AMATULLI, being sworn, say, I am not a party to this action, am over 18 years
of age, and reside in Nassau County, New York.
4* DEFENDANTS' POST-
On the day of April, 2022, I served a true copy of the within
DEPOSITION NOTICE FOR DISCOVERY & INSPECTION TO PLAINTIFF upon:
Brett J. Nomberg, Esq.
BRAND NOMBERG &
ROSENBAUM, LLP
Attorney for Plaintiffs
JOSEPH ITARA and TABETHA ITARA
7"
622 Third Avenue, Floor
New York, New York 10017
(212) 808-0448
bnomberg(dlbbnrlaw.com
the attorney for the respective parties in this action, at the above email address designated by said
attorney for that purpose.
ANNE AMATULLI
Swo to before me this
4*
d of April, 2022.
PUBLIC
MAUREEN KELLY
Notary Public, State of New York
No. 01KE6119224
Qualified in Suffolk County, NY
Commission E xpires November 29, 20
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
--............----------------------------------------........------------Ç
JOSEPH ITARA and TABETHA ITARA, Index No. 152948/2020
Plaintiffs,
-against -
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT,
METRO MANAGEMENT & DEVELOPMENT INC.
a/k/a METRO MANAGEMENT DEVEL., INC.,
Defendants.
DEFENDANT'S POST DEPOSITION NOTICE FOR DISCOVERY AND INSPECTION
MAKRIS PLOUSADIS
MILBER & SEIDEN, LLP
ATTORNEYS AT LAW
Attorneys for Defendant, MASARYK TOWERS CORPORATION i/s/h/a
MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT
Office and Post Office Address, Telephone
1000 Woodbury Road, Suite 402
Woodbury, NY 11797
(516) 712-4000
MMPS File No.: 532-19159
To Signature (Rule 130-1.1-a)
.................................................................
Print name beneath
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated,
.................................................................
Attorney(s) for
Please take notice
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented for settlement to the
HON. one of the judges of the within named court, at
Dated, Yours, etc.
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
ATTORNEYS AT LAW
Attorneys for Defendant
To 1000 Woodbury Road, Suite 402
Woodbury, New York 11797
Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 EXHIBIT “H” EXHIBIT “H” FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------.---------------------------------------X JOSEPH ITARA and TABETHA ITARA, Index No. 152948/2020 Plaintiffs, POST-DEPOSITION -against - NOTICE FOR DISCOVERY AND MASARYK TOWERS CORPORATION d /a INSPECTION MASARYK TOWERS MANAGEMENT, and TO PLAINTIFF METRO MANAGEMENT & DEVELOPMENT INC., a/k/a METRO MANAGEMENT DEVEL., INC., Defendants. -----------------------------...----------------------X PLEASE TAKE NOTICE that, pursuant to CPLR § 3120, Plaintiff, TABETHA ITARA, is hereby required to produce and furnish to the attorneys for Defendants, MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT and METRO MANAGEMENT & DEVELOPMENT INC. a/k/a METRO MANAGEMENT DEVEL., INC., the following items or documents for discovery and inspection to the office of MILBER MAKRIS PLOUSADIS & SEIDEN, LLP, 1000 Woodbury Road, Suite 402, Woodbury, New York, 11797, within thirty (30) days of receipt of this Notice: 1. Plaintiff, TABETHA ITARA's complete telephone number(s), including, but not limited to, her cell phone number, as testified to on pages 22 and 23 of Plaintiff, TABETHA ITARA deposition transcript taken on September 27, 2021. 2. A complete copy of any and all photographs taken during the August 20, 2019 Puerto Rico vacation, as testified to on pages 72 and 73 of Plaintiff, TABETHA ITARA deposition transcript taken on September 27, 2021. FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 PLEASE TAKE FURTHER NOTICE, that in the event you dispute any or a part of the discovery requests set forth in this Demand, that counsel for the responding parties shall initiate and/or otherwise engage in all requirements set forth in the Uniform Civil Rules for the Supreme Court Section 202.20-f, as amended effective February 1, 2021, within the time period as set forth in this Demand. PLEASE TAKE FURTHER NOTICE, that Responses and any and all objections to this Demand shall be in compliance with the Uniform Civil Rules for the Supreme Court Section 202.20-c, as amended effective February 1, 2021, and that your failure to comply with same shall be deemed as a waiver of any and all objections that may be made or otherwise set forth by the responding parties to whom this Demand is directed. PLEASE TAKE FURTHER NOTICE upon your failure to with the above- that, comply mentioned demands, said Defendants will move this Court for those sanctions and remedies which are deemed appropriate under the laws ofNew York State. PLEASE TAKE FURTHER NOTICE that these are continuing demands and that if the Plaintiff obtains any of the information demanded herein subsequent to the service of this notice, then said information is to be furnished to these Defendants whenever obtained and said Defendants will object at the time of trial to the offering into evidence of any of the information which has been demanded herein and not produced. 2 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 Dated: Woodbury, New York April 4, 2022 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Susan J S omber MILBER MA S PL SADIS SEIDEN, LLP Attorneys for Defendan MASARYK TOWERS ORP TION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT and METRO MANAGEMENT & DEVELOPMENT INC. a/k/a METRO MANAGEMENT DEVEL., INC. 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 (516) 712-4000 File No.: 667-19159 SStromberg@MilberMakris.com TO: Brett J. Nomberg, Esq. BRAND NOMBERG & ROSENBAUM, LLP Attorney for Plaintiffs JOSEPH ITARA and TABETHA ITARA 31uM 7" 622 Avenue, Floor New York, New York 10017 (212) 808-0448 bnomberg@bbnrlaw.com 3 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, ANNE AMATULLI, being sworn, say, I am not a party to this action, am over 18 years of age, and reside in Nassau County, New York. 4* DEFENDANTS' POST- On the day of April, 2022, I served a true copy of the within DEPOSITION NOTICE FOR DISCOVERY & INSPECTION TO PLAINTIFF upon: Brett J. Nomberg, Esq. BRAND NOMBERG & ROSENBAUM, LLP Attorney for Plaintiffs JOSEPH ITARA and TABETHA ITARA 7" 622 Third Avenue, Floor New York, New York 10017 (212) 808-0448 bnomberg(dlbbnrlaw.com the attorney for the respective parties in this action, at the above email address designated by said attorney for that purpose. ANNE AMATULLI Swo to before me this 4* d of April, 2022. PUBLIC MAUREEN KELLY Notary Public, State of New York No. 01KE6119224 Qualified in Suffolk County, NY Commission E xpires November 29, 20 FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 191 RECEIVED NYSCEF: 06/15/2022 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK --............----------------------------------------........------------Ç JOSEPH ITARA and TABETHA ITARA, Index No. 152948/2020 Plaintiffs, -against - MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, METRO MANAGEMENT & DEVELOPMENT INC. a/k/a METRO MANAGEMENT DEVEL., INC., Defendants. DEFENDANT'S POST DEPOSITION NOTICE FOR DISCOVERY AND INSPECTION MAKRIS PLOUSADIS MILBER & SEIDEN, LLP ATTORNEYS AT LAW Attorneys for Defendant, MASARYK TOWERS CORPORATION i/s/h/a MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT Office and Post Office Address, Telephone 1000 Woodbury Road, Suite 402 Woodbury, NY 11797 (516) 712-4000 MMPS File No.: 532-19159 To Signature (Rule 130-1.1-a) ................................................................. Print name beneath Attorney(s) for Service of a copy of the within is hereby admitted. Dated, ................................................................. Attorney(s) for Please take notice O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at Dated, Yours, etc. MILBER MAKRIS PLOUSADIS & SEIDEN, LLP ATTORNEYS AT LAW Attorneys for Defendant To 1000 Woodbury Road, Suite 402 Woodbury, New York 11797