Preview
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
EXHIBIT “J”
EXHIBIT “J”
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
From: Susan Stromberg
Sent: Tuesday, July 20, 2021 12:33 PM
To: Brett Nomberg
Cc: Dominika Szybisty; Anne Amatulli; Tiffany Reynoso
Subject: RE: Itara 667-19159
Hi Brett:
Further to our conversation yesterday, we cannot go forward with depositions this week. There are numerous
reasons for this, with the below being just a few:
1. The Third‐Party Action against Centennial was just filed, and Centennial needs to appear and
participate in the deposition process. We will not agree to conduct an additional set of depositions
at this time.
2. You provided authorizations to us in June; they have been processed but we do not yet have all the
records.
3. You have not provided all discovery responses required by the Preliminary Conference Order, and
did not provide a response to the Preliminary Conference Order.
4. The Compliance Conference is scheduled for August 18, 2021. We can select new deposition dates
at that time if we have not agreed to dates prior to that.
5. The Note of Issue date is not until March 11, 2022, which is almost 8 months from now. There is no
reason to conduct depositions of the parties prematurely, without full written discovery, without
the appearance of the third‐party defendant, only to conduct them again later after the third‐party
defendant has appeared.
6. Discovery motions may not be made without first conferencing the matter with the Court. As such,
your threatened motion to strike cannot be made without Court involvement.
7. To that end, we are going to contact the Court today, in accordance with Judge Perry’s rules, in
order to get Court approval to adjourn these depositions, as the PC Order requires Court approval
to do so. We will, of course, copy you on that correspondence. We are hopeful that we will be
able to agree to new dates.
Thanks,
Susan
Susan J. Stromberg, Esq.
Partner
............................................
MMP&S
Milber Makris Plousadis & Seiden, LLP
1000 Woodbury Road, Suite 402
1
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
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.mi bermakris.com.
From: Brett Nomberg
Sent: Monday, July 19, 2021 11:14 AM
To: Susan Stromberg
Cc: Dominika Szybisty
Subject: Itara
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
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Good morning Susan, just following up. Are we going forward with the depositions starting this Wednesday with your
client on Thursday?
Brett
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 limited to, by the Health
Insurance Portability and Accountability Act of 1996 and related regulations.
2
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
From: Susan Stromberg
Sent: Tuesday, July 20, 2021 1:16 PM
To: sfc-part23@nycourts.gov
Cc: Brett Nomberg; Dominika Szybisty; Anne Amatulli; Tiffany Reynoso; Anela Kolenovic
Subject: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.:
152948/2020
Attachments: Filed Preliminary Conference Order.PDF
Dear Ms. Phillip:
This firm represents defendant/third‐party plaintiff Masaryk Towers Corporation i/s/h/a Masaryk Towers
Corporation d/b/a Masaryk Towers Management (“Masaryk”). This correspondence seeks Court approval to
adjourn deposition dates that had previously been agreed to by the parties. Although the depositions dates
on the attached Preliminary Conference Order are June 16 and 17, 2021, the parties agreed at that time to
adjourn them to July 21 and 22, 2021. We note that a Compliance Conference is scheduled for August 18,
2021 and the Note of Issue is not due until March 11, 2022. We believe that all discovery will be completed
by the Note of Issue date, even if we adjourn the depositions scheduled for this week. We respectfully
request that the parties be allowed to reschedule the deposition dates either with the assistance of the Court
today, or at the Compliance Conference next month.
The reasons that the deposition dates need to be adjourned include the following:
1. Masaryk recently filed a third‐party action against Centennial Industries, Inc., and we are in the process
of serving Centennial with the third‐party action. Centennial will then have to appear, answer, and get
up to speed on written discovery. Depositions should not be held this week, when it is clear that they
will have to be conducted again once the third‐party defendant appears.
2. Plaintiff provided three (3) additional medical authorizations as well as an employment authorization in
June, 2021. Although those authorizations have been processed, the records have not been
received. We believe that we should be in possession of all relevant records prior to depositions taking
place.
3. We have not received a response to the Preliminary Conference Order from the Plaintiff.
We are hopeful that we will be able to agree to new deposition dates that will take into account these
issues. To that end, we respectfully request approval from the Court to adjourn the depositions scheduled for
July 21 and 22, 2021, and agree to new deposition dates at the Compliance Conference on August 18, 2021, or
with Court assistance today.
The Court’s time and attention is greatly appreciated.
Respectfully submitted,
Susan J. Stromberg
Susan J. Stromberg, Esq.
Partner
1
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
............................................
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.mi bermakris.com.
2
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
From: Brett Nomberg
Sent: Tuesday, July 20, 2021 2:16 PM
To: Susan Stromberg; sfc-part23@nycourts.gov
Cc: Dominika Szybisty; Anne Amatulli; Tiffany Reynoso; Anela Kolenovic
Subject: RE: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.:
152948/2020
Attachments: further di 7.20.2021.docx
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
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Dear Ms. Phillip:
I represent the plaintiff, Joseph Itara, an elevator repairman who on 8/13/19 was injured when the fifth rung of the
defendant’s exterior rooftop stairway fell out from underneath due to the accumulation of rust and lack of
maintenance. We object to the delay of the court ordered depositions for the reasons as follows.
Before defendant served an Answer to our complaint, on February 4, 2020, the insurance adjustor, Rick Futterman,
requested and we provided 4 medical authorizations and 2 collateral source (WC) authorizations. He also acknowledged
that we would not be required to send duplicate authorizations to his counsel.
On August 7, 2020 defendant served their Answer. On September 1, 2020, plaintiff served discovery responses with
additional medical authorizations and collateral source authorizations. Plaintiff’s Bill of Particulars with Discovery
responses and Discovery Demands were served on October 28, 2020 which contained further medical and work
authorizations as well. Plaintiff provided a further medical authorization on May 10, 2021.
On June 2, 2021, plaintiff provided further medical authorizations for Dr. Touliopoulos, a surgeon, which authorization
was previously provided on September 1, 2020. We also gave an authorization for Surgicare of Manhattan where the
plaintiff was intending to have surgery in May, 2021 with Dr. Touliopoulos, but the surgery did not take place because he
was not medically cleared. We also gave an authorization for Dr. Daniel Klein, the doctor who did not clear the plaintiff
for surgery due to a high blood sugar reading. Thus, the outstanding medical records are immaterial since the plaintiff
did not go forward with the surgery.
In response to our demands dated October 28, 2020, their client did not respond until five months later on March 22,
2021 which had required motion practice. In their response, the defendant failed to produce any maintenance records
or contracts for anyone who would be responsible for maintaining the exterior ladder at issue. Therefore, the Third‐
Party action suing the plaintiff’s employer, the elevator maintenance company, alleging they were responsible for
maintaining the exterior stairway and their building, is patently frivolous and merely a delay tactic.
No contract or reference to a contract was ever attached to their pleadings showing the Elevator company exercised any
control over the exterior stairway at issue. I have already contacted the elevator company’s counsel and was advised
they intend to move to dismiss the action, not partake in depositions.
1
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
Lastly, today is the first time defense counsel has advised we did not respond to the PC Order, and fails to delineate
what is outstanding. I reviewed their demands and have found items that were not responded to which answers are all
none, except of a notice witness we learned about this week. (see attached).
I spoke to that witness yesterday and he advised that he was a co‐worker of the plaintiff who told the building several
months before the accident that the stairs at issue were structurally unsafe and had rusted. He also advised that he
spoke to defense counsel a year ago and told them this, but defense counsel failed to disclose him as a notice witness.
The statute of limitations is only a year away and we cannot afford any further delay of the depositions which would
unduly prejudice the plaintiff. There could be a maintenance company responsible for the exterior stairway of the
defendant’s building that they are not disclosing. All of the reasons defense counsel offered are frivolous.
Respectfully,
Brett 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 limited to, by the Health
Insurance Portability and Accountability Act of 1996 and related regulations.
From: Susan Stromberg
Sent: Tuesday, July 20, 2021 1:16 PM
To: sfc‐part23@nycourts.gov
Cc: Brett Nomberg ; Dominika Szybisty ; Anne Amatulli
; Tiffany Reynoso ; Anela Kolenovic
Subject: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.: 152948/2020
Dear Ms. Phillip:
2
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021
This firm represents defendant/third‐party plaintiff Masaryk Towers Corporation i/s/h/a Masaryk Towers
Corporation d/b/a Masaryk Towers Management (“Masaryk”). This correspondence seeks Court approval to
adjourn deposition dates that had previously been agreed to by the parties. Although the depositions dates
on the attached Preliminary Conference Order are June 16 and 17, 2021, the parties agreed at that time to
adjourn them to July 21 and 22, 2021. We note that a Compliance Conference is scheduled for August 18,
2021 and the Note of Issue is not due until March 11, 2022. We believe that all discovery will be completed
by the Note of Issue date, even if we adjourn the depositions scheduled for this week. We respectfully
request that the parties be allowed to reschedule the deposition dates either with the assistance of the Court
today, or at the Compliance Conference next month.
The reasons that the deposition dates need to be adjourned include the following:
1. Masaryk recently filed a third‐party action against Centennial Industries, Inc., and we are in the process
of serving Centennial with the third‐party action. Centennial will then have to appear, answer, and get
up to speed on written discovery. Depositions should not be held this week, when it is clear that they
will have to be conducted again once the third‐party defendant appears.
2. Plaintiff provided three (3) additional medical authorizations as well as an employment authorization in
June, 2021. Although those authorizations have been processed, the records have not been
received. We believe that we should be in possession of all relevant records prior to depositions taking
place.
3. We have not received a response to the Preliminary Conference Order from the Plaintiff.
We are hopeful that we will be able to agree to new deposition dates that will take into account these
issues. To that end, we respectfully request approval from the Court to adjourn the depositions scheduled for
July 21 and 22, 2021, and agree to new deposition dates at the Compliance Conference on August 18, 2021, or
with Court assistance today.
The Court’s time and attention 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.mi bermakris.com.
3
Preview
FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 EXHIBIT “J” EXHIBIT “J” FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 From: Susan Stromberg Sent: Tuesday, July 20, 2021 12:33 PM To: Brett Nomberg Cc: Dominika Szybisty; Anne Amatulli; Tiffany Reynoso Subject: RE: Itara 667-19159 Hi Brett: Further to our conversation yesterday, we cannot go forward with depositions this week. There are numerous reasons for this, with the below being just a few: 1. The Third‐Party Action against Centennial was just filed, and Centennial needs to appear and participate in the deposition process. We will not agree to conduct an additional set of depositions at this time. 2. You provided authorizations to us in June; they have been processed but we do not yet have all the records. 3. You have not provided all discovery responses required by the Preliminary Conference Order, and did not provide a response to the Preliminary Conference Order. 4. The Compliance Conference is scheduled for August 18, 2021. We can select new deposition dates at that time if we have not agreed to dates prior to that. 5. The Note of Issue date is not until March 11, 2022, which is almost 8 months from now. There is no reason to conduct depositions of the parties prematurely, without full written discovery, without the appearance of the third‐party defendant, only to conduct them again later after the third‐party defendant has appeared. 6. Discovery motions may not be made without first conferencing the matter with the Court. As such, your threatened motion to strike cannot be made without Court involvement. 7. To that end, we are going to contact the Court today, in accordance with Judge Perry’s rules, in order to get Court approval to adjourn these depositions, as the PC Order requires Court approval to do so. We will, of course, copy you on that correspondence. We are hopeful that we will be able to agree to new dates. Thanks, Susan Susan J. Stromberg, Esq. Partner ............................................ MMP&S Milber Makris Plousadis & Seiden, LLP 1000 Woodbury Road, Suite 402 1 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 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.mi bermakris.com. From: Brett Nomberg Sent: Monday, July 19, 2021 11:14 AM To: Susan Stromberg Cc: Dominika Szybisty Subject: Itara 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. Good morning Susan, just following up. Are we going forward with the depositions starting this Wednesday with your client on Thursday? Brett 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 limited to, by the Health Insurance Portability and Accountability Act of 1996 and related regulations. 2 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 From: Susan Stromberg Sent: Tuesday, July 20, 2021 1:16 PM To: sfc-part23@nycourts.gov Cc: Brett Nomberg; Dominika Szybisty; Anne Amatulli; Tiffany Reynoso; Anela Kolenovic Subject: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.: 152948/2020 Attachments: Filed Preliminary Conference Order.PDF Dear Ms. Phillip: This firm represents defendant/third‐party plaintiff Masaryk Towers Corporation i/s/h/a Masaryk Towers Corporation d/b/a Masaryk Towers Management (“Masaryk”). This correspondence seeks Court approval to adjourn deposition dates that had previously been agreed to by the parties. Although the depositions dates on the attached Preliminary Conference Order are June 16 and 17, 2021, the parties agreed at that time to adjourn them to July 21 and 22, 2021. We note that a Compliance Conference is scheduled for August 18, 2021 and the Note of Issue is not due until March 11, 2022. We believe that all discovery will be completed by the Note of Issue date, even if we adjourn the depositions scheduled for this week. We respectfully request that the parties be allowed to reschedule the deposition dates either with the assistance of the Court today, or at the Compliance Conference next month. The reasons that the deposition dates need to be adjourned include the following: 1. Masaryk recently filed a third‐party action against Centennial Industries, Inc., and we are in the process of serving Centennial with the third‐party action. Centennial will then have to appear, answer, and get up to speed on written discovery. Depositions should not be held this week, when it is clear that they will have to be conducted again once the third‐party defendant appears. 2. Plaintiff provided three (3) additional medical authorizations as well as an employment authorization in June, 2021. Although those authorizations have been processed, the records have not been received. We believe that we should be in possession of all relevant records prior to depositions taking place. 3. We have not received a response to the Preliminary Conference Order from the Plaintiff. We are hopeful that we will be able to agree to new deposition dates that will take into account these issues. To that end, we respectfully request approval from the Court to adjourn the depositions scheduled for July 21 and 22, 2021, and agree to new deposition dates at the Compliance Conference on August 18, 2021, or with Court assistance today. The Court’s time and attention is greatly appreciated. Respectfully submitted, Susan J. Stromberg Susan J. Stromberg, Esq. Partner 1 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 ............................................ 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.mi bermakris.com. 2 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 From: Brett Nomberg Sent: Tuesday, July 20, 2021 2:16 PM To: Susan Stromberg; sfc-part23@nycourts.gov Cc: Dominika Szybisty; Anne Amatulli; Tiffany Reynoso; Anela Kolenovic Subject: RE: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.: 152948/2020 Attachments: further di 7.20.2021.docx 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 Ms. Phillip: I represent the plaintiff, Joseph Itara, an elevator repairman who on 8/13/19 was injured when the fifth rung of the defendant’s exterior rooftop stairway fell out from underneath due to the accumulation of rust and lack of maintenance. We object to the delay of the court ordered depositions for the reasons as follows. Before defendant served an Answer to our complaint, on February 4, 2020, the insurance adjustor, Rick Futterman, requested and we provided 4 medical authorizations and 2 collateral source (WC) authorizations. He also acknowledged that we would not be required to send duplicate authorizations to his counsel. On August 7, 2020 defendant served their Answer. On September 1, 2020, plaintiff served discovery responses with additional medical authorizations and collateral source authorizations. Plaintiff’s Bill of Particulars with Discovery responses and Discovery Demands were served on October 28, 2020 which contained further medical and work authorizations as well. Plaintiff provided a further medical authorization on May 10, 2021. On June 2, 2021, plaintiff provided further medical authorizations for Dr. Touliopoulos, a surgeon, which authorization was previously provided on September 1, 2020. We also gave an authorization for Surgicare of Manhattan where the plaintiff was intending to have surgery in May, 2021 with Dr. Touliopoulos, but the surgery did not take place because he was not medically cleared. We also gave an authorization for Dr. Daniel Klein, the doctor who did not clear the plaintiff for surgery due to a high blood sugar reading. Thus, the outstanding medical records are immaterial since the plaintiff did not go forward with the surgery. In response to our demands dated October 28, 2020, their client did not respond until five months later on March 22, 2021 which had required motion practice. In their response, the defendant failed to produce any maintenance records or contracts for anyone who would be responsible for maintaining the exterior ladder at issue. Therefore, the Third‐ Party action suing the plaintiff’s employer, the elevator maintenance company, alleging they were responsible for maintaining the exterior stairway and their building, is patently frivolous and merely a delay tactic. No contract or reference to a contract was ever attached to their pleadings showing the Elevator company exercised any control over the exterior stairway at issue. I have already contacted the elevator company’s counsel and was advised they intend to move to dismiss the action, not partake in depositions. 1 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 Lastly, today is the first time defense counsel has advised we did not respond to the PC Order, and fails to delineate what is outstanding. I reviewed their demands and have found items that were not responded to which answers are all none, except of a notice witness we learned about this week. (see attached). I spoke to that witness yesterday and he advised that he was a co‐worker of the plaintiff who told the building several months before the accident that the stairs at issue were structurally unsafe and had rusted. He also advised that he spoke to defense counsel a year ago and told them this, but defense counsel failed to disclose him as a notice witness. The statute of limitations is only a year away and we cannot afford any further delay of the depositions which would unduly prejudice the plaintiff. There could be a maintenance company responsible for the exterior stairway of the defendant’s building that they are not disclosing. All of the reasons defense counsel offered are frivolous. Respectfully, Brett 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 limited to, by the Health Insurance Portability and Accountability Act of 1996 and related regulations. From: Susan Stromberg Sent: Tuesday, July 20, 2021 1:16 PM To: sfc‐part23@nycourts.gov Cc: Brett Nomberg ; Dominika Szybisty ; Anne Amatulli ; Tiffany Reynoso ; Anela Kolenovic Subject: Itara v. Masaryk Towers Corporation v. Centennial Industries, Inc., NY County Index No.: 152948/2020 Dear Ms. Phillip: 2 FILED: NEW YORK COUNTY CLERK 11/03/2021 05:54 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 11/03/2021 This firm represents defendant/third‐party plaintiff Masaryk Towers Corporation i/s/h/a Masaryk Towers Corporation d/b/a Masaryk Towers Management (“Masaryk”). This correspondence seeks Court approval to adjourn deposition dates that had previously been agreed to by the parties. Although the depositions dates on the attached Preliminary Conference Order are June 16 and 17, 2021, the parties agreed at that time to adjourn them to July 21 and 22, 2021. We note that a Compliance Conference is scheduled for August 18, 2021 and the Note of Issue is not due until March 11, 2022. We believe that all discovery will be completed by the Note of Issue date, even if we adjourn the depositions scheduled for this week. We respectfully request that the parties be allowed to reschedule the deposition dates either with the assistance of the Court today, or at the Compliance Conference next month. The reasons that the deposition dates need to be adjourned include the following: 1. Masaryk recently filed a third‐party action against Centennial Industries, Inc., and we are in the process of serving Centennial with the third‐party action. Centennial will then have to appear, answer, and get up to speed on written discovery. Depositions should not be held this week, when it is clear that they will have to be conducted again once the third‐party defendant appears. 2. Plaintiff provided three (3) additional medical authorizations as well as an employment authorization in June, 2021. Although those authorizations have been processed, the records have not been received. We believe that we should be in possession of all relevant records prior to depositions taking place. 3. We have not received a response to the Preliminary Conference Order from the Plaintiff. We are hopeful that we will be able to agree to new deposition dates that will take into account these issues. To that end, we respectfully request approval from the Court to adjourn the depositions scheduled for July 21 and 22, 2021, and agree to new deposition dates at the Compliance Conference on August 18, 2021, or with Court assistance today. The Court’s time and attention 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.mi bermakris.com. 3