On March 19, 2020 a
NOTICE OF MOTION
was filed
involving a dispute between
Joseph Itara,
Tabetha Itara,
and
Masaryk Towers Corporation D B A Masaryk Towers Management,
Metro Management & Development Inc., A K A Metro Management Devel., Inc.,
for Torts - Other (Premises Liability)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/25/2021 02:48 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 08/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X Index No.: 152948/2020
JOSEPH ITARA and TABETHA ITARA,
Plaintiffs,
- against - NOTICE OF MOTION
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT,
Defendant.
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MASARYK TOWERS CORPORATION i/s/h/a MASARYK
TOWERS CORPORATION d/b/a MASARYK TOWERS
MANAGEMENT,
Third-Party Plaintiff,
- against -
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
Third-Party Defendant.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the Attorney’s Affirmation and Good Faith Affirmation
of BRETT J. NOMBERG each dated August 25, 2021, and upon all the exhibits, pleadings, papers
annexed hereto, and the prior proceedings herein, a motion will be made before the above
captioned Court at 60 Centre Street, New York, New York, Motion Support Office, Room 130, on
the 13th day of September, 2021, at 9:30 o’clock in the forenoon of that day, or as soon thereafter
as counsel can be heard for an Order:
a) pursuant to CPLR Section 3126 striking the pleadings of the defendant MASARYK
TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT for engaging
in a willful pattern of delaying court ordered discovery, violating court orders, withholding
duly demanded discovery, and providing material misrepresentations which concealed the
existence of duly demanded discovery; and
b) pursuant to CPLR Section 1010 dismissing the defendant’s frivolous Third-Party action;
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FILED: NEW YORK COUNTY CLERK 08/25/2021 02:48 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 08/25/2021
c) pursuant to CPLR Section 603 severing the defendant’s frivolous Third-Party action;
d) Granting any further relief this Court deems just and proper.
PLEASE TAKE NOTICE, that this is a personal injury action.
PLEASE TAKE NOTICE, that pursuant to CPLR §2214(b) answering affidavits, if any, are
to be served upon the undersigned at least seven (7) days prior to the return date of this motion.
Dated: Westchester, New York
August 25, 2021
Yours, etc.,
BRAND BRAND NOMBERG
& ROSENBAUM, LLP
Attorneys for Plaintiffs
Brett Nomberg, electronically signed
By: Brett J. Nomberg
622 Third Avenue, 7th Floor
New York, NY 10017
Tel. (212) 808-0448
TO:
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorney for Defendant
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT,
1000 Woodbury Road, Suite 402
Ph#: (516)712-4000
CENTENNIAL ELEVATOR INDUSTRIES, INC., (by overnight mail)
24-35 47th Street
Astoria, NY 11103
(No Appearance)
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Document Filed Date
August 25, 2021
Case Filing Date
March 19, 2020
Category
Torts - Other (Premises Liability)
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