On September 13, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Xxxxx M. Xxxxxx,
Jane Doe,
and
530 Hospitality Llc
D B A The Skylark,
Stan Polovets,
for Torts - Adult Survivors Act
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
xxxxxxxxxxxx, Index No. 952102/2023
(Engoron, J.)
Plaintiff,
Motion Seq. 6
v.
SUR-REPLY AFFIRMATION IN
STAN POLOVETS and 530 HOSPITALITY LLC SUPPORT OF STAN POLOVETS’S
d/b/a THE SKYLARK, OPPOSITION TO PLAINTIFF’S
MOTION TO SUBSTITUTE
Defendants.
I, Rita M. Glavin, an attorney duly admitted in the State of New York, affirm pursuant to
CPLR § 2106 that:
1. I am the principal attorney of Glavin PLLC, counsel to Defendant Stan Polovets in
the above-captioned action. I respectfully submit this affirmation to place before the Court certain
documents referenced in Mr. Polovets’s Sur-Reply Memorandum of Law in Support of Mr.
Polovets’s Opposition to Plaintiff xxxxx M. xxxxxx’s Motion to Substitute Trustee as Plaintiff.
2. On March 21, 2024, in response to a so-ordered subpoena duces tecum, Empire
City Laboratories (“ECL”) produced a “patient information” form for xxxxxxxxxxxx. Attached as
Exhibit A is a true and correct copy of the “patient information” form produced by ECL.
3. Portions of the Empire City Laboratories Test Report (NYSCEF No. 139, the “ECL
Test Report”) in Mr. Polovets’s Sur-Reply are true and accurate excerpts of that document with
highlighting added where indicated.
1
1 of 3
FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024
Dated: New York, New York
April 23, 2024
I affirm this 23rd day of April 2024, under the penalties of perjury under the laws of New York,
which may include a fine or imprisonment, that the foregoing is true, and I understand that this
document may be filed in an action or proceeding in a court of law.
/s/ Rita M. Glavin
Rita M. Glavin
2
2 of 3
FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024
CERTIFICATION
The undersigned hereby certifies, pursuant to the Court’s Uniform Rule 202.8-b, that the
foregoing Affirmation contains 152 words exclusive of the caption and signature block.
Dated: New York, New York
April 23, 2024
__/s/ Rita M. Glavin__
RITA M. GLAVIN
3
3 of 3
Document Filed Date
April 23, 2024
Case Filing Date
September 13, 2023
Category
Torts - Adult Survivors Act
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FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK xxxxxxxxxxxx, Index No. 952102/2023 (Engoron, J.) Plaintiff, Motion Seq. 6 v. SUR-REPLY AFFIRMATION IN STAN POLOVETS and 530 HOSPITALITY LLC SUPPORT OF STAN POLOVETS’S d/b/a THE SKYLARK, OPPOSITION TO PLAINTIFF’S MOTION TO SUBSTITUTE Defendants. I, Rita M. Glavin, an attorney duly admitted in the State of New York, affirm pursuant to CPLR § 2106 that: 1. I am the principal attorney of Glavin PLLC, counsel to Defendant Stan Polovets in the above-captioned action. I respectfully submit this affirmation to place before the Court certain documents referenced in Mr. Polovets’s Sur-Reply Memorandum of Law in Support of Mr. Polovets’s Opposition to Plaintiff xxxxx M. xxxxxx’s Motion to Substitute Trustee as Plaintiff. 2. On March 21, 2024, in response to a so-ordered subpoena duces tecum, Empire City Laboratories (“ECL”) produced a “patient information” form for xxxxxxxxxxxx. Attached as Exhibit A is a true and correct copy of the “patient information” form produced by ECL. 3. Portions of the Empire City Laboratories Test Report (NYSCEF No. 139, the “ECL Test Report”) in Mr. Polovets’s Sur-Reply are true and accurate excerpts of that document with highlighting added where indicated. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024 Dated: New York, New York April 23, 2024 I affirm this 23rd day of April 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. /s/ Rita M. Glavin Rita M. Glavin 2 2 of 3 FILED: NEW YORK COUNTY CLERK 04/23/2024 03:04 PM INDEX NO. 952102/2023 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 04/23/2024 CERTIFICATION The undersigned hereby certifies, pursuant to the Court’s Uniform Rule 202.8-b, that the foregoing Affirmation contains 152 words exclusive of the caption and signature block. Dated: New York, New York April 23, 2024 __/s/ Rita M. Glavin__ RITA M. GLAVIN 3 3 of 3