On March 23, 2016 a
Motion-Secondary
was filed
involving a dispute between
Elliot Pincus Galpern
3Rd Party Plaintiff,
Esther Frankel-Ross,
Haje, Llc,
Joseph Goldstein,
Jules Leventhal,
and
331 Dahill Llc,
Elliot Pincus Galpern,
Mayer Hersh Noskow Dds,
Rachel Goldberger,
Ramchal 5, Llc,
Steven Chaim Goldberger
A K A Steven Goldberg A K A Chaim Goldberger A K A Chaim Tzvi Goldberger,
Stewart Title Insurance Company
3Rd Party Deft,
Successful Abstract Llc
3Rd Party Deft,
for Commercial - Other (Judgment enforcement)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016
NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JULES LEVENTHAL; and HAJE, LLC;
ESTHER FRANKEL-ROSS; and
JOSEPH GOLDSTEIN, Index No. 504304/2016
Plaintiffs,
- against - RESPONSE TO PRELIMINARY
CONFERENCE ORDER
331 DAHILL LLC; MAYER HERSH NOSKOW,
D.D.S.; RAMCHAL 5, LLC; ELLIOT PINCUS
GALPERN; STEVEN CHAIM GOLDBERGER
a/k/a Steven Goldberg a/k/a Chaim Goldberger
a/k/a Chaim Tzvi Goldberger; and
RACHEL GOLDBERGER,
Defendants.
ELLIOT PINCUS GALPERN,
Third-Party Plaintiff,
- against -
SUCCESSFUL ABSTRACT, LLC and
STEWART TITLE INSURANCE COMPANY,
Third-Party Defendants.
Defendant/third-party plaintiff, Elliot Pincus Galpern (“Galpern”), by his attorneys, David
H. Singer & Associates LLP, answers the Preliminary Conference Order dated August 14, 2017
(NYSCEF Doc. No. 78) (the “PC Order”), as follows:
IV. INSURANCE COVERAGE (INCLUDING EXCESS AND/ OR UMBRELLA
COVERAGE)
See plaintiffs’ Third-Party Complaint (NYSCEF Doc. No. 33).
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NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019
IX. OTHER DISCLOSURE:
2. ALL PARTIES TO EXCHANGE NAMES AND ADDRESSES OF ALL
WITNESSES, OPPOSING PARTIES’ STATEMENTS,
PHOTOGRAPHS, SURVEILLANCE TAPES, AND ACCIDENT
REPORTS PREPARED IN THE ORDINARY COURSE OF BUSINESS.
IF NONE, AN AFFIRMATION TO THAT EFFECT SHALL BE
PROVIDED.
Witnesses known to Galpern, other than himself, are as follows:
Mohammed J. Abedin
(address unknown);
Michelle Abramov (née Galpern)
139 Fulton Street, Ste. 300
New York, NY 10038;
Chaim (surname unknown)
(address unknown);
Chesky Fuchs
190 North 10th St., Ste. 311
Brooklyn, NY 11211;
Mark Fuchs
5314 16th Avenue, Ste. 139
Brooklyn, NY 11204;
Mordche Fuchs
1148 40th St.
Brooklyn, NY 11218-1935;
Louis Galpern
139 Fulton Street, Ste. 300
New York, NY 10038;
Rachel Goldberger
331 Dahill Rd.
Brooklyn, NY 11218;
Steven “Chaim” Goldberger
331 Dahill Rd.
Brooklyn, NY 11218;
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FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016
NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019
Jamie Herbst
5021 17th Ave.
Brooklyn, NY 11204;
Jacob Herbst
5021 17th Ave.
Brooklyn, NY 11204;
Joseph Lebovits
(address unknown);
Mayer H. Noskow
65 Wesley Chapel Rd.
Suffern, NY 10901;
Moishe (surname unknown)
(address unknown);
For “opposing parties’ statements”, see Galpern’s Response to Notice for
Discovery and Inspection to Defendant/Third-Party Plaintiff Elliot Pincus
Galpern, dated December 11, 2017; Response to Combined Demands to
Defendant/Third-Party Plaintiff Elliot Pincus Galpern, dated December 11,
2017; and Supplemental Response to Combined Demands to Defendant/
Third-Party Plaintiff Elliot Pincus Galpern, dated March 12, 2019.
As more fully set forth in the accompanying Affidavit in Response to
Preliminary Conference Order, sworn to March __, 2019, Galpern possesses
no “photographs, surveillance tapes, [or] accident reports”.
5. ALL PARTIES SHALL SUPPLY EXPERT WITNESS DISCLOSURE
PURSUANT TO CPLR.
As set forth in his Affidavit in Response to Preliminary Conference
Order, sworn to March __, 2019, Galpern has not retained or consulted any
expert witnesses in connection with the above actions.
TAKE NOTICE that all rights to supplement and amend this response, or to assert
objections on grounds not now known to Galpern are reserved.
Dated: New York, New York
March 12, 2019
DAVID H. SINGER & ASSOCIATES, LLP
By:/s/ David H. Singer
David H. Singer, Esq.
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FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016
NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019
233 Broadway, Suite 810
New York, New York 10279
(212) 233-8800
Attorneys for Elliot Pincus Galpern
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Preview
FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JULES LEVENTHAL; and HAJE, LLC; ESTHER FRANKEL-ROSS; and JOSEPH GOLDSTEIN, Index No. 504304/2016 Plaintiffs, - against - RESPONSE TO PRELIMINARY CONFERENCE ORDER 331 DAHILL LLC; MAYER HERSH NOSKOW, D.D.S.; RAMCHAL 5, LLC; ELLIOT PINCUS GALPERN; STEVEN CHAIM GOLDBERGER a/k/a Steven Goldberg a/k/a Chaim Goldberger a/k/a Chaim Tzvi Goldberger; and RACHEL GOLDBERGER, Defendants. ELLIOT PINCUS GALPERN, Third-Party Plaintiff, - against - SUCCESSFUL ABSTRACT, LLC and STEWART TITLE INSURANCE COMPANY, Third-Party Defendants. Defendant/third-party plaintiff, Elliot Pincus Galpern (“Galpern”), by his attorneys, David H. Singer & Associates LLP, answers the Preliminary Conference Order dated August 14, 2017 (NYSCEF Doc. No. 78) (the “PC Order”), as follows: IV. INSURANCE COVERAGE (INCLUDING EXCESS AND/ OR UMBRELLA COVERAGE) See plaintiffs’ Third-Party Complaint (NYSCEF Doc. No. 33). M:\GALPERN\gal331.pc-order.response.1.1.wpd 1 of 4 FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019 IX. OTHER DISCLOSURE: 2. ALL PARTIES TO EXCHANGE NAMES AND ADDRESSES OF ALL WITNESSES, OPPOSING PARTIES’ STATEMENTS, PHOTOGRAPHS, SURVEILLANCE TAPES, AND ACCIDENT REPORTS PREPARED IN THE ORDINARY COURSE OF BUSINESS. IF NONE, AN AFFIRMATION TO THAT EFFECT SHALL BE PROVIDED. Witnesses known to Galpern, other than himself, are as follows: Mohammed J. Abedin (address unknown); Michelle Abramov (née Galpern) 139 Fulton Street, Ste. 300 New York, NY 10038; Chaim (surname unknown) (address unknown); Chesky Fuchs 190 North 10th St., Ste. 311 Brooklyn, NY 11211; Mark Fuchs 5314 16th Avenue, Ste. 139 Brooklyn, NY 11204; Mordche Fuchs 1148 40th St. Brooklyn, NY 11218-1935; Louis Galpern 139 Fulton Street, Ste. 300 New York, NY 10038; Rachel Goldberger 331 Dahill Rd. Brooklyn, NY 11218; Steven “Chaim” Goldberger 331 Dahill Rd. Brooklyn, NY 11218; M:\GALPERN\gal331.pc-order.response.1.1.wpd -2- 2 of 4 FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019 Jamie Herbst 5021 17th Ave. Brooklyn, NY 11204; Jacob Herbst 5021 17th Ave. Brooklyn, NY 11204; Joseph Lebovits (address unknown); Mayer H. Noskow 65 Wesley Chapel Rd. Suffern, NY 10901; Moishe (surname unknown) (address unknown); For “opposing parties’ statements”, see Galpern’s Response to Notice for Discovery and Inspection to Defendant/Third-Party Plaintiff Elliot Pincus Galpern, dated December 11, 2017; Response to Combined Demands to Defendant/Third-Party Plaintiff Elliot Pincus Galpern, dated December 11, 2017; and Supplemental Response to Combined Demands to Defendant/ Third-Party Plaintiff Elliot Pincus Galpern, dated March 12, 2019. As more fully set forth in the accompanying Affidavit in Response to Preliminary Conference Order, sworn to March __, 2019, Galpern possesses no “photographs, surveillance tapes, [or] accident reports”. 5. ALL PARTIES SHALL SUPPLY EXPERT WITNESS DISCLOSURE PURSUANT TO CPLR. As set forth in his Affidavit in Response to Preliminary Conference Order, sworn to March __, 2019, Galpern has not retained or consulted any expert witnesses in connection with the above actions. TAKE NOTICE that all rights to supplement and amend this response, or to assert objections on grounds not now known to Galpern are reserved. Dated: New York, New York March 12, 2019 DAVID H. SINGER & ASSOCIATES, LLP By:/s/ David H. Singer David H. Singer, Esq. M:\GALPERN\gal331.pc-order.response.1.1.wpd -3- 3 of 4 FILED: KINGS COUNTY CLERK 03/13/2019 03:33 PM INDEX NO. 504304/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 03/13/2019 233 Broadway, Suite 810 New York, New York 10279 (212) 233-8800 Attorneys for Elliot Pincus Galpern M:\GALPERN\gal331.pc-order.response.1.1.wpd -4- 4 of 4