On November 03, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Fernando Pinos Cabrera,
and
Emily M Russell,
Empire Today,
for Tort
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 06/30/2020 04:19 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------X
FERNANDO PINOS CABRERA,
Index No. 711448/15
Plaintiff,
NOTICE OF MOTION TO
-against- DISMISS
EMILY M. RUSSELL, EMPIRE TODAY and
PETER LUGER CONSTRUCTION, INC., Justice Assigned:
Hon. Robert Modica
Defendant.
-----------------------------------------------------------------------X
EMPIRE TODAY, LLC, Return Date: July 27, 2020
Third Party Plaintiff,
-against-
Oral argument is not requested.
JANNELLY FLOORING & CARPETING, INC.,
Third Party Defendant.
-------------------------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the annexed affirmation of Kevin P. Slattery, dated
the June 27, 2020, upon the annexed exhibits and upon all the proceedings had herein, a motion
will be made at this Court Assigned Justice thereof, to be held at the Courthouse located at 88-11
Sutphin Blvd, Jamaica, NY, on July 27, 2020, at 9:30 o'clock in the forenoon of that day or as
soon thereafter as counsel can be heard for an order pursuant to CPLR 3126 dismissing the
plaintiff's complaint for failing to comply with Court ordered Discovery Stipulation dated
11/12/19.
The above entitled action is for Personal Injury .
A Note of Issue has been filed in this action.
An affirmation that a good faith effort has been made to resolve the issues raised in this
motion is annexed hereto.
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FILED: QUEENS COUNTY CLERK 06/30/2020 04:19 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/30/2020
PLEASE TAKE FURTHER NOTICE, that answering affirmations must be served upon
the undersigned pursuant to CPLR 2214(b) at least seven (7) days prior to the return date herein.
Dated: Melville, New York
June 27, 2020
Yours, etc.,
LAW OFFICES OF TROMELLO & FISHMAN
Attorneys for Defendant
Empire Today, LLC
395 North Service Road
P.O. Box 9038
Melville, NY 11747
631-577-2400
Legal File No.: 1162118319
By: ________________________________
KEVIN P. SLATTERY
To:
William, Schwitzer & Associates, P.C.
Attorneys for Plaintiff
820 Second Avenue, 10th Floor
New York, NY 10017
(212) 683-3800
Mead, Hecht, Conklin & Gallagher, LLP
Attorneys for Defendant
EMILYM RUSSELL
925 Westchester Avenue, Suite 302
White Plains, NY 10604
914-899-3100
Cascone & Kluepfel, LLP
Attorneys for Defendant
PETER LUGER CONSTRUCTION, INC.
1399 Franklin Avenue - Suite 302
Garden City, NY 11530
516-747-1990
2 of 2
Document Filed Date
June 30, 2020
Case Filing Date
November 03, 2015
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Preview
FILED: QUEENS COUNTY CLERK 06/30/2020 04:19 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X FERNANDO PINOS CABRERA, Index No. 711448/15 Plaintiff, NOTICE OF MOTION TO -against- DISMISS EMILY M. RUSSELL, EMPIRE TODAY and PETER LUGER CONSTRUCTION, INC., Justice Assigned: Hon. Robert Modica Defendant. -----------------------------------------------------------------------X EMPIRE TODAY, LLC, Return Date: July 27, 2020 Third Party Plaintiff, -against- Oral argument is not requested. JANNELLY FLOORING & CARPETING, INC., Third Party Defendant. -------------------------------------------------------------------------x PLEASE TAKE NOTICE, that upon the annexed affirmation of Kevin P. Slattery, dated the June 27, 2020, upon the annexed exhibits and upon all the proceedings had herein, a motion will be made at this Court Assigned Justice thereof, to be held at the Courthouse located at 88-11 Sutphin Blvd, Jamaica, NY, on July 27, 2020, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an order pursuant to CPLR 3126 dismissing the plaintiff's complaint for failing to comply with Court ordered Discovery Stipulation dated 11/12/19. The above entitled action is for Personal Injury . A Note of Issue has been filed in this action. An affirmation that a good faith effort has been made to resolve the issues raised in this motion is annexed hereto. 1 of 2 FILED: QUEENS COUNTY CLERK 06/30/2020 04:19 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/30/2020 PLEASE TAKE FURTHER NOTICE, that answering affirmations must be served upon the undersigned pursuant to CPLR 2214(b) at least seven (7) days prior to the return date herein. Dated: Melville, New York June 27, 2020 Yours, etc., LAW OFFICES OF TROMELLO & FISHMAN Attorneys for Defendant Empire Today, LLC 395 North Service Road P.O. Box 9038 Melville, NY 11747 631-577-2400 Legal File No.: 1162118319 By: ________________________________ KEVIN P. SLATTERY To: William, Schwitzer & Associates, P.C. Attorneys for Plaintiff 820 Second Avenue, 10th Floor New York, NY 10017 (212) 683-3800 Mead, Hecht, Conklin & Gallagher, LLP Attorneys for Defendant EMILYM RUSSELL 925 Westchester Avenue, Suite 302 White Plains, NY 10604 914-899-3100 Cascone & Kluepfel, LLP Attorneys for Defendant PETER LUGER CONSTRUCTION, INC. 1399 Franklin Avenue - Suite 302 Garden City, NY 11530 516-747-1990 2 of 2