Motion-Secondary: Elba S. Mella v. Coogan'S, Royal Charter Properties, Inc., The City Of New York

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                                FILED:         NEW     YORK       COUNTY        CLERK        12/02/2015             01:23        PM                 INDEX    NO.   157971/2015
   NYSCEF     DOC.   NO.   15                                                                                 RECEIVED      NYSCEF:     12/02/2015




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK
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                  ELBA SOCORRO MELLA,
                                                                                          AFFIRMATION IN
                                                               Plaintiff,                 OPPOSITION
                                                                                          Index No.:         157971/2015
                                    -against-

                  COOGAN’S,
                  ROYAL CHARTER PROPERTIES, INC., and
                  THE CITY OF NEW YORK,

                                                               Defendants.
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                           Daniel Melucci, an attorney duly admitted to practice law before the Courts of the State of

                  New York, hereby affirms the truth of the following pursuant to the penalties of perjury:

                           1.   I am the principal of Melucci Firm, P.C., attorney for the plaintiff ELBA SOCORRO

                                MELLA in the above-captioned matter and as such I am fully familiar with the facts

                                and circumstances pursuant to the records and file my office maintains thereon.

                           2.   This affirmation is submitted in opposition to the motion of the defendant 600 WEST

                                169th REST. INC. d/b/a COOGAN’S striking the plaintiff’s complaint for failure to

                                respond to discovery demands.

                           3.   It is respectfully submitted that plaintiff has provided responses (Exhibit “A”) and

                                accordingly, the motion is now largely moot.

                           4.   Accordingly, plaintiff requests that the motion be denied in its entirety and that a

                                discovery conference be scheduled.


                           WHEREFORE, your affirmant respectfully requests that the defendant’s motion be denied

                  in its entirety and for any such other and further relief as this Honorable Court may deem to be just,

                  proper and equitable.
                  Dated:   Garden City, New York
                           December 2, 2015
                                                                                          Yours, etc.



                                                                                          ___________________________
                                                                                          Daniel Melucci
                                                                                          Melucci Firm, P.C.
                                                                                          Attorney for Plaintiff
                                                                                          Office & P.O. Address:
                                                                                          1100 Franklin Avenue, Suite 305
                                                                                          Garden City, New York 11530
                                                                                          (347) 745-5550