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FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---_________ __ _ _ ____ _ __ _ ________-_ __________---.X
ROSE ALTMAN,
Plaintiff, Index No.: 509738/15
-against-
AFFIRMATION
IN SUPPORT
REALTY EQUITY HOLDINGS 3820, LLC,
ACAD1A 3780-3858 NOSTRAND AVENUE LLC,
NOSTRAND PROPERTIES, LLC,
ACADIA NOSTRAND AVENUE LLC,
Defendants.
----------------------------------------X
NOSTRAND PROPERTIES, LLC,
Third-Party Plaintiff,
-against-
3838 MEAT MARKET, INC.,
Third-Party Defendant,
-----------------------------------X
Jordan Jacob Nazarzadeh, an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the following to be true under the penalties of perjury:
1. I am an attorney with Rosenbaum & Rosenbaum, P.C., attorneys for the plaintiff,
ROSE ALTMAN, and as such I am familiar with the facts and circumstances of this action.
2. I make this affirmation in support issue an Order pursuant to 1) pursuant to 22
NYCRR 202.21(d) extending plaintiffs time to file a Note of Issue, together with such further and
other relief this Court deems just and fair.
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FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017
3. This is a personal injury action whereon plaintiff fell on September 24, 2012 exiting
the premises of 3838 Nostrand Avenue, Brooklyn, NY 11235. At said premises, Plaintiff tripped
and fell over a dangerous condition on the property.
4. Plaintiff filed a Motion to preclude/compel and extend the Note of Issue date which
was decided on December 15, 2017. At that time, the Court advised that all motions to extend the
Note of Issue needed to be filed separately. Thus, the reason for this motion.
5. The substance of the motion decided on December 15, 2017 was a discovery motion
wherein there was significant discovery stilloutstanding, including the depositions of the Defendant
and Third-Party Defendant. These depositions are scheduled to occur on January 29, 2018 and
February 1, 2018. The Note of Issue is currently due January 31, 2018.
6. Pursuant to 22 NYCRR 202.21(d), "[w}here a party is prevented from filing a note of
issue and certificate of readiness because a pretrialproceeding has not been completed for any reason
beyond the control of the party, the court, upon motion supported by affidavit, may permit the party
appropriate."
to file a note of issue upon such conditions as the court deems
7. In view of the above, your affirmant respectfully requests that this Court extends
plaintiff s time to file a Note of Issue pursuant to 22 NYCRR 202.21(d), to allow depositions of
both the Defendant and the Third-Party Defendant to finally take place.
8. There was been no prior relief sought regarding this issue other than the stipulations
and motions filed previously.
WHEREFORE, itis respectfully requested that the Court grant plaintiffs motion and issue
an Order pursuant to 22 NYCRR 202.21(d) extending plaintiffs time to file a Note of Issue,
together with such further and other relief this Court deems just and fair,
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FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017
Dated: New York, New York
December 20, 2017
J - AN JACOB ESQ.
NAZARZADEH,
osenbaum & Rosenbaum, P.C.
~ Attorneys for Plaintiff
15*
100 Wall Street, Floor
New York, New York 10005
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Preview
FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---_________ __ _ _ ____ _ __ _ ________-_ __________---.X ROSE ALTMAN, Plaintiff, Index No.: 509738/15 -against- AFFIRMATION IN SUPPORT REALTY EQUITY HOLDINGS 3820, LLC, ACAD1A 3780-3858 NOSTRAND AVENUE LLC, NOSTRAND PROPERTIES, LLC, ACADIA NOSTRAND AVENUE LLC, Defendants. ----------------------------------------X NOSTRAND PROPERTIES, LLC, Third-Party Plaintiff, -against- 3838 MEAT MARKET, INC., Third-Party Defendant, -----------------------------------X Jordan Jacob Nazarzadeh, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: 1. I am an attorney with Rosenbaum & Rosenbaum, P.C., attorneys for the plaintiff, ROSE ALTMAN, and as such I am familiar with the facts and circumstances of this action. 2. I make this affirmation in support issue an Order pursuant to 1) pursuant to 22 NYCRR 202.21(d) extending plaintiffs time to file a Note of Issue, together with such further and other relief this Court deems just and fair. 1 of 3 FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017 3. This is a personal injury action whereon plaintiff fell on September 24, 2012 exiting the premises of 3838 Nostrand Avenue, Brooklyn, NY 11235. At said premises, Plaintiff tripped and fell over a dangerous condition on the property. 4. Plaintiff filed a Motion to preclude/compel and extend the Note of Issue date which was decided on December 15, 2017. At that time, the Court advised that all motions to extend the Note of Issue needed to be filed separately. Thus, the reason for this motion. 5. The substance of the motion decided on December 15, 2017 was a discovery motion wherein there was significant discovery stilloutstanding, including the depositions of the Defendant and Third-Party Defendant. These depositions are scheduled to occur on January 29, 2018 and February 1, 2018. The Note of Issue is currently due January 31, 2018. 6. Pursuant to 22 NYCRR 202.21(d), "[w}here a party is prevented from filing a note of issue and certificate of readiness because a pretrialproceeding has not been completed for any reason beyond the control of the party, the court, upon motion supported by affidavit, may permit the party appropriate." to file a note of issue upon such conditions as the court deems 7. In view of the above, your affirmant respectfully requests that this Court extends plaintiff s time to file a Note of Issue pursuant to 22 NYCRR 202.21(d), to allow depositions of both the Defendant and the Third-Party Defendant to finally take place. 8. There was been no prior relief sought regarding this issue other than the stipulations and motions filed previously. WHEREFORE, itis respectfully requested that the Court grant plaintiffs motion and issue an Order pursuant to 22 NYCRR 202.21(d) extending plaintiffs time to file a Note of Issue, together with such further and other relief this Court deems just and fair, 2 of 3 FILED: KINGS COUNTY CLERK 12/20/2017 01:45 PM INDEX NO. 509738/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 12/20/2017 Dated: New York, New York December 20, 2017 J - AN JACOB ESQ. NAZARZADEH, osenbaum & Rosenbaum, P.C. ~ Attorneys for Plaintiff 15* 100 Wall Street, Floor New York, New York 10005 3 of 3