On January 29, 2014 a
Motion-Secondary
was filed
involving a dispute between
Peter Columbia,
and
Beatriz Quinones,
Bes Group Inc.,
for Tort
in the District Court of New York County.
Preview
INDEX NO. 151012/2014
FILED: NEW YORK COUNTY CLERK 07/17/2014
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/17/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X Index No.: 151012/2014
PETER COLUMBIA
Plaintiff,
BEATRIZ QUINONES’ AFFIDAVIT
- against - IN OPPOSITION TO PLAINTIFF'S
MOTION FOR DEFAULT
BES GROUP, INC. and BEATRIZ QUINONES JUDGMENT
Defendants.
ee —----X
|, Beatriz Quinones, being duly sworn, hereby say as follows:
1 | am the owner of Defendant BES GROUP, INC. (“BES”). All of the facts stated
herein are of my own knowledge unless| indicate otherwise.
2 | started BES in 2009 as an energy consulting agency in New York City.
3. | retained the law firm of Kagan Lubic Lepper Finkelstein & Gold, LLP (“Kagan”)
in 2013 to represent me in the case Joseph Dj Virgilio v. BES Group, Inc. and Beatriz Quinones,
Index No. 159645/2013. Plaintiff in that matter was represented by Bryan S. Arce from the Arce
Law Group.
4 | was never personally served with the complaint for the instant matter, Peter
Columbia v. BES Group, Inc. and Beatriz Quinones, \ndex No. 151012/2014. | believe that
Bryan Arce arranged for the complaint to be served directly to my attorneys at Kagan.
5. | believed that Kagan was working on submitting an answer to this complaint on
behalf of myself and BES. | know that Kagan was in touch with plaintiffs counsel, Bryan Arce,
because a Stipulation to Adjourn was filed on March 3, 2014. This stipulation extended the time
to answer until April 3, 2014.
6 Due to difficulties | was having with Kagan, | asked that they withdraw from
representing me on or about April 9, 2014.
7 Since that time, | have been diligently trying to find other counsel. | tried to go
through my insurance carrier but they did not approve the claim or provide me or my company
with representation.
8. | have called many attorneys who tell me that they can help me but then change
their minds later. One such attorney, Langweber McQuat, LLP, wrote a letter to the court on
June 17, 2014 to ask that an adjournment be granted on my behalf, to give me additional time to
find representation.
9 | have also been in touch with plaintiffs counsel on this matter. | had a friend
who is a family law attorney contact Bryan Arce to ask for more time on my behalf. | also talked
to Bryan Arce directly, to which he kindly granted me another extension, in a stipulation that was
filed with the court on June 20, 2014.
10. Even up to the week of the return date for plaintiff's default judgment motion, |
have been in contact with no fewer than three different attorneys. | met with someone from
Wilson & Elser who decided not to represent me. Attorney Matthew Heerde also could not
represent me.
aa. | have been extremely diligent in my attempts to get assistance so that | can
answer this complaint on behalf of myself and BES. My diligence is also demonstrated in the
fact that | have answered and participated in the case involving plaintiff Joseph Di Virgilio.
12. My delay in responding has not been intentional or willful. While trying to find
counsel, | have been simultaneously running my business without any employees to assist me.
Bei Quinones
Sworn to before me on
JulyJ7, 2014
Notary Susan S Egan
Notary Public-State of New York
No 02E£G6128381 2
Qualified in New York County
My Commisssion Expires 1[ 14{ 11
Document Filed Date
July 17, 2014
Case Filing Date
January 29, 2014
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INDEX NO. 151012/2014 FILED: NEW YORK COUNTY CLERK 07/17/2014 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/17/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: 151012/2014 PETER COLUMBIA Plaintiff, BEATRIZ QUINONES’ AFFIDAVIT - against - IN OPPOSITION TO PLAINTIFF'S MOTION FOR DEFAULT BES GROUP, INC. and BEATRIZ QUINONES JUDGMENT Defendants. ee —----X |, Beatriz Quinones, being duly sworn, hereby say as follows: 1 | am the owner of Defendant BES GROUP, INC. (“BES”). All of the facts stated herein are of my own knowledge unless| indicate otherwise. 2 | started BES in 2009 as an energy consulting agency in New York City. 3. | retained the law firm of Kagan Lubic Lepper Finkelstein & Gold, LLP (“Kagan”) in 2013 to represent me in the case Joseph Dj Virgilio v. BES Group, Inc. and Beatriz Quinones, Index No. 159645/2013. Plaintiff in that matter was represented by Bryan S. Arce from the Arce Law Group. 4 | was never personally served with the complaint for the instant matter, Peter Columbia v. BES Group, Inc. and Beatriz Quinones, \ndex No. 151012/2014. | believe that Bryan Arce arranged for the complaint to be served directly to my attorneys at Kagan. 5. | believed that Kagan was working on submitting an answer to this complaint on behalf of myself and BES. | know that Kagan was in touch with plaintiffs counsel, Bryan Arce, because a Stipulation to Adjourn was filed on March 3, 2014. This stipulation extended the time to answer until April 3, 2014. 6 Due to difficulties | was having with Kagan, | asked that they withdraw from representing me on or about April 9, 2014. 7 Since that time, | have been diligently trying to find other counsel. | tried to go through my insurance carrier but they did not approve the claim or provide me or my company with representation. 8. | have called many attorneys who tell me that they can help me but then change their minds later. One such attorney, Langweber McQuat, LLP, wrote a letter to the court on June 17, 2014 to ask that an adjournment be granted on my behalf, to give me additional time to find representation. 9 | have also been in touch with plaintiffs counsel on this matter. | had a friend who is a family law attorney contact Bryan Arce to ask for more time on my behalf. | also talked to Bryan Arce directly, to which he kindly granted me another extension, in a stipulation that was filed with the court on June 20, 2014. 10. Even up to the week of the return date for plaintiff's default judgment motion, | have been in contact with no fewer than three different attorneys. | met with someone from Wilson & Elser who decided not to represent me. Attorney Matthew Heerde also could not represent me. aa. | have been extremely diligent in my attempts to get assistance so that | can answer this complaint on behalf of myself and BES. My diligence is also demonstrated in the fact that | have answered and participated in the case involving plaintiff Joseph Di Virgilio. 12. My delay in responding has not been intentional or willful. While trying to find counsel, | have been simultaneously running my business without any employees to assist me. Bei Quinones Sworn to before me on JulyJ7, 2014 Notary Susan S Egan Notary Public-State of New York No 02E£G6128381 2 Qualified in New York County My Commisssion Expires 1[ 14{ 11