Preview
INDEX NO. 158327/2013
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/10/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK.
mene en ene e nen ne neem amen enen nen ennenenenneene, Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, NOTICE OF MOTION
TO PRECLUDE &
-against- COMPEL
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
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PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
wenn nnn nen ten enn nen ee ene nenenene:
SIRS
PLEASE TAKE NOTICE, that upon the annexed affirmation of Charles J. Siegel, Esq.,
dated November 6, 2014, the defendant's demand for a Bill of Particulars and upon all the
pleadings and proceedings heretofore had herein, a motion will be made before this Court to be
held at the Courthouse located at 60 Centre Street, Room 130, New York, NY on 3° day of
December, at 9:30 in the forenoon of that day, or as soon thereafter as counsel can be heard, for
an Order precluding plaintiff and third-party plaintiff upon the trial herein from introducing any
evidence as to the matters in respect to each and every particular demanded by the third-party
defendant BARING INDUSTRIES, INC., as appears from said demand for a Bill of Particulars,
and for an Order pursuant to CPLR §3124 directing the plaintiff to comply with the discovery
demands, and for a further Order pursuant to CPLR §3126 striking the pleadings of the plaintiff
and third-party plaintiff, if plaintiff and third-party plaintiff fails to comply with the
aforementioned Order within the time provided therein, along with such other and further relief
as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that notice of this motion having been served
upon you more than 12 days prior to the return date thereof, all answering affidavits, if any, are to
be served upon the undersigned no later than seven (7) days prior to the said return date.
Dated: New York, New York
November 6, 2014
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
125 Broad Street
7" Floor
New York, New York 10004
(212) 440-235
By
S J. Siegel
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
Attorney for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
212-527-1014
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INDEX NO. 158327/2013 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/10/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. mene en ene e nen ne neem amen enen nen ennenenenneene, Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, NOTICE OF MOTION TO PRECLUDE & -against- COMPEL NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. wenn n nn ncn n nnn nnn nee nee enn nnne mene nenee PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. wenn nnn nen ten enn nen ee ene nenenene: SIRS PLEASE TAKE NOTICE, that upon the annexed affirmation of Charles J. Siegel, Esq., dated November 6, 2014, the defendant's demand for a Bill of Particulars and upon all the pleadings and proceedings heretofore had herein, a motion will be made before this Court to be held at the Courthouse located at 60 Centre Street, Room 130, New York, NY on 3° day of December, at 9:30 in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order precluding plaintiff and third-party plaintiff upon the trial herein from introducing any evidence as to the matters in respect to each and every particular demanded by the third-party defendant BARING INDUSTRIES, INC., as appears from said demand for a Bill of Particulars, and for an Order pursuant to CPLR §3124 directing the plaintiff to comply with the discovery demands, and for a further Order pursuant to CPLR §3126 striking the pleadings of the plaintiff and third-party plaintiff, if plaintiff and third-party plaintiff fails to comply with the aforementioned Order within the time provided therein, along with such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that notice of this motion having been served upon you more than 12 days prior to the return date thereof, all answering affidavits, if any, are to be served upon the undersigned no later than seven (7) days prior to the said return date. Dated: New York, New York November 6, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 125 Broad Street 7" Floor New York, New York 10004 (212) 440-235 By S J. Siegel To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C Attorneys for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 212-527-1014