On September 06, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Jason Starkman,
Viviana Chiriboga,
and
City Of New York,
Ivan Grbic,
John Doe I Believed To Be An Employee Of The New York City Police Department, And,
John Doe Ii,
New York City Police Department,
New York City Transit Authority,
William J. Hayes,
for Tort
in the District Court of Kings County.
Preview
(FILED: KINGS COUNTY CLERK 06/09/2017 02:34 PM)
- : INDEX NO. 50.
NYSCEF DOC. NO. 27 9279/2013
130 Livingston Street Veronique Hakim RECEIVED NYSCEF: 06/09/2017
Brooklyn, NY 11201 President
New York City Transit
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
nwenenannss
JASON STARKMAN and VIVIANA CHIRIBOGA,
Plaintiffs,
-against-
NEW YORK CITY TRANSIT AUTHORITY, WILLIAM M@eX NO“ 505279/13
J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW
YORK CITY POLICE DEPARTMENT, JOHN DOE I,
believed to be an employee of the NEW YORK CITY
POLICE DEPARTMENT and JOHN DOE I
NOTICE OF MOTION
Defendants.
PLEASE TAKE NOTICE, that upon the annexed affirmation of JAMES G.
PRESTON, dated June 8, 2017 and upon all the pleadings and proceedings heretofore had
herein, the undersigned will move this Court at a Motion Part 20 thereof, at the courthouse
located at 360 Adams Street, Brooklyn, New York, on July 19, 2017, at 9:30 a.m., or as
soon thereafter as counsel can be heard, for an Order: (1) pursuant to CPLR 3124 and 3126
striking the plaintiff's complaint; (2) precluding the plaintiff from offering any evidence at
the trial of this action; or, (3) pursuant to 22 NYCRR 202.21(3), striking the Note of Issue
and Certificate of Readiness of Plaintiff, and removing this action from the Trial Calendar
on the grounds that all discovery has not been completed; (4) pursuant to CPLR 3212(a)
extending defendant(s) time to move for summary judgment until 120 days from the date
of completion of all outstanding discovery; (5) pursuant to CPLR 3124 and 3126,
compelling the plaintiff(s), and co-defendant(s) (if any), to complete discovery in this
matter, or, in the alternative, precluding the plaintiff(s), and co-defendant(s) (if any), from
MTA New York City Transit is an agency of the Metropolitan Transportation Authority, State of New York
lof 2 58-02-6190 1271(FILED: KINGS COUNTY CLERK 06/09/2017 02:34 PM INDEX NO. 505279/2013
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/09/2017
offering any evidence at the trial of this action as to any subject, claim or issue for which
discovery has not been provided; and (6) for such other and further relief as this Court
deems just and proper.
This is an action brought to recover damages for personal injuries sustained as a
result of alleged negligence.
PLEASE TAKE FURTHER NOTICE, which answering papers, if any, must be
served on the undersigned at least seven (7) days prior to the return date of this motion
pursuant to CPLR 2214(b).
Dated: Syosset, New York
June 8, 2017 Yours, etc.
Counsel to LAWRENCE HEISLER, Esq.
Attorney for Defendant(s) NYCTA
118A Jackson Avenue
Syosset, New York 11791
516-322-3990
TO:
SALINGER, SACK, KIMMEL
& BAVARO, LLP
Attorneys for Plaintiff
180 Froehlich Farm Boulevard
Woodbury, New York 11797
516-677-0100
JAMES BILELLO & ASSOC.
Attorney for Defendant GRBIC
875 Merrick Avenue
Westbury, New York 11590
MICHAEL A. CARDOZO, ESQ
Attorney for City and NYPD
100 Church Street
New York, New York 10007
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Preview
(FILED: KINGS COUNTY CLERK 06/09/2017 02:34 PM) - : INDEX NO. 50. NYSCEF DOC. NO. 27 9279/2013 130 Livingston Street Veronique Hakim RECEIVED NYSCEF: 06/09/2017 Brooklyn, NY 11201 President New York City Transit SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS nwenenannss JASON STARKMAN and VIVIANA CHIRIBOGA, Plaintiffs, -against- NEW YORK CITY TRANSIT AUTHORITY, WILLIAM M@eX NO“ 505279/13 J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JOHN DOE I, believed to be an employee of the NEW YORK CITY POLICE DEPARTMENT and JOHN DOE I NOTICE OF MOTION Defendants. PLEASE TAKE NOTICE, that upon the annexed affirmation of JAMES G. PRESTON, dated June 8, 2017 and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at a Motion Part 20 thereof, at the courthouse located at 360 Adams Street, Brooklyn, New York, on July 19, 2017, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order: (1) pursuant to CPLR 3124 and 3126 striking the plaintiff's complaint; (2) precluding the plaintiff from offering any evidence at the trial of this action; or, (3) pursuant to 22 NYCRR 202.21(3), striking the Note of Issue and Certificate of Readiness of Plaintiff, and removing this action from the Trial Calendar on the grounds that all discovery has not been completed; (4) pursuant to CPLR 3212(a) extending defendant(s) time to move for summary judgment until 120 days from the date of completion of all outstanding discovery; (5) pursuant to CPLR 3124 and 3126, compelling the plaintiff(s), and co-defendant(s) (if any), to complete discovery in this matter, or, in the alternative, precluding the plaintiff(s), and co-defendant(s) (if any), from MTA New York City Transit is an agency of the Metropolitan Transportation Authority, State of New York lof 2 58-02-6190 1271(FILED: KINGS COUNTY CLERK 06/09/2017 02:34 PM INDEX NO. 505279/2013 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/09/2017 offering any evidence at the trial of this action as to any subject, claim or issue for which discovery has not been provided; and (6) for such other and further relief as this Court deems just and proper. This is an action brought to recover damages for personal injuries sustained as a result of alleged negligence. PLEASE TAKE FURTHER NOTICE, which answering papers, if any, must be served on the undersigned at least seven (7) days prior to the return date of this motion pursuant to CPLR 2214(b). Dated: Syosset, New York June 8, 2017 Yours, etc. Counsel to LAWRENCE HEISLER, Esq. Attorney for Defendant(s) NYCTA 118A Jackson Avenue Syosset, New York 11791 516-322-3990 TO: SALINGER, SACK, KIMMEL & BAVARO, LLP Attorneys for Plaintiff 180 Froehlich Farm Boulevard Woodbury, New York 11797 516-677-0100 JAMES BILELLO & ASSOC. Attorney for Defendant GRBIC 875 Merrick Avenue Westbury, New York 11590 MICHAEL A. CARDOZO, ESQ Attorney for City and NYPD 100 Church Street New York, New York 10007 2 of 2