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INDEX NO. 24105/2013E
NYSCEF DOC. NO. 84 RECEIVED NYSCEF 10/21/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
ss tease annanenienatine ain etna soca a eA oa ENS
LAZARO SANCHEZ, Index No.: 24105/2013e
Plaintiff,
-against- AFFIRMATION IN SUPPORT
EXTRA SPACE STORAGE, INC., GABRIEL
CASTANO, JERILYNN HORTON, C! HI HUNG AND :
A
CHAN YING
Defendants.
RSE eearea er
EXTRA SPACE MANAGEMENT, INC.,
Third Party Index No.: 24105/2013e
Third Party
Plaintiff,
-against-
JR BUILDING SERVICE, INC.
Third Party Defendant.
aE erie nea arworensnconseenennnsesamaese
Scott H. Goldstein, Esq., an attorney duly admitted to practice law before the Court of the
State of New York, hereby affirms the following statements to be true under the penalties of perjury:
1 I am an attorney at the law firm of BONNER KIERNAN TREBACH &
CROCIATA, LLP, attorneys for Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT,
INC., in the above entitled action. As such, I am fully familiar with the facts and circumstances as
set forth herein, the source of my knowledge being the file maintained by my office in the course of
handling this matter.
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2. We respectfully submit this affirmation support of the Defendant/Third Party Plaintiff
EXTRA SPACE MANAGEMENT, INC.’s motion to extend the plaintiff's time to file a Note of
Issue for the above-captioned case and for such other and further relief as to this Court deems just
and proper.
3 The within action involves a slip and fall accident which occurred on December
14, 2012. Plaintiff LAZARO SANCHEZ alleges that he sustained personal injuries while
performing work, labor and/or services at 11 Smith Street, Valley Stream, NY 11580.
4 On or around November 1, 2013, Plaintiff filed a Summons and Complaint against
Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC. Annexed hereto as
Exhibit “A” is a true and accurate copy of the Summons and Complaint.
5 On or around January 9, 2014, Defendant/Third Party Plaintiff EXTRA SPACE
MANAGEMENT, INC. interposed an Answer to Plaintiff's Complaint. Annexed hereto as Exhibit
“B” is a true and accurate copy of the Defendant/Third Party Plaintiff EXTRA SPACE
MANAGEMENT, INC’s Answer.
6 On or around January 28, 2014, Defendant CHI HUNG interposed an Answer to
Plaintiff's Complaint. On or around April 4, 2014, Defendants CHI HUNG and CHAN YANG
interposed an Amended Answer to Plaintiff's Answer, Annexed hereto as Exhibit “C” is a true and
accurate copy of the Defendants CHI HUNG and CHAN YANG Amended Answer.
7 On or around December 13, 2013, Defendant GABRIEL CASTANO interposed an
Answer to the Complaint. Annexed hereto as Exhibit “D” is a true and accurate copy of the
Defendant GABRIEL CASTANO’S Answer.
8 On or around September 9, 2015, Plaintiff's Complaint was dismissed against
Defendant Jerilynn Horton per Honorable Fernando Tapia, J.S.C.’s Order. Annexed hereto as
2 0f 4
Exhibit “E” is a true and accurate copy of Justice Fernando’s Tapia, J.S.C.’s Order, dated
September 9, 2015.
9 On or around October 6, 2015, Defendant/Third Party Plaintiff EXTRA SPACE
MANAGEMENT, INC., filed a Third Party Complaint against Third Party Defendant JR
BUILDING SERVICE, INC. Annexed hereto as Exhibit “F” is a true and accurate copy of
Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC. Third Party Complaint.
10. On or around October 13, 2015, Defendants CHI HUNG and CHAN YANG filed
their Answer to the Third Party Complaint. Annexed hereto as Exhibit “G” is a true and accurate
copy of the Defendants CHI HUNG and CHAN YANG Third Party Answer.
11. On or about January 29, 2016 the parties entered into a compliance conference
Order which called for a Note of Issue to be filed on or before October 28, 2016. Attached hereto
as Exhibit “H” is a true and accurate copy of the January 29, 2016 Compliance Conference Order.
12, The Compliance Conference Order called for the deposition of the plaintiff to take
place on or before June 14, 2016.
13. Because the parties were still obtaining the voluminous medical records for
plaintiff's alleged serious injuries, the deposition of plaintiff did not commence until August 3,
2016 and was continued, but not completed on August 5, 2016.
14, The continuation of the deposition was most recently scheduled for October 20,
2016, but plaintiffs counsel needed to adjourn due to the Jewish Holidays.
15, There still remains quite a bit of discovery to be completed, including, but not
limited to, 1) the completion of plaintiff's deposition, 2) the depositions of an Extra Space
representative and all of the other defendants, 3) follow up discovery from plaintiffs deposition,
4) an Independent Medical Examination of plaintiff, and 5) any needed non-party depositions.
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16. Clearly we do not anticipate that discovery will be completed by the October 28,
2016 deadline for plaintiff to file the Note of Issue.
17. As a result, Defendant Extra Space respectfully requests that plaintiffs’ time to file
his Note of Issue be extended and a conference or tried to work out an updated discovery
schedule.
WHEREFORE it is respectfully requested that an Order be entered extending plaintiff's
time to file his Note of Issue and scheduling a conference to set a new schedule for the completion
of discovery and for such other and further relief as to this Court deems just and proper.
DATED:
Youth
New York, New York
October 21, 2016
Scott H. Goldstein, Esq.
4o0f 4
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INDEX NO. 24105/2013E NYSCEF DOC. NO. 84 RECEIVED NYSCEF 10/21/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ss tease annanenienatine ain etna soca a eA oa ENS LAZARO SANCHEZ, Index No.: 24105/2013e Plaintiff, -against- AFFIRMATION IN SUPPORT EXTRA SPACE STORAGE, INC., GABRIEL CASTANO, JERILYNN HORTON, C! HI HUNG AND : A CHAN YING Defendants. RSE eearea er EXTRA SPACE MANAGEMENT, INC., Third Party Index No.: 24105/2013e Third Party Plaintiff, -against- JR BUILDING SERVICE, INC. Third Party Defendant. aE erie nea arworensnconseenennnsesamaese Scott H. Goldstein, Esq., an attorney duly admitted to practice law before the Court of the State of New York, hereby affirms the following statements to be true under the penalties of perjury: 1 I am an attorney at the law firm of BONNER KIERNAN TREBACH & CROCIATA, LLP, attorneys for Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC., in the above entitled action. As such, I am fully familiar with the facts and circumstances as set forth herein, the source of my knowledge being the file maintained by my office in the course of handling this matter. lof4 2. We respectfully submit this affirmation support of the Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC.’s motion to extend the plaintiff's time to file a Note of Issue for the above-captioned case and for such other and further relief as to this Court deems just and proper. 3 The within action involves a slip and fall accident which occurred on December 14, 2012. Plaintiff LAZARO SANCHEZ alleges that he sustained personal injuries while performing work, labor and/or services at 11 Smith Street, Valley Stream, NY 11580. 4 On or around November 1, 2013, Plaintiff filed a Summons and Complaint against Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC. Annexed hereto as Exhibit “A” is a true and accurate copy of the Summons and Complaint. 5 On or around January 9, 2014, Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC. interposed an Answer to Plaintiff's Complaint. Annexed hereto as Exhibit “B” is a true and accurate copy of the Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC’s Answer. 6 On or around January 28, 2014, Defendant CHI HUNG interposed an Answer to Plaintiff's Complaint. On or around April 4, 2014, Defendants CHI HUNG and CHAN YANG interposed an Amended Answer to Plaintiff's Answer, Annexed hereto as Exhibit “C” is a true and accurate copy of the Defendants CHI HUNG and CHAN YANG Amended Answer. 7 On or around December 13, 2013, Defendant GABRIEL CASTANO interposed an Answer to the Complaint. Annexed hereto as Exhibit “D” is a true and accurate copy of the Defendant GABRIEL CASTANO’S Answer. 8 On or around September 9, 2015, Plaintiff's Complaint was dismissed against Defendant Jerilynn Horton per Honorable Fernando Tapia, J.S.C.’s Order. Annexed hereto as 2 0f 4 Exhibit “E” is a true and accurate copy of Justice Fernando’s Tapia, J.S.C.’s Order, dated September 9, 2015. 9 On or around October 6, 2015, Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC., filed a Third Party Complaint against Third Party Defendant JR BUILDING SERVICE, INC. Annexed hereto as Exhibit “F” is a true and accurate copy of Defendant/Third Party Plaintiff EXTRA SPACE MANAGEMENT, INC. Third Party Complaint. 10. On or around October 13, 2015, Defendants CHI HUNG and CHAN YANG filed their Answer to the Third Party Complaint. Annexed hereto as Exhibit “G” is a true and accurate copy of the Defendants CHI HUNG and CHAN YANG Third Party Answer. 11. On or about January 29, 2016 the parties entered into a compliance conference Order which called for a Note of Issue to be filed on or before October 28, 2016. Attached hereto as Exhibit “H” is a true and accurate copy of the January 29, 2016 Compliance Conference Order. 12, The Compliance Conference Order called for the deposition of the plaintiff to take place on or before June 14, 2016. 13. Because the parties were still obtaining the voluminous medical records for plaintiff's alleged serious injuries, the deposition of plaintiff did not commence until August 3, 2016 and was continued, but not completed on August 5, 2016. 14, The continuation of the deposition was most recently scheduled for October 20, 2016, but plaintiffs counsel needed to adjourn due to the Jewish Holidays. 15, There still remains quite a bit of discovery to be completed, including, but not limited to, 1) the completion of plaintiff's deposition, 2) the depositions of an Extra Space representative and all of the other defendants, 3) follow up discovery from plaintiffs deposition, 4) an Independent Medical Examination of plaintiff, and 5) any needed non-party depositions. 3 0f 4 16. Clearly we do not anticipate that discovery will be completed by the October 28, 2016 deadline for plaintiff to file the Note of Issue. 17. As a result, Defendant Extra Space respectfully requests that plaintiffs’ time to file his Note of Issue be extended and a conference or tried to work out an updated discovery schedule. WHEREFORE it is respectfully requested that an Order be entered extending plaintiff's time to file his Note of Issue and scheduling a conference to set a new schedule for the completion of discovery and for such other and further relief as to this Court deems just and proper. DATED: Youth New York, New York October 21, 2016 Scott H. Goldstein, Esq. 4o0f 4