On November 01, 2013 a
Motion-Secondary
was filed
involving a dispute between
Lazaro Sanchez,
and
Chan Ying,
Chi Hung,
Extra Space Storage Inc.,
Gabriel Castano,
Jerilynn Horton,
for Tort
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 12/31/2017 12:01 PM INDEX NO. 24105/2013E
NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 12/31/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X
LAZARO SANCHEZ, AFFIRMATION IN
OPPOSITION
Plaintiff(s), Index No.:
24105/2013E
-against-
EXTRA SPACE STORAGE INC., GABRIEL CASTANO,
JERILYNN HORTON, CHI HUNG AND CHAN YING,
Defendant(s).
----------------------------------------------------------------------X
EXTRA SPACE MANAGEMENT, INC.,
Third-party plaintiff,
-against-
JR BUILDING SERVICE, INC.
Third-party defendant.
— —
----------------------------------------------------------------------X
Robert Vilensky, an attorney admitted to practice law in the State of New York and
member of the firm of RONEMUS 4 VILENSKY, attorneys for the plaintiff herein, hereby
affirms that the following statements are true under penalty of perjury, pursuant to CPLR 2106.
This affirmation is submitted in opposition to defendant/third-party plaintiff EXTRA
SPACE STORAGE, INC.'s (hereinafter "EXTRA SPACE") motion seeking to vacate the note
of issue.
To avoid overburdening the Court with duplicative exhibits, reference, where possible,
will be made to exhibits attached to defendant/third-party plaintiff's EXTRA SPACE's motion.
THE NOTE OF ISSUE SHOULD NOT BE VACATED AS THE CERTIFICATE OF
READINESS CONTAINS NO INCORRECT MATERIAL REPRESENTATIONS
1 of 2
FILED: BRONX COUNTY CLERK 12/31/2017 12:01 PM INDEX NO. 24105/2013E
NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 12/31/2017
Plaintiff filed the Note of Issue and Certificate of Readiness on October 13, 2017. (See
Exhibit I of defendant's motion). It isrespectfully submitted that plaintiff's certificate of
readiness contains no incorrect material representations; thus, plaintiff's note of issue should
not be vacated. Suarez v. Shapiro Family Realty Associates, LLC 149 AD3d 526, 53 NYS3d 23
(1st
Department 2017).
plaintiff EXTRA SPACE's motion is predicated on the alleged
Defendant/third-party
imminent appearance of a third party defendant, Long Island Landscapes, Ltd., into this matter.
Defendant/third-party plaintiff filed a third party summons and complaint on Long Island
Landscapes, Ltd. on June 5, 2017. Thus far, Long Island Landscapes, Ltd. has not answered the
third-party complaint, has not appeared in this action. Defendant/third party plaintiff has not
filed a motion for default as to Long Island Landscapes, Ltd.
Plaintiff has fully complied with alldefendant/third party plaintiff EXTRA
SPACE's discovery demands. In particular, depositions are complete, IME's have been
conducted, and plaintiff fully complied with all defendant/third party plaintiff EXTRA SPACE's
discovery demands.
WHEREFORE, itis respectfully requested that the defendants/third party plaintiff's
motion should be denied in its entirety and for such other and further relief as this Court deems
just and proper.
Dated: New York, New York
December 31, 2017
Yours, etc.
Robert Vilensky
2 of 2
Document Filed Date
December 31, 2017
Case Filing Date
November 01, 2013
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FILED: BRONX COUNTY CLERK 12/31/2017 12:01 PM INDEX NO. 24105/2013E NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 12/31/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X LAZARO SANCHEZ, AFFIRMATION IN OPPOSITION Plaintiff(s), Index No.: 24105/2013E -against- EXTRA SPACE STORAGE INC., GABRIEL CASTANO, JERILYNN HORTON, CHI HUNG AND CHAN YING, Defendant(s). ----------------------------------------------------------------------X EXTRA SPACE MANAGEMENT, INC., Third-party plaintiff, -against- JR BUILDING SERVICE, INC. Third-party defendant. — — ----------------------------------------------------------------------X Robert Vilensky, an attorney admitted to practice law in the State of New York and member of the firm of RONEMUS 4 VILENSKY, attorneys for the plaintiff herein, hereby affirms that the following statements are true under penalty of perjury, pursuant to CPLR 2106. This affirmation is submitted in opposition to defendant/third-party plaintiff EXTRA SPACE STORAGE, INC.'s (hereinafter "EXTRA SPACE") motion seeking to vacate the note of issue. To avoid overburdening the Court with duplicative exhibits, reference, where possible, will be made to exhibits attached to defendant/third-party plaintiff's EXTRA SPACE's motion. THE NOTE OF ISSUE SHOULD NOT BE VACATED AS THE CERTIFICATE OF READINESS CONTAINS NO INCORRECT MATERIAL REPRESENTATIONS 1 of 2 FILED: BRONX COUNTY CLERK 12/31/2017 12:01 PM INDEX NO. 24105/2013E NYSCEF DOC. NO. 171 RECEIVED NYSCEF: 12/31/2017 Plaintiff filed the Note of Issue and Certificate of Readiness on October 13, 2017. (See Exhibit I of defendant's motion). It isrespectfully submitted that plaintiff's certificate of readiness contains no incorrect material representations; thus, plaintiff's note of issue should not be vacated. Suarez v. Shapiro Family Realty Associates, LLC 149 AD3d 526, 53 NYS3d 23 (1st Department 2017). plaintiff EXTRA SPACE's motion is predicated on the alleged Defendant/third-party imminent appearance of a third party defendant, Long Island Landscapes, Ltd., into this matter. Defendant/third-party plaintiff filed a third party summons and complaint on Long Island Landscapes, Ltd. on June 5, 2017. Thus far, Long Island Landscapes, Ltd. has not answered the third-party complaint, has not appeared in this action. Defendant/third party plaintiff has not filed a motion for default as to Long Island Landscapes, Ltd. Plaintiff has fully complied with alldefendant/third party plaintiff EXTRA SPACE's discovery demands. In particular, depositions are complete, IME's have been conducted, and plaintiff fully complied with all defendant/third party plaintiff EXTRA SPACE's discovery demands. WHEREFORE, itis respectfully requested that the defendants/third party plaintiff's motion should be denied in its entirety and for such other and further relief as this Court deems just and proper. Dated: New York, New York December 31, 2017 Yours, etc. Robert Vilensky 2 of 2