Preview
FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------- ----------- -X Motion Sequence No. 00
KEVlN McGONIGAL,
Index No. 158327/13
Plaintiff,
-against - NOTICE OF MOTION
NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION Hon. Margaret A. Chan
CORP. and BARING INDUSTRIES, INC.,
Defendants.
-------------- ------------- --X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff, TP Index No.:
595146/14
-against -
BARING INDUSTRIES, INC.,
Third-Party Defendant.
____________-__-__--------------- --- ¬-----X
BARING INDUSTRIES, INC.,
Second Third-Party Plaintiff, Second TP Index No.:
595130/15
-against -
DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP.,
Second Third-Party Defendants.
------------
---------------------------------------------X
NYY STEAK MANHATTAN, LLC & PLAZA CONSTRUCTION
LLC f/k/a PLAZA CONSTRUCTION CORP.,
Third Third-Party Plaintiffs,
-against-
B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and BARING
INDUSTRIES, INC.,
Third Third-Party Defendants.
----
--------------X
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FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019
COUNSELORS:
8th
PLEASE TAKE NOTICE that upon the affirmation of David A. LoRe, dated the Of
February, 2019, and exhibits annexed thereto, and upon all the pleadings and proceedings
heretofore had herein, the undersigned Second Third-Party Defendants, DAY & NITE
REFRIGERATION CORP. and K.I.M. CO. REFRIGERATION CORP. s/h/a KIMCO
REFRIGERATION CORP. (hereinafter collectively referred to as "Day & Nite"), will move this
Court at the Supreme Court, New York County Courthouse, Room 130, located at 60 Centre Street,
6th
New York New York 10007 on the day of March, 2019, at 9:30 in the forenoon of that day,
for an Order: (i)pursuant to CPLR §§ 3126 and 3124, striking the plaintiff's Complaint due to the
plaintiff's willful failure to comply with Day & Nite's Combined Notice for Discovery and
Inspection and Demand for Authorizations, dated September 21, 2018, and Demand for
Authorization, dated October 31, 2018; (ii) or, in the alternative, compelling Plaintiff to serve a
complete response to Day & Nite's Combined Notice for Discovery and Inspection and Demand
for Authorizations, dated September 21, 2018, as well as Day & Nite's Demand for Authorization,
dated October 31, 2018, pursuant to CPLR Section 3124, within twenty (20) days of the
determination of the instant motion, or be precluded from offering evidence as to damages at trial;
and (iii)for such other and further relief as this Honorable Court may deem just and proper.
The nature of this lawsuit is personal injury.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers,
if any, are required to be served upon the undersigned at least seven (7) days before the return date
of this motion.
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FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019
Dated: Woodbury, New York
February 8, 2019
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
By:
DAVID A. LORE
Attorneys for Second Third-Party
Defendants
DAY & NITE REFRIGERATION CORP.
and K.I.M. CO. REFRIGERATION CORP.
s/h/a KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
(516) 712-4000
File No.: 532-11347
TO: SACKS AND SACKS, LLP
Attorneys for Plaintiff
4th
150 Broadway, FlOOr
New York, NY 10038
(212) 964-5570
Nikolas E. Diamantis, Esq.
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Defendant/Third-Party Defendant/
Second Third-Party Plaintiff BARING INDUSTRIES, INC.
7th
125 Broad Street, FlOOr
New York, NY 10004
(212) 440-2350
Patrick Aurilia, Esq.
FABIANI COHEN & HALL, LLP
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC and
Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION, LLC f/k/a
PLAZA CONSTRUCTION CORP.
4th
570 Lexington Avenue, FlOOr
New York, NY 10022
(212) 644-4420
File No. 731-557
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FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019
Eileen Fullerton, Esq.
FULLERTON BECK, LLP
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
One West Red Oak Lane
White Plains, NY 10604
(914) 305-8635
SMITH MAZURE DIRECTOR WILK1NS
YOUNG & YAGERMAN, P.C.
Attorneys for Third Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New York, NY 10038
(212) 964-7400
File No.: AWA-00112
4
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------- ----------- -X Motion Sequence No. 00 KEVlN McGONIGAL, Index No. 158327/13 Plaintiff, -against - NOTICE OF MOTION NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION Hon. Margaret A. Chan CORP. and BARING INDUSTRIES, INC., Defendants. -------------- ------------- --X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, TP Index No.: 595146/14 -against - BARING INDUSTRIES, INC., Third-Party Defendant. ____________-__-__--------------- --- ¬-----X BARING INDUSTRIES, INC., Second Third-Party Plaintiff, Second TP Index No.: 595130/15 -against - DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., Second Third-Party Defendants. ------------ ---------------------------------------------X NYY STEAK MANHATTAN, LLC & PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., Third Third-Party Plaintiffs, -against- B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., Third Third-Party Defendants. ---- --------------X 1 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019 COUNSELORS: 8th PLEASE TAKE NOTICE that upon the affirmation of David A. LoRe, dated the Of February, 2019, and exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned Second Third-Party Defendants, DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REFRIGERATION CORP. s/h/a KIMCO REFRIGERATION CORP. (hereinafter collectively referred to as "Day & Nite"), will move this Court at the Supreme Court, New York County Courthouse, Room 130, located at 60 Centre Street, 6th New York New York 10007 on the day of March, 2019, at 9:30 in the forenoon of that day, for an Order: (i)pursuant to CPLR §§ 3126 and 3124, striking the plaintiff's Complaint due to the plaintiff's willful failure to comply with Day & Nite's Combined Notice for Discovery and Inspection and Demand for Authorizations, dated September 21, 2018, and Demand for Authorization, dated October 31, 2018; (ii) or, in the alternative, compelling Plaintiff to serve a complete response to Day & Nite's Combined Notice for Discovery and Inspection and Demand for Authorizations, dated September 21, 2018, as well as Day & Nite's Demand for Authorization, dated October 31, 2018, pursuant to CPLR Section 3124, within twenty (20) days of the determination of the instant motion, or be precluded from offering evidence as to damages at trial; and (iii)for such other and further relief as this Honorable Court may deem just and proper. The nature of this lawsuit is personal injury. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019 Dated: Woodbury, New York February 8, 2019 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP By: DAVID A. LORE Attorneys for Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REFRIGERATION CORP. s/h/a KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 (516) 712-4000 File No.: 532-11347 TO: SACKS AND SACKS, LLP Attorneys for Plaintiff 4th 150 Broadway, FlOOr New York, NY 10038 (212) 964-5570 Nikolas E. Diamantis, Esq. LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Defendant/Third-Party Defendant/ Second Third-Party Plaintiff BARING INDUSTRIES, INC. 7th 125 Broad Street, FlOOr New York, NY 10004 (212) 440-2350 Patrick Aurilia, Esq. FABIANI COHEN & HALL, LLP Attorneys for Defendant NYY STEAK MANHATTAN, LLC and Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP. 4th 570 Lexington Avenue, FlOOr New York, NY 10022 (212) 644-4420 File No. 731-557 3 3 of 4 FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 02/08/2019 Eileen Fullerton, Esq. FULLERTON BECK, LLP Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS One West Red Oak Lane White Plains, NY 10604 (914) 305-8635 SMITH MAZURE DIRECTOR WILK1NS YOUNG & YAGERMAN, P.C. Attorneys for Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New York, NY 10038 (212) 964-7400 File No.: AWA-00112 4 4 of 4