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FILED: KINGS COUNTY CLERK 05/19/2020 11:04 AM INDEX NO. 528038/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------X Index No. 528038/2019
Plaintiff, AFFIRMATION IN
- against - SUPPORT OF MOTION
RICARDO GAJADHAR and SNT BUS INC.,
Defendants
_____________--------------------------------------X
GERARD J. CROWE an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the truth of the following upon information and belief and with
knowledge of the penalties for perjury:
1. I am a member of the law firm of SILVERMAN SHIN & BYRNE PLLC, attorneys for
the defendants, RICARDO GAJADHAR and SNT BUS INC., and as such am familiar with
fully
the facts and circumstances herein from reviewiñg the file in this matter mahained in the offices
of the above-mentioned law firm and from personal knowledge.
2. This Affirmation is made in support of the within application for an Order (1)
pursuant to CPLR §3126, striking the plaintifFs Complaint for failure to comply with discovery
demands; (2) pursuant to CPLR §3042(c), precluding the plaintiff from offering evidence at the
trialof this action as to matters of discovery which have been sought but not provided; (3) if
dismissal is not granted with respect to No. (1) herciñabove, then for an Order directing plaintiff
to comply with said discovery demands; and (4) for such other and further relief as to this Court
may seem just and proper.
BASIS OF ACTION
3. This is an action commcaced on or about December 26, 2019, whercin plaintiff seeks
to recover for presently unspecified injuries allegedly sustained arising out a two vehicle auto
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accident which occurred on April 18, 2018. A copy of the Summons and Verified Cerglaiiit has
been annexed hereto as Exhibit A.
4. On January 30, 2020, these moving defendants interposed a timely Verified Answer
denying the allegations of the plaintiff s Complaint. A copy of said Verified Answer is annexed
hereto as Exhibit B.
BASIS FOR MOTION
5. Together with its Answer dated January 30, 2020, this office served upon plaintiff a
comprehensive set of demands (See Exhibit B) includhig: Demand for a Verified Bill of
Particulars, Demands for Index Number, Addresses, Amount of Dainages, Insurance
Information, Medical Information and Hospital Authorization, Statements, Collateral Source
Reimbursement Information, Names and Addresses of Witnesses, Names and Addresses of
Expert Witnesses, Authorizations, School Records Authorizations, Notice for Claim and 50-h
Transcript, Demand Pursuant to the Medicare, Medicaid and Schip Extension of 2007, Notice to
Produce Photographs, Notice to Take Deposition Upon Oral Framination, Notice to Produce
Photographs and Notice of Revocation of Consent to Service by Facsimile. Although their time
has long since expired, Plaintiff has not complied with same.
6. Defendants have made a good faith effort to obtain such discovery, to wit: a good
faith letterto plaintif Ts counsel's office on April 16, 2020. Annexed hereto as Exhibit C. There
has been no response to same.
7. Although the time in which responses to such discovery demands could be timely
served has passed, there has not been compliance by the plaintiff.
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8. Plaintiff has made no requests for an extension of time nor has any been granted.
There has also been no effort by plaintiff's counsel to comply with our demands nor has a
Motion has been served which would extend plaintiff s time in which to comply.
9. Accordingly, there has been a default in responding to those specific enumerated
items in the defendants attached discovery demands of January 30, 2020.
10. Therefore, itis respectfully sub ~1 that this Court should enter an Order of
Dismissal by reason of the plaintiff's failure to respond to the above discovery d==xdiand/or
defendants'
enter an Order of Preclusion by reason of plaintiff's failure to provide response to
demands.
WHEREFORE, your affirmant respectfully prays for an Order:
1. Pursuant to CPLR §3126, striking the plaintiff s Complaint for failure to comply
with discovery demands;
2. Pursuant to CPLR §3042(c), precluding plaintiff from offering evidence at the
trialof this action as to matters of which particulars have been sought but not provided;
3. If dismissal is not granted with respect to No. (1) herein above, then for an Order
directing plaintiff to comply with said discovery demands; and
4. For such other and further relief as to this Court may seem just and proper.
Date: New York, New York
May 15, 2020
ard J. Crowe
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Preview
FILED: KINGS COUNTY CLERK 05/19/2020 11:04 AM INDEX NO. 528038/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------X Index No. 528038/2019 Plaintiff, AFFIRMATION IN - against - SUPPORT OF MOTION RICARDO GAJADHAR and SNT BUS INC., Defendants _____________--------------------------------------X GERARD J. CROWE an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following upon information and belief and with knowledge of the penalties for perjury: 1. I am a member of the law firm of SILVERMAN SHIN & BYRNE PLLC, attorneys for the defendants, RICARDO GAJADHAR and SNT BUS INC., and as such am familiar with fully the facts and circumstances herein from reviewiñg the file in this matter mahained in the offices of the above-mentioned law firm and from personal knowledge. 2. This Affirmation is made in support of the within application for an Order (1) pursuant to CPLR §3126, striking the plaintifFs Complaint for failure to comply with discovery demands; (2) pursuant to CPLR §3042(c), precluding the plaintiff from offering evidence at the trialof this action as to matters of discovery which have been sought but not provided; (3) if dismissal is not granted with respect to No. (1) herciñabove, then for an Order directing plaintiff to comply with said discovery demands; and (4) for such other and further relief as to this Court may seem just and proper. BASIS OF ACTION 3. This is an action commcaced on or about December 26, 2019, whercin plaintiff seeks to recover for presently unspecified injuries allegedly sustained arising out a two vehicle auto 541152-1 1 of 3 FILED: KINGS COUNTY CLERK 05/19/2020 11:04 AM INDEX NO. 528038/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/19/2020 accident which occurred on April 18, 2018. A copy of the Summons and Verified Cerglaiiit has been annexed hereto as Exhibit A. 4. On January 30, 2020, these moving defendants interposed a timely Verified Answer denying the allegations of the plaintiff s Complaint. A copy of said Verified Answer is annexed hereto as Exhibit B. BASIS FOR MOTION 5. Together with its Answer dated January 30, 2020, this office served upon plaintiff a comprehensive set of demands (See Exhibit B) includhig: Demand for a Verified Bill of Particulars, Demands for Index Number, Addresses, Amount of Dainages, Insurance Information, Medical Information and Hospital Authorization, Statements, Collateral Source Reimbursement Information, Names and Addresses of Witnesses, Names and Addresses of Expert Witnesses, Authorizations, School Records Authorizations, Notice for Claim and 50-h Transcript, Demand Pursuant to the Medicare, Medicaid and Schip Extension of 2007, Notice to Produce Photographs, Notice to Take Deposition Upon Oral Framination, Notice to Produce Photographs and Notice of Revocation of Consent to Service by Facsimile. Although their time has long since expired, Plaintiff has not complied with same. 6. Defendants have made a good faith effort to obtain such discovery, to wit: a good faith letterto plaintif Ts counsel's office on April 16, 2020. Annexed hereto as Exhibit C. There has been no response to same. 7. Although the time in which responses to such discovery demands could be timely served has passed, there has not been compliance by the plaintiff. 541152-1 2 of 3 FILED: KINGS COUNTY CLERK 05/19/2020 11:04 AM INDEX NO. 528038/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/19/2020 8. Plaintiff has made no requests for an extension of time nor has any been granted. There has also been no effort by plaintiff's counsel to comply with our demands nor has a Motion has been served which would extend plaintiff s time in which to comply. 9. Accordingly, there has been a default in responding to those specific enumerated items in the defendants attached discovery demands of January 30, 2020. 10. Therefore, itis respectfully sub ~1 that this Court should enter an Order of Dismissal by reason of the plaintiff's failure to respond to the above discovery d==xdiand/or defendants' enter an Order of Preclusion by reason of plaintiff's failure to provide response to demands. WHEREFORE, your affirmant respectfully prays for an Order: 1. Pursuant to CPLR §3126, striking the plaintiff s Complaint for failure to comply with discovery demands; 2. Pursuant to CPLR §3042(c), precluding plaintiff from offering evidence at the trialof this action as to matters of which particulars have been sought but not provided; 3. If dismissal is not granted with respect to No. (1) herein above, then for an Order directing plaintiff to comply with said discovery demands; and 4. For such other and further relief as to this Court may seem just and proper. Date: New York, New York May 15, 2020 ard J. Crowe 541152-1 3 of 3