On July 17, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Roberta Sigall,
and
American Multi-Cinema, Inc.,
Excel Elevator & Escalator, Corp.,
for Torts - Other (Premises Liability)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/17/2020 12:04 PM INDEX NO. 156974/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/17/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------- -----------------------------X
ROBERTA SIGALL,
Index No.: 156974/2019
Plaintiff,
-against-
NOTICE OF MOTION
AMERICAN MULT-CINEMA, INC., and
EXCEL ELEVATOR & ESCALATOR CORP., R/D: 9/14/2020
Defendants.
-------- --------------------------- X
PLEASE TAKE NOTICE that, upon the annexed affirmation of Lauren M. Solari dated
August 17"', 2020, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court at the Motion Submission Part, Room 130, New York County
14"'
Supreme Courthouse, 60 Centre Street, New York, New York, on the day of September,
2020, at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard for an
Order: (1) pursuant to CPLR § 3126, dismissing Defendant AMERICAN MULTI-CINEMA,
INC. ("AMC")'S cross-claims filed against Defendant EXCEL ELEVATOR & ESCALATOR
CORP. ("EXCEL") for AMC's repeated failure to respond to EXCEL's August 2, 2019
Combined Demands; or (2) pursuant to CPLR §§ 3120 and 3124 compelling AMC to provide
responses to said Combined Demands within twenty (20) days; and (3) for such other and
further relief as this Court may deem just and proper.
1 of 2
FILED: NEW YORK COUNTY CLERK 08/17/2020 12:04 PM INDEX NO. 156974/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/17/2020
PLEASE TAKE NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if any,
are to be served at least seven (7) days prior to the return date of this motion.
Dated: New York, New York
August 17, 2020
Yours, etc.
Lauren M. Sola i
GOTTLIEB SIEGEL & SCHWARTZ, LLP
Attorneys for Defendant
EXCEL ELEVATOR & ESCALATOR CORP.
94d'
207 East Street
Mezzanine Level
New York, New York 10128
(646) 449-8141
Our File No.: 99000-24
TO:
KENNEDYS CMK LLP
Attorneys for Defendant
AMERICAN MULTI-CINEMA, INC.
570 Lexington Avenue, 8th Floor
New York, New York 10022
646-625-4000
CC:
ELAINE BENSIGNER, ESQ.
Attorneys for Plaintiff
21"
1425 East Street
Brooklyn, New York 11210
718-614-9375
2 of 2
Document Filed Date
August 17, 2020
Case Filing Date
July 17, 2019
Category
Torts - Other (Premises Liability)
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FILED: NEW YORK COUNTY CLERK 08/17/2020 12:04 PM INDEX NO. 156974/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------- -----------------------------X ROBERTA SIGALL, Index No.: 156974/2019 Plaintiff, -against- NOTICE OF MOTION AMERICAN MULT-CINEMA, INC., and EXCEL ELEVATOR & ESCALATOR CORP., R/D: 9/14/2020 Defendants. -------- --------------------------- X PLEASE TAKE NOTICE that, upon the annexed affirmation of Lauren M. Solari dated August 17"', 2020, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Submission Part, Room 130, New York County 14"' Supreme Courthouse, 60 Centre Street, New York, New York, on the day of September, 2020, at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard for an Order: (1) pursuant to CPLR § 3126, dismissing Defendant AMERICAN MULTI-CINEMA, INC. ("AMC")'S cross-claims filed against Defendant EXCEL ELEVATOR & ESCALATOR CORP. ("EXCEL") for AMC's repeated failure to respond to EXCEL's August 2, 2019 Combined Demands; or (2) pursuant to CPLR §§ 3120 and 3124 compelling AMC to provide responses to said Combined Demands within twenty (20) days; and (3) for such other and further relief as this Court may deem just and proper. 1 of 2 FILED: NEW YORK COUNTY CLERK 08/17/2020 12:04 PM INDEX NO. 156974/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/17/2020 PLEASE TAKE NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if any, are to be served at least seven (7) days prior to the return date of this motion. Dated: New York, New York August 17, 2020 Yours, etc. Lauren M. Sola i GOTTLIEB SIEGEL & SCHWARTZ, LLP Attorneys for Defendant EXCEL ELEVATOR & ESCALATOR CORP. 94d' 207 East Street Mezzanine Level New York, New York 10128 (646) 449-8141 Our File No.: 99000-24 TO: KENNEDYS CMK LLP Attorneys for Defendant AMERICAN MULTI-CINEMA, INC. 570 Lexington Avenue, 8th Floor New York, New York 10022 646-625-4000 CC: ELAINE BENSIGNER, ESQ. Attorneys for Plaintiff 21" 1425 East Street Brooklyn, New York 11210 718-614-9375 2 of 2