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FILED: NEW YORK COUNTY CLERK 08/11/2020 10:31 PM INDEX NO. 156979/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAVID MARRERO, Index No.: 156979/2019
Plaintiff, NOTICE OF MOTION
FOR A DEFAULT
-against- JUDGMENT AS TO
DEFENDANT CAPTAIN
"JOHN"
THOMAS
CITY OF NEW YORK, THE NEW YORK CITY
"JOHN"
DEPARTMENT OF CORRECTION, CAPTAIN
DOES"
THOMAS Shield #1120 and "JOHN (Correction Motion Return Date:
Officers whose names are not yet known or identified), September 15, 2020
Defendants.
_______________------___________________------------..___________________..-_____-_______--------_____-..------------------.._...--J
MOTION BY: Plaintiff, by his attorney,
PAMELA S. ROTH, ESQ.
DATE, TIME, AND PLACE OF Motion Submission Part at Room 130,
HEARING: Supreme Court, New York County,
located at 60 Centre Street, New York,
New York 10013, on September 15,
2020 at 9:30 A.M. or as soon thereafter
as counsel may be heard
SUPPORTING PAPERS: Affirmation of PAMELA S. ROTH, ESQ.
of Law Office of Pamela S. Roth, Esq. PC
and all pleadings, proceeding, and exhibits
heretofore had herein
RELIEF REQUESTED: For an Order:
a) Permitting entry of a default judgment,
pursuant to CPLR 3125, against the
"JOHN"
Defendant, CAPTAIN
THOMAS Shield #1120, and in favor
of the Plaintiff herein; and, further,
b) directing an Inquest against the
"JOHN"
Defendant CAPTAIN
THOMAS Shield #1120 herein, and
placing this matter on the inquest
calendar for assessment of damages
against the Defendant, CAPTAIN
"JOHN"
THOMAS Shield #1120,
pursuant to CPLR §3215, by reason of
Defendant's failure to answer, move,
reply or otherwise plead in response to
Plaintiff's Complaint served more than
thirty (30) days prior thereto or to
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FILED: NEW YORK COUNTY CLERK 08/11/2020 10:31 PM INDEX NO. 156979/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2020
otherwise extend the time to answer
said pleadings by Defendants herein;
and further,
c) for such other and further reliefas this
Court may deem just and proper in the
premises.
TYPE OF ACTION: Personal injuries, by reason of negligence
by the Defendants.
ANSWERING PAPERS: If any, are to be served on the undersigned
within seven (7) days before the return
date of this motion, pursuant to CPLR
§2214(b).
SUPPORTING PAPERS: Affirmation of Pamela S. Roth, Esq., dated
July 21, 2020 and Affidavit of Plaintiff
David Marrero dated July 21, 2020.
Dated: Brooklyn, New York
August 11, 2020
Yours, c.
L O c f mela S. Roth, Esq. PC
B : P L S. TH, ESQ.
Att rney aintiff
D ID MARRERO
7 Coney Island Avenue
Brooklyn, NY 11235
Telephone: (888) 466-4884
TO:
"JOHN"
CAPTAIN THOMAS Shield #1120
c/o NYC Department of Correction
75-20 Astoria Blvd.
East Elmhurst, NY 11370
"JOHN"
CAPTAIN THOMAS Shield #1120
c/o NYC Department of Correction
19"1
Bellevue Hospital Center Floor
1"
462 Avenue
New York, NY 10016
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FILED: NEW YORK COUNTY CLERK 08/11/2020 10:31 PM INDEX NO. 156979/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAVID MARRERO, Index No.: 156979/2019 Plaintiff, NOTICE OF MOTION FOR A DEFAULT -against- JUDGMENT AS TO DEFENDANT CAPTAIN "JOHN" THOMAS CITY OF NEW YORK, THE NEW YORK CITY "JOHN" DEPARTMENT OF CORRECTION, CAPTAIN DOES" THOMAS Shield #1120 and "JOHN (Correction Motion Return Date: Officers whose names are not yet known or identified), September 15, 2020 Defendants. _______________------___________________------------..___________________..-_____-_______--------_____-..------------------.._...--J MOTION BY: Plaintiff, by his attorney, PAMELA S. ROTH, ESQ. DATE, TIME, AND PLACE OF Motion Submission Part at Room 130, HEARING: Supreme Court, New York County, located at 60 Centre Street, New York, New York 10013, on September 15, 2020 at 9:30 A.M. or as soon thereafter as counsel may be heard SUPPORTING PAPERS: Affirmation of PAMELA S. ROTH, ESQ. of Law Office of Pamela S. Roth, Esq. PC and all pleadings, proceeding, and exhibits heretofore had herein RELIEF REQUESTED: For an Order: a) Permitting entry of a default judgment, pursuant to CPLR 3125, against the "JOHN" Defendant, CAPTAIN THOMAS Shield #1120, and in favor of the Plaintiff herein; and, further, b) directing an Inquest against the "JOHN" Defendant CAPTAIN THOMAS Shield #1120 herein, and placing this matter on the inquest calendar for assessment of damages against the Defendant, CAPTAIN "JOHN" THOMAS Shield #1120, pursuant to CPLR §3215, by reason of Defendant's failure to answer, move, reply or otherwise plead in response to Plaintiff's Complaint served more than thirty (30) days prior thereto or to 1 of 2 FILED: NEW YORK COUNTY CLERK 08/11/2020 10:31 PM INDEX NO. 156979/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2020 otherwise extend the time to answer said pleadings by Defendants herein; and further, c) for such other and further reliefas this Court may deem just and proper in the premises. TYPE OF ACTION: Personal injuries, by reason of negligence by the Defendants. ANSWERING PAPERS: If any, are to be served on the undersigned within seven (7) days before the return date of this motion, pursuant to CPLR §2214(b). SUPPORTING PAPERS: Affirmation of Pamela S. Roth, Esq., dated July 21, 2020 and Affidavit of Plaintiff David Marrero dated July 21, 2020. Dated: Brooklyn, New York August 11, 2020 Yours, c. L O c f mela S. Roth, Esq. PC B : P L S. TH, ESQ. Att rney aintiff D ID MARRERO 7 Coney Island Avenue Brooklyn, NY 11235 Telephone: (888) 466-4884 TO: "JOHN" CAPTAIN THOMAS Shield #1120 c/o NYC Department of Correction 75-20 Astoria Blvd. East Elmhurst, NY 11370 "JOHN" CAPTAIN THOMAS Shield #1120 c/o NYC Department of Correction 19"1 Bellevue Hospital Center Floor 1" 462 Avenue New York, NY 10016 2 of 2