Motion,Ex Parte: Alejandra Rodriguez v. Jason Rodriguez-Batista, Michael Esposito

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                                FILED:         QUEENS        COUNTY         CLERK        09/09/2020             02:19       PM                      INDEX    NO.   715190/2020
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     09/09/2020




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF QUEENS
                  ----------------------------------------------------------------------X
                  ALEJANDRA RODRIGUEZ,                                                                      Index No.: 715190/20

                                                               Plaintiff,                                   NOTICE OF
                                                                                                            MOTION
                                    - against -

                  JASON RODRIGUEZ-BATISTA and MICHAEL
                  ESPOSITO,

                                                               Defendants.                                  Return Date: 10/8/20
                  ----------------------------------------------------------------------X

                  COUNSELORS:

                           PLEASE TAKE NOTICE, that upon the annexed Affirmation in Support and Affirmation

                  of Good Faith of RACHEL M. MAHONEY, ESQ., each dated the 8TH day of September, 2020,

                  and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this

                  Court before the Supreme Court. Motion Support Part, located at 88-11 Sutphin Boulevard,

                  Jamaica, NY 11435, on the 8th day of October, 2020, at 10:00 am o’clock in the forenoon of that

                  day, or as soon thereafter as counsel can be heard, for an Order a) pursuant to 22 NYCRR

                  §202.21(e), vacating the Note of Issue and striking the above action from the Trial Calendar

                  upon the ground that all discovery now known to be necessary has not been completed; b)

                  pursuant to CPLR §3212(a), extending the defendants’ time to move for summary judgment until

                  one hundred twenty (120) days from the date of completion of all outstanding discovery or to a

                  date that this Court deems just and proper; and c) pursuant to CPLR §3124 and CPLR §3126(2),

                  directing the plaintiff ALEJANDRA RODRIGUEZ (hereinafter referred to as “the plaintiff”), to

                  appear for an independent medical examination, to promptly respond to defendants’ post-

                  deposition demands dated February 10, 2020, and to provide the defendants with all outstanding




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   FILED:         QUEENS        COUNTY         CLERK        09/09/2020             02:19       PM                      INDEX    NO.   715190/2020
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     09/09/2020




                  discovery by dates certain with the failure to comply resulting in a self-executing order of

                  preclusion, together with such other and further relief as to this Court may seem just and proper.

                           PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, must be served at

                  least seven (7) days prior to the return date of this motion, pursuant to Rule 2214(b) of the

                  CPLR.

                  Dated:   Mineola, New York
                           September 8, 2020
                                                                                 Yours, etc.,

                                                                                 KELLY, RODE & KELLY, LLP


                                                                                 By:  Rachel               M.
                                                                                 Mahoney
                                                                                          RACHEL M. MAHONEY
                                                                                 Attorneys for Defendants
                                                                                 Office & P.O. Address
                                                                                 330 Old Country Road, Suite 305
                                                                                 Mineola, New York 11501
                                                                                 (516) 739-0400
                                                                                 Our File No.: EJK/RMM 147360-326

                  To:      HELEN DALTON AND ASSOCIATES, P.C.
                           Attorneys for Plaintiff
                           80-02 Kew Gardens Road, Suite 601
                           Kew Gardens, NY 11415
                           (718) 263-9591
                           File No.: 117-0298




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   FILED:         QUEENS        COUNTY         CLERK        09/09/2020             02:19       PM                      INDEX    NO.   715190/2020
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     09/09/2020




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