On January 01, 2018 a
Motion-Secondary
was filed
involving a dispute between
Marquise Williams,
and
New York City Department Of Correction,
The City Of New York,
for Torts - Other Negligence (Negligence Med Indiff)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 151063/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/31/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
MARQUISE WILLIAMS,
Index No.: 151063/2018
Plaintiff,
- against - ATTORNEY AFFIRMATION
THE CITY OF NEW YORK, and
NEW YORK CITY DEPARTMENT OF CORRECTION,
Defendants.
--------------------------------------------------------------------------X
I, Angel A. Castro, III, Esq. hereby make this Affirmation pursuant to CPLR Section 2106,
under the penalties of perjury:
1. I am an attorney duly admitted to practice law in the State of New York and represent
the Plaintiff herein. I make this Affirmation in support of the instant Order to Show Cause to take
the Examination Before Trial of MARQUISE WILLIAMS, the Plaintiff, in this matter, who is
confined under legal process under the custody and control of the New York State Department of
Corrections, at the Elmira Correctional Facility, 1879 Davis St., Elmira, New York 14901-0500 under
[DIN 17A2297], together with such other and further relief as to this Court deems just and proper.
2. This affirmation is made based upon a review of records maintained by my office in
the ordinary course of business.
I. MOTION TO PRODUCE PLAINTIFF AT AN EXAMINATION PURSUANT TO
CPLR § 3113
3. The above-entitled action is brought on behalf of the Plaintiff against the Defendants
herein based upon a cause of action for negligence. The gravamen of the claim is that on November
27, 2016 Plaintiff fell due to wet floor and was injured at the Manhattan Detention Center (“MDC”)
located at 125 White St, New York, NY 10013, County of New York, City and State of New York,
1 of 2
FILED: NEW YORK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 151063/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/31/2020
while in the care custody and control of said defendants. A Notice of Claim and was timely served
on THE CITY OF NEW YORK. Issue has been joined by the City of New York.
4. The Plaintiff is going to be in prison for a lengthy period of time before he is released
which would potentially delay this matter for many years. His earliest possible release date is in 2022.
Unless plaintiff’s EBT is completed within a reasonable time, both sides will have difficulty recalling
this event and plaintiff will be prejudiced in the prosecution of this civil action. Therefore in light of
the adjournment and the Plaintiff’s current incarceration, your deponent respectfully request that this
Court grant an Order for the New York State Department of Corrections and Community Supervision
to produce the Plaintiff for a video conference at the facility where he is being detained for an
Examination Before Trial at, or such other facility as the Department of Corrections and Community
Supervision deems appropriate, on a date and time certain to be fixed by this Court together with such
other and further relief as to this Court may deem just and proper.
5. The parties have previously agreed to conduct the Plaintiff’s Examination Before Trial
on April 17, 2020 at 10:00 am. No previous application has been made for the relief requested herein.
WHEREFORE it is respectfully requested that this Court grant the relief requested herein,
together with such other and further relief as to this Court deems just and proper.
Dated: New York, New York
January 30, 2020
Nass, Roper & Levin, PC
By: Angel A. Castro, III, Esq.
266 W 37th St. Ste 801
New York, NY 10018
718-775-3246
2 of 2
Document Filed Date
January 31, 2020
Case Filing Date
January 01, 2018
Category
Torts - Other Negligence (Negligence Med Indiff)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 151063/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X MARQUISE WILLIAMS, Index No.: 151063/2018 Plaintiff, - against - ATTORNEY AFFIRMATION THE CITY OF NEW YORK, and NEW YORK CITY DEPARTMENT OF CORRECTION, Defendants. --------------------------------------------------------------------------X I, Angel A. Castro, III, Esq. hereby make this Affirmation pursuant to CPLR Section 2106, under the penalties of perjury: 1. I am an attorney duly admitted to practice law in the State of New York and represent the Plaintiff herein. I make this Affirmation in support of the instant Order to Show Cause to take the Examination Before Trial of MARQUISE WILLIAMS, the Plaintiff, in this matter, who is confined under legal process under the custody and control of the New York State Department of Corrections, at the Elmira Correctional Facility, 1879 Davis St., Elmira, New York 14901-0500 under [DIN 17A2297], together with such other and further relief as to this Court deems just and proper. 2. This affirmation is made based upon a review of records maintained by my office in the ordinary course of business. I. MOTION TO PRODUCE PLAINTIFF AT AN EXAMINATION PURSUANT TO CPLR § 3113 3. The above-entitled action is brought on behalf of the Plaintiff against the Defendants herein based upon a cause of action for negligence. The gravamen of the claim is that on November 27, 2016 Plaintiff fell due to wet floor and was injured at the Manhattan Detention Center (“MDC”) located at 125 White St, New York, NY 10013, County of New York, City and State of New York, 1 of 2 FILED: NEW YORK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 151063/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/31/2020 while in the care custody and control of said defendants. A Notice of Claim and was timely served on THE CITY OF NEW YORK. Issue has been joined by the City of New York. 4. The Plaintiff is going to be in prison for a lengthy period of time before he is released which would potentially delay this matter for many years. His earliest possible release date is in 2022. Unless plaintiff’s EBT is completed within a reasonable time, both sides will have difficulty recalling this event and plaintiff will be prejudiced in the prosecution of this civil action. Therefore in light of the adjournment and the Plaintiff’s current incarceration, your deponent respectfully request that this Court grant an Order for the New York State Department of Corrections and Community Supervision to produce the Plaintiff for a video conference at the facility where he is being detained for an Examination Before Trial at, or such other facility as the Department of Corrections and Community Supervision deems appropriate, on a date and time certain to be fixed by this Court together with such other and further relief as to this Court may deem just and proper. 5. The parties have previously agreed to conduct the Plaintiff’s Examination Before Trial on April 17, 2020 at 10:00 am. No previous application has been made for the relief requested herein. WHEREFORE it is respectfully requested that this Court grant the relief requested herein, together with such other and further relief as to this Court deems just and proper. Dated: New York, New York January 30, 2020 Nass, Roper & Levin, PC By: Angel A. Castro, III, Esq. 266 W 37th St. Ste 801 New York, NY 10018 718-775-3246 2 of 2