Motion-Secondary: Marquise Williams v. The City Of New York, New York City Department Of Correction

• 
• 

						
                                
Preview
                                FILED:         NEW     YORK       COUNTY        CLERK        06/15/2018             02:49        PM                 INDEX    NO.   151063/2018
   NYSCEF     DOC.   NO.   3                                                                                  RECEIVED      NYSCEF:     06/15/2018

             SUPREME       COURT      OF   THE   STATE     OF   NEW     YORK
             COUNTY       OF  NEW     YORK
             --------------------------------------------------------------------------X
             MARQUISE         WILLIAMS,
                                                                                              Index  No.:   151063/2018

                                                                   Plaintiff,


                               - against  -                                                   ATTORNEYS          AFFIRMATION
                                                                                              DIN   NO.:   17A2297
             THE    CITY    OF   NEW     YORK,     and   NEW     YORK      CITY
             DEPARTMENT            OF   CORRECTIONS,
                                                                                              Law   Dept.  No.:
                                                                   Defendants.                Claim   No.:   2016PIO35197
             --------------------------------------------------------------------------X




                      I, JUSTIN     ROPER,       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     pursuant   to General   Municipal    Law   Section   50-h  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  Clinton  Correctional    Facility,  Downstate    Correctional    Facility


             1156  Cook    St, Dannemora,     NY   12929   under   [DIN   17A2297],    together   with  such  other  and  further  relief as


             to this Court   seems  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
                      SECTION       50-h  OF   THE    GENERAL         MUNICIPAL         LAW

                      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     27th, 2016


             the Plaintiff  sustained   personal    injuries  as  a result  of negligence    on  behalf   of  Defendants    when    he  was


             injured  by negligent   premises    maintenance     at the Manhattan    Detention    Center  (MDC)     located  at 125  White




                                                                        1  of   2
   FILED:         NEW     YORK       COUNTY        CLERK        06/15/2018             02:49        PM                 INDEX    NO.   151063/2018
   NYSCEF     DOC.   NO.   3                                                                                  RECEIVED      NYSCEF:     06/15/2018

             Street, New    York,  New    York   10013,   County    of New   York,   City  and  State  of New    York,  while   in the  care



             custody   and  control  of said  defendants.


                      4.       On   December     1, 2016,   a Notice   of  Claim   and  was   personally    served  on  THE     CITY    OF


             NEW     YORK,     and   NEW     YORK     CITY     DEPARTMENT            OF   CORRECTION.


                      5.       This  action  was   commenced       within   one  year  and   ninety  days   from   the date  the  cause   of


             action  upon   which   it isbased   by  filing of  a Summons      and  Complaint     with  the Clerk   of Bronx    County   on



             February   2nd, 2018,   annexed    hereto  as EXHIBIT       A.   Service   was  effectuated   upon   the  Defendant    City  of


             New   York   on  February   9th, 2018.   Issue  has  not been  joined   by  the City  of New    York.


                      6.       The  Plaintiff  is going  to be  in prison  for a lengthy  period   of time  before  he  isreleased   which


             would   potentially   delay  this matter   for many   years.  His  projected   release  date  is somewhere      around   2028.


             Unless   plaintiff's  50-h   hearing   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   to produce    the Plaintiff  for a video


             conference    at the  facility where    he  is being   detained   for a 50-h   hearing   at, or  such   other  facility as the


             Department     of Corrections    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   seem  just  and  proper.


                      8.       Service  of this  Order  to  Show   Cause   is requested   by  regular  mail.


                      9.       No  previous   application   has  been  made    for the relief requested    herein.




                      WHEREFORE           itis respectfully   requested   that this Court   grant the  relief requested   herein,  together


             with  such  other  and  further  relief as to this Court   seems   just and  proper.




             Dated:   New    York,  New    York

                      June  14th,  2018




                                                                        2  of   2