On August 03, 2015 a
Motion-Secondary
was filed
involving a dispute between
Michelle Bowman,
Treava Bowman,
and
Gilbert Morales,
Marion Gregg,
The City Of New York,
for Tort
in the District Court of New York County.
Preview
INDEX NO. 157939/2015
NYSCEF DOC. NO. 22 RECEIVED NYSCEF 07/15/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
a INDEX NO. 157939/15
MICHELLE BOWMAN and TREAVA BOWMAN,
AFFIRMATION IN
Plaintiff(s), OPPOSITION TO
MOTION
-against-
MARION GREGG, GILBERT MORALES AND THE CITY
OF NEW YORK
Defendant (s).
doe eee te
LOUIS c FIABANE, ESQ. an attorney duly admitted to
practice law in the Courts of the State of New York affirms the
following under penalties of perjury:
1 That I am the attorney for the plaintiff, herein,
and as such am fully familiar with all the facts and
circumstances and all prior proceedings had herein.
2 That this Affirmation is submitted in opposition
to Defendants’ motion for an order 1) pursuant to 22 NYCRR
202.21 (e), vacating Plaintiff's notice of trial dated June 22,
2016 and 2) For such other and further relief as this Court
deems just and proper.
3 Contrary to Defendants’ contentions, there is no
basis to grant Defendant’s motion.
4 Plaintiff has complied with all of the discovery
demands made by the Defendants.
5 The depositions of the Co-Defendants are
currently scheduled; hence there is absolutely no basis to grant
1 of 2
defendant's motion.
6 The average time from the date of the filing of
the Note of Issue to a trial in Kings County Supreme Court is
more than one year. The Note of Issue in this case was filed on
June 3, 2414, which means that the trial on this case will not
take place until after June 4, 2015. This gives Defendants more
than enough time to finish any discovery which they believe is
outstanding.
WHEREFORE, the Plaintiff respectfully requests that
the instant motion be denied in its entirety, and for such other
and further relief as this Court deems just and proper.
Dated: New York, New York
July 15, 2016
Yours, etc.,
LOUIS FIABANE, ESQ.
2 of 2
Document Filed Date
July 15, 2016
Case Filing Date
August 03, 2015
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INDEX NO. 157939/2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF 07/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK a INDEX NO. 157939/15 MICHELLE BOWMAN and TREAVA BOWMAN, AFFIRMATION IN Plaintiff(s), OPPOSITION TO MOTION -against- MARION GREGG, GILBERT MORALES AND THE CITY OF NEW YORK Defendant (s). doe eee te LOUIS c FIABANE, ESQ. an attorney duly admitted to practice law in the Courts of the State of New York affirms the following under penalties of perjury: 1 That I am the attorney for the plaintiff, herein, and as such am fully familiar with all the facts and circumstances and all prior proceedings had herein. 2 That this Affirmation is submitted in opposition to Defendants’ motion for an order 1) pursuant to 22 NYCRR 202.21 (e), vacating Plaintiff's notice of trial dated June 22, 2016 and 2) For such other and further relief as this Court deems just and proper. 3 Contrary to Defendants’ contentions, there is no basis to grant Defendant’s motion. 4 Plaintiff has complied with all of the discovery demands made by the Defendants. 5 The depositions of the Co-Defendants are currently scheduled; hence there is absolutely no basis to grant 1 of 2 defendant's motion. 6 The average time from the date of the filing of the Note of Issue to a trial in Kings County Supreme Court is more than one year. The Note of Issue in this case was filed on June 3, 2414, which means that the trial on this case will not take place until after June 4, 2015. This gives Defendants more than enough time to finish any discovery which they believe is outstanding. WHEREFORE, the Plaintiff respectfully requests that the instant motion be denied in its entirety, and for such other and further relief as this Court deems just and proper. Dated: New York, New York July 15, 2016 Yours, etc., LOUIS FIABANE, ESQ. 2 of 2