On May 23, 2018 a
Motion-Secondary
was filed
involving a dispute between
Abby Davis,
Aleksandra Palak,
Arshad Hossain,
Dennys Lozada,
Hernan Silvestre,
Ishfaque Faruk,
Jenny Park,
Joanna Giordano,
Josue Silvestre,
Julia Velotas,
Laura Yenchman,
Megan Salmon,
Miao Xia,
Michael Wagner,
Michela Dixon,
Michelle Leonard,
Michelle Mullins,
Mohit Sharma,
Nicholas Dobroski,
Omri Shellef,
Paul Sheldon,
Renee Yuen,
Reva Sookraj,
Salman Khan,
Sathya Vasudeva,
and
96 & Second Llc,
Walter & Samuels Capital Group Llc,
Walter & Samuels, Incorporated,
for Torts - Other (Breach of Contract)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/11/2019 02:44 PM INDEX NO. 154859/2018
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/11/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------¬___-----.._______________________..------------------------¬------------X
ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI Index No. 154859/18
ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD
HOSSAIN, SALMAN KHAN, MICHELLE LEONARD, Affirmation in Support
DENNYS LOZADA, MICHELLE MULLINS, ALEKSANDRA
PALAK, JENNY PARK, MEGAN SALMON, MOHIT SHARMA,
PAUL SHELDON, OMRI SHELLEF, HERNAN SILVESTRE,
JOSUE SILVESTRE, REVA SOOKRAJ, SATHYA VASUDEVA,
JULIA VELOTAS, MICHAEL WAGNER, MIAO XIA, LAURA
YENCHMAN and RENEE YUEN
Plaintiffs,
-against-
96 & SECOND LLC, WALTER & SAMUELS,
INCORPORATED, and WALTER & SAMUELS CAPITAL
GROUP LLC,
Defendants.
_____________,----------¬------------------- ----------- -----------..---X
JOSEPH W. SANDS, an attorney duly admitted to practice before the Courts of the State of New
York, hereby affirms the following under the penalties of perjury:
1. I am associated with the law firm of White and McSpedon, P.C., attorneys for defendants,
96 & Second LLC and Walter & Samuels Incorporated and as such I am fully familiar with all of the
facts and circumstances contained herein.
2. I make this affirmation in support of the instant motion seeking an Order pursuant to
CPLR Section 3126 striking plaintiff's Complaint for failing to comply with discovery demands.
3. This action arises out of a complex series of events relating to a building being damaged
by adjoining construction and being served with an Order by the City of New York requiring alltenants
to evacuate. The tenants had brought an action seeking various relief. (Copies of pleadings are annexed
hereto as Exhibit A.)
1 of 2
FILED: NEW YORK COUNTY CLERK 02/11/2019 02:44 PM INDEX NO. 154859/2018
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/11/2019
4. In order to determine the nature of the allegations, defendants served a discovery demand
annexed hereto as Exhibit B on plaintiffs on December 6, 2018. Plaintiffs have not responded.
5. Defendants therefore served a good faith letter on January 30, 2019. (A copy of that letter
is annexed hereto as Exhibit C.) Plaintiffs have not responded.
6. it is therefore apparent that these issues cannot be resolved without a Court Order that
plaintiffs'
will strike Complaint and/or preclude the plaintiffs.
WHEREFORE, it is respectfully requested that the Court grant the within motion seeking to
strike plaintiff's Complaint and for such other and further relief as this Court deems just and proper.
Dated: New York, New York
February 11, 2019
oseph W. Sands, Esq.
2 of 2
Document Filed Date
February 11, 2019
Case Filing Date
May 23, 2018
Category
Torts - Other (Breach of Contract)
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FILED: NEW YORK COUNTY CLERK 02/11/2019 02:44 PM INDEX NO. 154859/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------¬___-----.._______________________..------------------------¬------------X ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI Index No. 154859/18 ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD HOSSAIN, SALMAN KHAN, MICHELLE LEONARD, Affirmation in Support DENNYS LOZADA, MICHELLE MULLINS, ALEKSANDRA PALAK, JENNY PARK, MEGAN SALMON, MOHIT SHARMA, PAUL SHELDON, OMRI SHELLEF, HERNAN SILVESTRE, JOSUE SILVESTRE, REVA SOOKRAJ, SATHYA VASUDEVA, JULIA VELOTAS, MICHAEL WAGNER, MIAO XIA, LAURA YENCHMAN and RENEE YUEN Plaintiffs, -against- 96 & SECOND LLC, WALTER & SAMUELS, INCORPORATED, and WALTER & SAMUELS CAPITAL GROUP LLC, Defendants. _____________,----------¬------------------- ----------- -----------..---X JOSEPH W. SANDS, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following under the penalties of perjury: 1. I am associated with the law firm of White and McSpedon, P.C., attorneys for defendants, 96 & Second LLC and Walter & Samuels Incorporated and as such I am fully familiar with all of the facts and circumstances contained herein. 2. I make this affirmation in support of the instant motion seeking an Order pursuant to CPLR Section 3126 striking plaintiff's Complaint for failing to comply with discovery demands. 3. This action arises out of a complex series of events relating to a building being damaged by adjoining construction and being served with an Order by the City of New York requiring alltenants to evacuate. The tenants had brought an action seeking various relief. (Copies of pleadings are annexed hereto as Exhibit A.) 1 of 2 FILED: NEW YORK COUNTY CLERK 02/11/2019 02:44 PM INDEX NO. 154859/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/11/2019 4. In order to determine the nature of the allegations, defendants served a discovery demand annexed hereto as Exhibit B on plaintiffs on December 6, 2018. Plaintiffs have not responded. 5. Defendants therefore served a good faith letter on January 30, 2019. (A copy of that letter is annexed hereto as Exhibit C.) Plaintiffs have not responded. 6. it is therefore apparent that these issues cannot be resolved without a Court Order that plaintiffs' will strike Complaint and/or preclude the plaintiffs. WHEREFORE, it is respectfully requested that the Court grant the within motion seeking to strike plaintiff's Complaint and for such other and further relief as this Court deems just and proper. Dated: New York, New York February 11, 2019 oseph W. Sands, Esq. 2 of 2