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FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI,
ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD INDEX NO. 154859/18
HOSSAIN, SALMAN KHAN, MICHELLE LEONARD,
DENNYS LOZADA, MICHELLE MULLINS, ALEKSANDRA
PALAK, JENNY PARK, MEGAN SALMON, MOHIT SHARMA, AFFIRMATION IN
PAUL SHELDON, OMRI SHELLEF, HERNAN SILVESTRE, OPPOSITION
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.
MICHAEL O'BEIRNE, an attorney duly admitted to practice law in the State of New
York, affirms the following to be true under penalty of perjury:
1. I am an associate of the firm of BAMUNDO ZWAL & SCHERMERHORN,
LLP, attorneys for Plaintiffs, ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI,
ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD HOSSAIN, SALMAN KHAN,
MICHELLE LEONARD, 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, in the above-captioned matter, and as such, I am fully familiar with the facts
and circumstances of the within action.
..
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FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019
2. I make this affirmation in opposition to defendants', 96 & SECOND LLC,
WALTER & SAMUELS, INCORPORATED, and WALTER & SAMUELS CAPITAL GROUP
LLC, motion pursuant to CPLR §3126.
defendants'
3. Plaintiffs responded to the vast majority of discovery demañds dated
December 6, 2018 and the Court Order dated April 9, 2019, on March 11, 2019. (Please see
"A,"
Exhibit for the purposes of judicial economy, without the attached exhibits as the responses
contain personal and financial information of respective plaintiffs. However, the same can be
provided to the Court if necessary). Plaintiffs will continue to provide defendants with the
requested discovery, to the extent itexists, as it becomes available to them regarding their
individual property damage claims.
4. Any outstanding discovery is due to the number of parties to this action and their
individual circumstances, and any delay in providing demanded discovery, to the extent it exists,
defendants'
is not willful or contumacious. Therefore, requested relief to strike the complaint or
to preclude plaintiffs from offering evidence as to damages is not warranted.
5. Further, discovery in the instant matter is stillongoing and a status conference is
scheduled for August 6, 2019. All issues pertaining to discovery, including but not limited to the
plaintiffs'
re-scheduling of depositions, should be resolved at the aforementioned status
conference.
6. Based on the foregoing, defendant's instant motion should be denied in its
entirety.
WHEREFORE, as a result of the above, itis respectfully requested that this Court deny
defendants'
the motion in its entirety.
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FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019
Dated: New York, New York
July 15, 2019
Michael O'Beirne
BAMUNDO, ZWAL & SCHERMERHORN, LLP
Attorneys for Plaintiffs
111 John Street, Suite 1100
New York, NY 10038
(212) 608 8840
TO: WHITE & McSPEDON, P.C.
Attorneys for Defendants
875 Avenue of the Americas, Suite 800
New York, NY 10001
(212) 564-6633
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Preview
FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI, ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD INDEX NO. 154859/18 HOSSAIN, SALMAN KHAN, MICHELLE LEONARD, DENNYS LOZADA, MICHELLE MULLINS, ALEKSANDRA PALAK, JENNY PARK, MEGAN SALMON, MOHIT SHARMA, AFFIRMATION IN PAUL SHELDON, OMRI SHELLEF, HERNAN SILVESTRE, OPPOSITION 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. MICHAEL O'BEIRNE, an attorney duly admitted to practice law in the State of New York, affirms the following to be true under penalty of perjury: 1. I am an associate of the firm of BAMUNDO ZWAL & SCHERMERHORN, LLP, attorneys for Plaintiffs, ABBY DAVIS, MICHELA DIXON, NICHOLAS DOBROSKI, ISHFAQUE FARUK, JOANNA GIORDANO, ARSHAD HOSSAIN, SALMAN KHAN, MICHELLE LEONARD, 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, in the above-captioned matter, and as such, I am fully familiar with the facts and circumstances of the within action. .. 1 of 3 FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019 2. I make this affirmation in opposition to defendants', 96 & SECOND LLC, WALTER & SAMUELS, INCORPORATED, and WALTER & SAMUELS CAPITAL GROUP LLC, motion pursuant to CPLR §3126. defendants' 3. Plaintiffs responded to the vast majority of discovery demañds dated December 6, 2018 and the Court Order dated April 9, 2019, on March 11, 2019. (Please see "A," Exhibit for the purposes of judicial economy, without the attached exhibits as the responses contain personal and financial information of respective plaintiffs. However, the same can be provided to the Court if necessary). Plaintiffs will continue to provide defendants with the requested discovery, to the extent itexists, as it becomes available to them regarding their individual property damage claims. 4. Any outstanding discovery is due to the number of parties to this action and their individual circumstances, and any delay in providing demanded discovery, to the extent it exists, defendants' is not willful or contumacious. Therefore, requested relief to strike the complaint or to preclude plaintiffs from offering evidence as to damages is not warranted. 5. Further, discovery in the instant matter is stillongoing and a status conference is scheduled for August 6, 2019. All issues pertaining to discovery, including but not limited to the plaintiffs' re-scheduling of depositions, should be resolved at the aforementioned status conference. 6. Based on the foregoing, defendant's instant motion should be denied in its entirety. WHEREFORE, as a result of the above, itis respectfully requested that this Court deny defendants' the motion in its entirety. 2 of 3 FILED: NEW YORK COUNTY CLERK 07/15/2019 04:19 PM INDEX NO. 154859/2018 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/15/2019 Dated: New York, New York July 15, 2019 Michael O'Beirne BAMUNDO, ZWAL & SCHERMERHORN, LLP Attorneys for Plaintiffs 111 John Street, Suite 1100 New York, NY 10038 (212) 608 8840 TO: WHITE & McSPEDON, P.C. Attorneys for Defendants 875 Avenue of the Americas, Suite 800 New York, NY 10001 (212) 564-6633 3 of 3