On May 05, 2017 a
Motion-Secondary
was filed
involving a dispute between
Mildred Villano,
and
Hercules Corp.,
Mutual Redevelopment Houses, Inc.,
for Torts - Other Negligence (Premises Liability)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-
______________________________________-----------------------------X
MILDRED VILLANO, Index No.: 154224/2017-E
Plaintiff(s),
-against-
AFFIRMATION IN
MUTUAL REDEVELOPMENT HOUSES, INC. and SUPPORT
HERCULES CORP.,
Defendant(s).
———- —
—
__________________________________________________-----------------X
Roy Itzkowitz, an attorney duly admitted to practice before all of the Court of the
State of New York, under the penalties of perjury hereby affirms:
1. I am an associate in the offices of Weiser & McCarthy, Esqs., attorneys of
record for defendant Mutual Redevelopment Houses, Inc., hereinafter referred to as
"Movant", and as such, I am fully familiar with all of the facts and circumstances of this
action by reason of the file maintained in this office.
2. This affirmation is submitted in support of the instant motion pursuant to
CPLR Section 3124 for an Order compelling defendant Hercules Corp. to respond to
Movant's notice for discovery and inspection dated March 2, 2018 and CPLR Section
3126 for an Order precluding defendant Hercules Corp. from offering into evidence at the
time of trial any discovery that has not been provided.
3. Plaintiff allegedly sustained injuries as a result of slipping and falling on
24*
water in the laundry room in 321 West Street, New York, New York, on June 27,
2015. The codefendant, Hercules Corporation, provides the machines in the laundry room
"A"
pursuant to a contract with Movant. Annexed hereto as Exhibit is said contract.
1 of 3
FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018
4. Pursuant to the contract, Paragraph 5, defendant Hercules Corp. is
required to provide insurance coverage to Movant and name movant as an additional
insured on their liability insurance policy.
S. Movant served a discovery demand on defendant Hercules Corp. on
March 2, 2018 demanding a complete copy Hercules Corp.'s liability insurance policy,
including allendorsements, as well as all certificates of insurance that name Movant as
an insured, in effect on June 27, 2015; Exhibit "B". Defendant Hercules Corp. had only
provided the amount of the coverage in a discovery response dated April 30, 2018;
Exhibit "C".
6. On May 31, 2018, our office sent a Good Faith letter to defendant
Hercules Corp.'s attorneys advising that to date no response had been received
concerning the March 2, 2018 Notice for Discovery and Inspection regarding the full
"D"
insurance policy. To date there has been no response. Attached hereto as Exhibit is
a copy of the Good Faith Letter.
7. The discovery sought by Movant is material and necessary to the
prosecution of their cross claim for contractual indemnification. Defendant Hercules
Corp.'s failure to provide this discovery serves to prejudice Movant.
8. Based upon the foregoing, itis respectfully requested that this Court grant
the instant motion and issue and Order pursuant to CPLR Sections 3124 and 3126 for the
requested relief.
WHEREFORE, it isrespectfully requested that this Court grant the instant
motion and issue an Order pursuant to CPLR Section 3124 for an Order compelling
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FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018
defendant Hercules Corp.to respond to defendant Mutual Redevelopment Houses, Inc.'s
discovery demands dated March 2, 2018 and CPLR Section 3126 for an Order precluding
defendant Hercules Corp from offering into evidence at the time of trial any discovery
that has not been provided along with such other and further relief as this Court deems
just and proper.
Dated: New York, New York
June 15, 2018
Roy Itzkowitz
3 of 3
Document Filed Date
June 19, 2018
Case Filing Date
May 05, 2017
Category
Torts - Other Negligence (Premises Liability)
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Preview
FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - ______________________________________-----------------------------X MILDRED VILLANO, Index No.: 154224/2017-E Plaintiff(s), -against- AFFIRMATION IN MUTUAL REDEVELOPMENT HOUSES, INC. and SUPPORT HERCULES CORP., Defendant(s). ———- — — __________________________________________________-----------------X Roy Itzkowitz, an attorney duly admitted to practice before all of the Court of the State of New York, under the penalties of perjury hereby affirms: 1. I am an associate in the offices of Weiser & McCarthy, Esqs., attorneys of record for defendant Mutual Redevelopment Houses, Inc., hereinafter referred to as "Movant", and as such, I am fully familiar with all of the facts and circumstances of this action by reason of the file maintained in this office. 2. This affirmation is submitted in support of the instant motion pursuant to CPLR Section 3124 for an Order compelling defendant Hercules Corp. to respond to Movant's notice for discovery and inspection dated March 2, 2018 and CPLR Section 3126 for an Order precluding defendant Hercules Corp. from offering into evidence at the time of trial any discovery that has not been provided. 3. Plaintiff allegedly sustained injuries as a result of slipping and falling on 24* water in the laundry room in 321 West Street, New York, New York, on June 27, 2015. The codefendant, Hercules Corporation, provides the machines in the laundry room "A" pursuant to a contract with Movant. Annexed hereto as Exhibit is said contract. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018 4. Pursuant to the contract, Paragraph 5, defendant Hercules Corp. is required to provide insurance coverage to Movant and name movant as an additional insured on their liability insurance policy. S. Movant served a discovery demand on defendant Hercules Corp. on March 2, 2018 demanding a complete copy Hercules Corp.'s liability insurance policy, including allendorsements, as well as all certificates of insurance that name Movant as an insured, in effect on June 27, 2015; Exhibit "B". Defendant Hercules Corp. had only provided the amount of the coverage in a discovery response dated April 30, 2018; Exhibit "C". 6. On May 31, 2018, our office sent a Good Faith letter to defendant Hercules Corp.'s attorneys advising that to date no response had been received concerning the March 2, 2018 Notice for Discovery and Inspection regarding the full "D" insurance policy. To date there has been no response. Attached hereto as Exhibit is a copy of the Good Faith Letter. 7. The discovery sought by Movant is material and necessary to the prosecution of their cross claim for contractual indemnification. Defendant Hercules Corp.'s failure to provide this discovery serves to prejudice Movant. 8. Based upon the foregoing, itis respectfully requested that this Court grant the instant motion and issue and Order pursuant to CPLR Sections 3124 and 3126 for the requested relief. WHEREFORE, it isrespectfully requested that this Court grant the instant motion and issue an Order pursuant to CPLR Section 3124 for an Order compelling 2 of 3 FILED: NEW YORK COUNTY CLERK 06/19/2018 12:46 PM INDEX NO. 154224/2017 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/19/2018 defendant Hercules Corp.to respond to defendant Mutual Redevelopment Houses, Inc.'s discovery demands dated March 2, 2018 and CPLR Section 3126 for an Order precluding defendant Hercules Corp from offering into evidence at the time of trial any discovery that has not been provided along with such other and further relief as this Court deems just and proper. Dated: New York, New York June 15, 2018 Roy Itzkowitz 3 of 3