On November 14, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Francisca Cazares,
and
Our Lady Of Lourdes Roman Catholic Church,
The City Of New York,
for Torts - Other Negligence (PERSONAL INJURY)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 11/27/2018 02:11 PM INDEX NO. 159600/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/27/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------- ---------------------------X
FRANCISCA CAZARES
Index# 159600/2016
Plaintiff
-against- NOTICE OF
MOTION
THE CITY OF NEW YORK and OUR LADY LOURDES
ROMAN CATHOLIC CHURCH.,
Defendants.
----------------.- --- -,--------------- --------- ---------X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Good Faith and
Affirmation of MICHAEL G. DEMPSEY dated the 15th day of November, 2018, the exhibits
attached thereto, and all of the prior pleadings and proceedings heretofore had herein, the
undersigned will move this Court at the Motion Support Office Courtoom Room 130, at the
Supreme Court for the County Of NEW YORK located at 60 Centre Street, New York, NY 10007
on the 21st day of December, 2018 at 9:30 am., in the forenoon of that day or as soon thereafter
as coüñsci may be heard for an Order: (1) Pursuant to CPLR § 3124 and § 3126 compelling
Plaintiff to comply with all previous Court Orders, or in the alternative; (2) precluding Plaintiff
from offering any evidence at the time of trial;and (3) granting such other and further relief in
favor of Defendants as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that sufficient time having been provided
pursuant to CPLR 2214(b), answering papers, ifany, must be served upon the undersigned at least
seven (7) days prior to the return date of this motion.
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FILED: NEW YORK COUNTY CLERK 11/27/2018 02:11 PM INDEX NO. 159600/2016
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/27/2018
ATTORNEY CERTIFICATION
The uñdersigned hereby certifies that, to the best of the undersigned's knowledge,
information and belief formed after a reasonable inquiry under the circumstances, the
presentation of the within Notice of Motion to compel or the contentions contained herein are
not frivolous as defined in 22 NYCRR Section 130-1.1(c).
Dated: New York, New York
November 15, 2018
Yours, etc.,
LEAHEY & JOHNSON, P.C.
Attorneys for Defendants
OUR LADY OF LOURDES CATHOLIC
CHURCH
120 Wall Street, Suite 2220
New York, New York 10005
(212) 269-7308
BY:
MICHAEU G. DE PS Y
TO: VIA FIRST CLASS MAIL
HARMON, LINDER & ROGOWSKY, ESQ.
Attorneys for Plaintiff
FRANCISCA CAZARES
3 Park Avenue, Suite 2300
New York, NY 10005
ZACHARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
2 of 2
Document Filed Date
November 27, 2018
Case Filing Date
November 14, 2016
Category
Torts - Other Negligence (PERSONAL INJURY)
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FILED: NEW YORK COUNTY CLERK 11/27/2018 02:11 PM INDEX NO. 159600/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------- ---------------------------X FRANCISCA CAZARES Index# 159600/2016 Plaintiff -against- NOTICE OF MOTION THE CITY OF NEW YORK and OUR LADY LOURDES ROMAN CATHOLIC CHURCH., Defendants. ----------------.- --- -,--------------- --------- ---------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of Good Faith and Affirmation of MICHAEL G. DEMPSEY dated the 15th day of November, 2018, the exhibits attached thereto, and all of the prior pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Support Office Courtoom Room 130, at the Supreme Court for the County Of NEW YORK located at 60 Centre Street, New York, NY 10007 on the 21st day of December, 2018 at 9:30 am., in the forenoon of that day or as soon thereafter as coüñsci may be heard for an Order: (1) Pursuant to CPLR § 3124 and § 3126 compelling Plaintiff to comply with all previous Court Orders, or in the alternative; (2) precluding Plaintiff from offering any evidence at the time of trial;and (3) granting such other and further relief in favor of Defendants as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that sufficient time having been provided pursuant to CPLR 2214(b), answering papers, ifany, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. 1 of 2 FILED: NEW YORK COUNTY CLERK 11/27/2018 02:11 PM INDEX NO. 159600/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/27/2018 ATTORNEY CERTIFICATION The uñdersigned hereby certifies that, to the best of the undersigned's knowledge, information and belief formed after a reasonable inquiry under the circumstances, the presentation of the within Notice of Motion to compel or the contentions contained herein are not frivolous as defined in 22 NYCRR Section 130-1.1(c). Dated: New York, New York November 15, 2018 Yours, etc., LEAHEY & JOHNSON, P.C. Attorneys for Defendants OUR LADY OF LOURDES CATHOLIC CHURCH 120 Wall Street, Suite 2220 New York, New York 10005 (212) 269-7308 BY: MICHAEU G. DE PS Y TO: VIA FIRST CLASS MAIL HARMON, LINDER & ROGOWSKY, ESQ. Attorneys for Plaintiff FRANCISCA CAZARES 3 Park Avenue, Suite 2300 New York, NY 10005 ZACHARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 2 of 2