Preview
FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------X
CELAL SAYI,
REPLY AFFIRMATION
Plaintiff,
-against-
Index No.: 521588/2018
AVRAHAM ISRAEL MALKA and
ARI RENT A CAR CORP.,
Defendants.
_..____ ___________---X
Thomas Cicolello, an attorney duly licensed to practice law in the State of New
York, affirms the following staten-ents to be true under the peñalties of perjury:
1. I am an associate with the BELUSHIN LAW FIRM, P.C., attorneys for
Plaintiff, CELAL SAYI. I am fully familiar with the facts and circumstances set forth
herein based upon my review of the file maintained by my firm for the prosecution of this
action.
2. This affirmation is submitted in reply to Defendant's Affirmation in
Opposition to Plaintiff's motion for an Order pursuant to pursuant to CPLR§§3124 and
3126 the Defand=†: AVRAHAM ISRAEL MALKA and ARI RENT A CAR
striking
CORP., (hereinafter referred to as "Defendants"), Answer, or in the alternative,
compelling Defendants to produce, Defendants for deposition, or prech'ding the
Defendsets from offering testimony at the time of trial; and further relief as the Court
Defendants'
deems proper and just. Contrary to contentions, Plaintiffs can show that the
failure of Defendants to appear for deposition was indeed willful and intentional.
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FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019
3. Defendants state in their opposition, that depositions are scheduled on January 22,
defendants'
2020 of all parties. However, due to the numerous attempts to schedule
E.B.T. and the alleged scheduling conflicts, we are asking for the Court's intervention to
secure this deposition date.
4. At the last Compliance Conference on September 5, 2019, all parties were
directed to appear for depositions on November 25, 2019, Plaintiff attempted to confirm the
Deposition of Dehd=m and they requested an adjournment. Plaintiff's office was ready,
and yet they claim they had a scheduling conflict. The E.B.T. was adjourned at defendant's
request. The mere fact that Compliance Conference is scheduled for Jãñüãry 29, 2020 does
not mean that defendants can violate court orders with impunity.
5. As you can see, since the Preliminary Conference the defendant's
continuously failed to comply with the court directives. It is not just a single
nonappearance for an E.B.T., in this matter as the Defendants claim in their opposition
papers. Defendants are in violation of 2 Court Orders. It is obvious that their intentions
defêñdañts'
are to continuously delay the prosecution in this matter. Therefore, Answer
should be stricken.
Defendants'
6. conduct is not mere bad faith, but a willful, intentional and
Defendants'
contumacious conduct that merits an unconditional of Answer.
striking
Defendants'
7. Should this Court decide not to strike the Answer, then
Plaintiff asks that this Court issue an Order for the deposition of Defendants on a date
certain, otherwise the defendants will be precluded from testifying at trial or submitting
an affidavit in opposition to a summary judgment motion.
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FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019
WHEREFORE, itis respectfully requested for Plaintiff's motion to be granted in
defendants'
its entirety and that Answer is stricken and for such other and further relief
as this Court deems just and proper.
Dated: Brooklyn, New York
December 26, 2019
THOMAS CICOLELLO, ESQ.
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FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019
SUPREMECOURTOFTHESTATEOFNEW YORK
COUNTY OF KINGS
...____ ____ _____-----------------------------------------------------X
CELAL SAYI, A FFIDAVIT OF SERVICE
Index No.:
Plaintiff,
521588/2018
-against-
AVRAHAM ISRAEL MALKA and
ARI RENT A CAR CORP.,
Defendants.
_____________. ___________________
____________--------------X
STATE OF NEW YORK)
COUNTY OF KINGS ) ss:
Yenifer Cruz, affirmsthe following,under penaltiesof perjury:
I resideinKings County, StateofNew York, I am nota party tothe withinaction and on
December 2019, I servedthe following:
REPLY AFFIRMATION
Upon:
CAROLINE PAPADATOS AND ASSOCIATES
Attorneys forDefendants
AVRAHAM ISRAEL MALKA and
ARI RENT A CAR CORP.
475 Park Avenue South, 23rd Floor
New York, New York 10016
Tel.:(212) 905-2604
FileNo.: 11-005393-1
at theaddress designated by said attomeys forthat purpo positing a truecopy of same
enclosed in a postpaid properly addressed wrapper inan o depository under theexclusive
care and custody of theUnited StatesPost Office of theSt t ew York.
YE FER RUZ
Sworn tobefore me on this ay
Of December 2019
NOTARY PUBLIC
J.CICOLELLO
THOMAS
State of NewYork
Notary Public,
No.24-4838891
Qualified in Kings County
Expires July 31. 20
Term
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FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019
Index No.:521588/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------X
CELAL SAYI,
Plaintiff,
-against-
AVRAHAM ISRAEL MALKA and ARI RENT A CAR CORP.
Defendants.
--------------------------------------- -----------------X
REPLY AFFIRMATION
BELUSHIN LAW FIRM, P.C.
Attorneys for Plaintiffs
CELAL SAYI
1712 Kings Highway, Suite 2
Brooklyn, New York 1 1229
718-787-4470
FileNo.: I6-0267WC
TO:
CAROLINE PAPADATOS AND ASSOCIATES
Attorneys forDefendants
AVRAHAM ISRAEL MALKA and
ARIRENTA CARCORP.
475 Park Avenue South, 23rd Floor
New York, New York 10016
Tel.:(212) 905-2604
FileNo.: 11-005393-1
Pursuant to 22NYCR 130-l.1 the undersigned, an attorney admitted to practice inthe courtsof
New York State,certifiesthatupon information and belief and reasonable inquiry, thecontents contained in
the annexed document are not frivolous.
Thomas Cicolello, Esq.
Dated: December 26, 2019
5 of 5
Preview
FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------X CELAL SAYI, REPLY AFFIRMATION Plaintiff, -against- Index No.: 521588/2018 AVRAHAM ISRAEL MALKA and ARI RENT A CAR CORP., Defendants. _..____ ___________---X Thomas Cicolello, an attorney duly licensed to practice law in the State of New York, affirms the following staten-ents to be true under the peñalties of perjury: 1. I am an associate with the BELUSHIN LAW FIRM, P.C., attorneys for Plaintiff, CELAL SAYI. I am fully familiar with the facts and circumstances set forth herein based upon my review of the file maintained by my firm for the prosecution of this action. 2. This affirmation is submitted in reply to Defendant's Affirmation in Opposition to Plaintiff's motion for an Order pursuant to pursuant to CPLR§§3124 and 3126 the Defand=†: AVRAHAM ISRAEL MALKA and ARI RENT A CAR striking CORP., (hereinafter referred to as "Defendants"), Answer, or in the alternative, compelling Defendants to produce, Defendants for deposition, or prech'ding the Defendsets from offering testimony at the time of trial; and further relief as the Court Defendants' deems proper and just. Contrary to contentions, Plaintiffs can show that the failure of Defendants to appear for deposition was indeed willful and intentional. 1 of 5 FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019 3. Defendants state in their opposition, that depositions are scheduled on January 22, defendants' 2020 of all parties. However, due to the numerous attempts to schedule E.B.T. and the alleged scheduling conflicts, we are asking for the Court's intervention to secure this deposition date. 4. At the last Compliance Conference on September 5, 2019, all parties were directed to appear for depositions on November 25, 2019, Plaintiff attempted to confirm the Deposition of Dehd=m and they requested an adjournment. Plaintiff's office was ready, and yet they claim they had a scheduling conflict. The E.B.T. was adjourned at defendant's request. The mere fact that Compliance Conference is scheduled for Jãñüãry 29, 2020 does not mean that defendants can violate court orders with impunity. 5. As you can see, since the Preliminary Conference the defendant's continuously failed to comply with the court directives. It is not just a single nonappearance for an E.B.T., in this matter as the Defendants claim in their opposition papers. Defendants are in violation of 2 Court Orders. It is obvious that their intentions defêñdañts' are to continuously delay the prosecution in this matter. Therefore, Answer should be stricken. Defendants' 6. conduct is not mere bad faith, but a willful, intentional and Defendants' contumacious conduct that merits an unconditional of Answer. striking Defendants' 7. Should this Court decide not to strike the Answer, then Plaintiff asks that this Court issue an Order for the deposition of Defendants on a date certain, otherwise the defendants will be precluded from testifying at trial or submitting an affidavit in opposition to a summary judgment motion. 2 of 5 FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019 WHEREFORE, itis respectfully requested for Plaintiff's motion to be granted in defendants' its entirety and that Answer is stricken and for such other and further relief as this Court deems just and proper. Dated: Brooklyn, New York December 26, 2019 THOMAS CICOLELLO, ESQ. 3 of 5 FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019 SUPREMECOURTOFTHESTATEOFNEW YORK COUNTY OF KINGS ...____ ____ _____-----------------------------------------------------X CELAL SAYI, A FFIDAVIT OF SERVICE Index No.: Plaintiff, 521588/2018 -against- AVRAHAM ISRAEL MALKA and ARI RENT A CAR CORP., Defendants. _____________. ___________________ ____________--------------X STATE OF NEW YORK) COUNTY OF KINGS ) ss: Yenifer Cruz, affirmsthe following,under penaltiesof perjury: I resideinKings County, StateofNew York, I am nota party tothe withinaction and on December 2019, I servedthe following: REPLY AFFIRMATION Upon: CAROLINE PAPADATOS AND ASSOCIATES Attorneys forDefendants AVRAHAM ISRAEL MALKA and ARI RENT A CAR CORP. 475 Park Avenue South, 23rd Floor New York, New York 10016 Tel.:(212) 905-2604 FileNo.: 11-005393-1 at theaddress designated by said attomeys forthat purpo positing a truecopy of same enclosed in a postpaid properly addressed wrapper inan o depository under theexclusive care and custody of theUnited StatesPost Office of theSt t ew York. YE FER RUZ Sworn tobefore me on this ay Of December 2019 NOTARY PUBLIC J.CICOLELLO THOMAS State of NewYork Notary Public, No.24-4838891 Qualified in Kings County Expires July 31. 20 Term 4 of 5 FILED: KINGS COUNTY CLERK 12/26/2019 04:13 PM INDEX NO. 521588/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/26/2019 Index No.:521588/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X CELAL SAYI, Plaintiff, -against- AVRAHAM ISRAEL MALKA and ARI RENT A CAR CORP. Defendants. --------------------------------------- -----------------X REPLY AFFIRMATION BELUSHIN LAW FIRM, P.C. Attorneys for Plaintiffs CELAL SAYI 1712 Kings Highway, Suite 2 Brooklyn, New York 1 1229 718-787-4470 FileNo.: I6-0267WC TO: CAROLINE PAPADATOS AND ASSOCIATES Attorneys forDefendants AVRAHAM ISRAEL MALKA and ARIRENTA CARCORP. 475 Park Avenue South, 23rd Floor New York, New York 10016 Tel.:(212) 905-2604 FileNo.: 11-005393-1 Pursuant to 22NYCR 130-l.1 the undersigned, an attorney admitted to practice inthe courtsof New York State,certifiesthatupon information and belief and reasonable inquiry, thecontents contained in the annexed document are not frivolous. Thomas Cicolello, Esq. Dated: December 26, 2019 5 of 5