On March 12, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Thalia Agathocleous,
and
795 Fifth Avenue Corportation D B A The Pierre,
Ihms,Llc,
for Torts - Other (Premises)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------------------------------------X
THALIA AGATHOCLEOUS, Index No.: 703721/2018
Plaintiff,
NOTICE OF MOTION
-against- TO STRIKE
"SUPPLEMENTAL"
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, BILL OF PARTICULARS
AND PRECLUDE
Defendant.
--------------------------------------------------------------------------X
MOTION BY: McMahon, Martine & Gallagher, LLP Attorneys for
the Defendant, 795 FIFTH AVENUE
CORPORATION
DATE, TIME AND PLACE OF April 19, 2021 at 9:30 a.m. in the forenoon of that
HEARING: date in Supreme Court, Queens County, in the Part
19, at 88-11 Sutphin Blvd, Queens, NY 11435
SUPPORTING PAPERS: Affirmation of Gene Novak, Esq. and Exhibits.
RELIEF REQUESTED: An order a) striking plaintiff's purported
"Supplemental"
Verified Bill of Particulars dated
February 3, 2021; b) precluding the plaintiff from
offering any evidence at trialin connection with the
"Supplemental"
purported Verified Bill of Particulars
dated February 3, 2021 and alleged fracture of right
posterior eight rib, blunting of a costophrenic angle,
pleural fluid, and the lost earnings claim; and c)
granting such other and further relief as the court
deems just and proper.
ANSWERING PAPERS: pursuant to CPLR §2214(b) all answering papers, if
any, must be served upon the undersigned at least
seven (7) days prior to the return date of this motion.
Dated: Brooklyn, New York Yours etc.,
March 19, 2021
BY: GEN NOýAK, ESQ.
McMAI ON, MARTINE & GALLAGHER, LLP
1 of 2
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/19/2021
Attorneys for Defendant
795 FIFTH AVENUE CORPORATION
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
File No.: 553.0215
TO: SACCO & FILLAS, LLP
Attorneys for Plaintiff
THALIA AGATHOCLEOUS
7th
31-19 Newtown Avenue, FlOOr
Astoria, New York 11102
(718) 746-3440
2 of 2
Document Filed Date
March 19, 2021
Case Filing Date
March 12, 2018
Category
Torts - Other (Premises)
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Preview
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------------X THALIA AGATHOCLEOUS, Index No.: 703721/2018 Plaintiff, NOTICE OF MOTION -against- TO STRIKE "SUPPLEMENTAL" 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, BILL OF PARTICULARS AND PRECLUDE Defendant. --------------------------------------------------------------------------X MOTION BY: McMahon, Martine & Gallagher, LLP Attorneys for the Defendant, 795 FIFTH AVENUE CORPORATION DATE, TIME AND PLACE OF April 19, 2021 at 9:30 a.m. in the forenoon of that HEARING: date in Supreme Court, Queens County, in the Part 19, at 88-11 Sutphin Blvd, Queens, NY 11435 SUPPORTING PAPERS: Affirmation of Gene Novak, Esq. and Exhibits. RELIEF REQUESTED: An order a) striking plaintiff's purported "Supplemental" Verified Bill of Particulars dated February 3, 2021; b) precluding the plaintiff from offering any evidence at trialin connection with the "Supplemental" purported Verified Bill of Particulars dated February 3, 2021 and alleged fracture of right posterior eight rib, blunting of a costophrenic angle, pleural fluid, and the lost earnings claim; and c) granting such other and further relief as the court deems just and proper. ANSWERING PAPERS: pursuant to CPLR §2214(b) all answering papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: Brooklyn, New York Yours etc., March 19, 2021 BY: GEN NOýAK, ESQ. McMAI ON, MARTINE & GALLAGHER, LLP 1 of 2 FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/19/2021 Attorneys for Defendant 795 FIFTH AVENUE CORPORATION 55 Washington Street, 7th Floor Brooklyn, New York 11201 (212) 747-1230 File No.: 553.0215 TO: SACCO & FILLAS, LLP Attorneys for Plaintiff THALIA AGATHOCLEOUS 7th 31-19 Newtown Avenue, FlOOr Astoria, New York 11102 (718) 746-3440 2 of 2