Motion-Secondary: Mohamad Toufic Eid v. Cine Magic East River Studios, Llc, Sally T. Kapsalis

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                                FILED:         KINGS       COUNTY         CLERK        03/18/2020             02:23       PM                        INDEX    NO.   521771/2018
   NYSCEF     DOC.   NO.   18                                                                                 RECEIVED      NYSCEF:     03/18/2020




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS
                  ---------------------------------------------------------------X
                  MOHAMMAD TOUFIC EID,

                                                      Plaintiff,                                   Index No.: 521771/2018

                           -against-                                                               AFFIRMATION

                  CINE MAGIC EAST RIVER STUDIOS, LLC AND
                  SALLY T. KAPSALIS,

                                                      Defendants.
                  ----------------------------------------------------------------X

                           MICHAEL KRIGSFELD, ESQ., an attorney admitted to practice before the Courts

                  of this State, affirms the following to be true under the penalties of perjury:

                           1.       I am associated with the firm of WILLIAM SCHWITZER & ASSOCIATES,

                  P.C., attorneys for plaintiff herein, and as such I am fully familiar with the facts and

                  circumstances of this action based upon a review of the case file and the investigation

                  materials contained therein.

                           2.       This affirmation is submitted in support of plaintiff’s Order to Show Cause

                  seeking an Order:

                                    1)       Extending plaintiff’s time to file a Note of Issue; and

                                    2)        For such other and further relief as this Court deems just and

                           proper.

                           3.       This is a negligence action to recover damages for serious injuries

                  sustained by plaintiff as a result of an accident which occurred on January 18, 2015.

                           4.       Pursuant to the Centralized Compliance Conference Order dated

                  November 18, 2019 (Annexed hereto as Exhibit “A”), plaintiff was directed to file the

                  Note of Issue by March 26, 2020.




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   FILED:         KINGS       COUNTY         CLERK        03/18/2020             02:23       PM                        INDEX    NO.   521771/2018
   NYSCEF     DOC.   NO.   18                                                                                 RECEIVED      NYSCEF:     03/18/2020




                           5.       At this time, due to the national health crisis that is currently ongoing,

                  many of the parties and attorney offices are hesitant to appear for depositions and

                  independent medical which have been cancelled until further notice.

                           6.       In light of current events, Plaintiff respectfully requests that the time to

                  file the Note of Issue be extended for a sufficient period of time to complete the

                  outstanding discovery in this matter.

                           7.       Currently, the depositions of all parties and the medical examination(s) of

                  plaintiff following his deposition remains outstanding. Counsel for plaintiff and

                  defendant were in touch by phone on March 17, 2020 where the depositions were

                  adjourned, without a date, pending updates on the status of the virus.

                           WHEREFORE, plaintiff respectfully requests that this Honorable Court issue an

                  Order granting the within application in all respects and for such other and further relief

                  as this Court deems just and proper.

                  Dated: New York, New York
                           March 18, 2020



                                                                      __________________________________
                                                                     Michael Krigsfeld, Esq.




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