Preview
FILED: KINGS COUNTY CLERK 05/04/2020 01:44 PM INDEX NO. 521723/2018
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------- X
ABRAHAM VARGAS MEDELLIN and : Index No.: 521723/2018
JOSE ALFONSO DELGADO PRIEGO, :
:
Plaintiffs, : NOTICE OF MOTION
:
- against - :
:
HAPPY TRANSPORTATION SERVICE, LLC and :
RASIER-NY, LLC, :
:
Defendants. :
----------------------------------------- X
HAPPY TRANSPORTATION SERVICE, LLC and :
RASIER-NY, LLC, :
:
Third-Party Plaintiffs, :
:
- against - :
:
11TH ST. WORKSHOP and ADAM LONGORIA, :
:
Third-Party Defendants. :
----------------------------------------- X
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed affirmation(s) of Suleman Malik, Esq.,
dated May 4, 2020 and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court, on behalf of the defendant, RASIER-NY, LLC, at the Supreme
Court, Kings County, located at 360 Adams Street, Brooklyn, New York, Motions Submissions
Part, on the 5th day of June, 2020, at 9:30 a.m. of that day, or as soon thereafter as counsel can be
heard, for an Order as follows:
a) Pursuant to N.Y.C.R.R.§ 202.21(e) of the Uniform Rules of the Court, vacating
plaintiff’s note of issue and certificate of readiness and striking the matter from the
court’s trial calendar to allow the parties to proceed with discovery;
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FILED: KINGS COUNTY CLERK 05/04/2020 01:44 PM INDEX NO. 521723/2018
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020
b) Pursuant to C.P.L.R. § 3124, compelling parties to provide outstanding discovery
by a date certain with conditional preclusion language; or in the alternative
c) Extending the time in which the defendants have to file a motion for summary
judgment until 120 days after all of the outstanding discovery is provided and/or
completed; and
d) For such other and further relief as this court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §2214(b), answering
affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return
date of this motion.
Dated: New York, New York
May 4, 2020
Yours, etc.,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By:
Suleman Malik, Esq.
Attorneys for Defendant
RASIER-NY, LLC
150 East 42nd Street
New York, New York 10017
(212) 915-5241
File No.: 15422.298
TO: VIA NYSCEF
JAROSLAWICZ & JAROS PLLC
David J. Pretter, Esq.
Attorneys for Plaintiffs
ABRAHAM VARGAS MEDELLIN and
JOSE ALFONSO DELGADO PRIEGO
225 Broadway, 24th Floor
New York, New York 10007
(212) 227-2780
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NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020
LAW OFFICES OF NANCY L. ISSERLIS
Attorneys for Defendant/Third-Party Plaintiff
HAPPY TRANSPORTATION SERVICE, LLC
36-01 43rd Avenue
Long Island City, New York 11101
(718) 361-1514
CARTAFALSA, TURPIN & LENOF
Renee E. DeMott, Esq.
Attorneys for Third-Party Defendants
11TH ST. WORKSHOP, INC. and
ADAM LONGORIA
4 World Trade Center
150 Greenwich Street, 52nd Floor
New York, New York 10006
(212) 225-7700
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Preview
FILED: KINGS COUNTY CLERK 05/04/2020 01:44 PM INDEX NO. 521723/2018 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------- X ABRAHAM VARGAS MEDELLIN and : Index No.: 521723/2018 JOSE ALFONSO DELGADO PRIEGO, : : Plaintiffs, : NOTICE OF MOTION : - against - : : HAPPY TRANSPORTATION SERVICE, LLC and : RASIER-NY, LLC, : : Defendants. : ----------------------------------------- X HAPPY TRANSPORTATION SERVICE, LLC and : RASIER-NY, LLC, : : Third-Party Plaintiffs, : : - against - : : 11TH ST. WORKSHOP and ADAM LONGORIA, : : Third-Party Defendants. : ----------------------------------------- X COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed affirmation(s) of Suleman Malik, Esq., dated May 4, 2020 and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court, on behalf of the defendant, RASIER-NY, LLC, at the Supreme Court, Kings County, located at 360 Adams Street, Brooklyn, New York, Motions Submissions Part, on the 5th day of June, 2020, at 9:30 a.m. of that day, or as soon thereafter as counsel can be heard, for an Order as follows: a) Pursuant to N.Y.C.R.R.§ 202.21(e) of the Uniform Rules of the Court, vacating plaintiff’s note of issue and certificate of readiness and striking the matter from the court’s trial calendar to allow the parties to proceed with discovery; 1 10660092v.1 1 of 3 FILED: KINGS COUNTY CLERK 05/04/2020 01:44 PM INDEX NO. 521723/2018 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020 b) Pursuant to C.P.L.R. § 3124, compelling parties to provide outstanding discovery by a date certain with conditional preclusion language; or in the alternative c) Extending the time in which the defendants have to file a motion for summary judgment until 120 days after all of the outstanding discovery is provided and/or completed; and d) For such other and further relief as this court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §2214(b), answering affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York May 4, 2020 Yours, etc., WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Suleman Malik, Esq. Attorneys for Defendant RASIER-NY, LLC 150 East 42nd Street New York, New York 10017 (212) 915-5241 File No.: 15422.298 TO: VIA NYSCEF JAROSLAWICZ & JAROS PLLC David J. Pretter, Esq. Attorneys for Plaintiffs ABRAHAM VARGAS MEDELLIN and JOSE ALFONSO DELGADO PRIEGO 225 Broadway, 24th Floor New York, New York 10007 (212) 227-2780 2 10660092v.1 2 of 3 FILED: KINGS COUNTY CLERK 05/04/2020 01:44 PM INDEX NO. 521723/2018 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 05/04/2020 LAW OFFICES OF NANCY L. ISSERLIS Attorneys for Defendant/Third-Party Plaintiff HAPPY TRANSPORTATION SERVICE, LLC 36-01 43rd Avenue Long Island City, New York 11101 (718) 361-1514 CARTAFALSA, TURPIN & LENOF Renee E. DeMott, Esq. Attorneys for Third-Party Defendants 11TH ST. WORKSHOP, INC. and ADAM LONGORIA 4 World Trade Center 150 Greenwich Street, 52nd Floor New York, New York 10006 (212) 225-7700 3 10660092v.1 3 of 3