Preview
FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020
B-78718 LAE/kar
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________----___--.--_.-
----------------------------X
ABRAHAM VARGAS MEDELLIN and Index No.: 521723/2018
JOSE ALFONSO DELGADO PRIEGO,
NOTICE OF MOTION
Plaintiffs,
-against-
HAPPY TRANSPORTATION SERVICE, LLC Reginald A. Boddie, J.S.C.
and RASIER-NY, LLC, Return Date: July 17, 2020
Motion # 005
Defendants.
--------------------------------------------------
¬-------------X
HAPPY TRANSPORTATION SERVICE, LLC,
Third-Party Plaintiff,
-against-
11TH ST. WORKSHOP INC. and ADAM LONGORIA,
Third-Party Defendants.
___-------------- --------------------------
----------------X
SIR /MESDAMES:
PLEASE TAKE NOTICE, that upon the annexed affirmation of LESLIE A. EYMA, JR.
dated May 4, 2020 and the exMbits annexed thereto and all the pleadings and proceedings
heretofore had herein, the undersigned will move this Court at the Motion Support Office, Room
17th
227, at the Courthouse located at 360 Adams Street, Brooklyn, New York on the day of
July, 2020, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be
Plaintiffs'
heard, for an Order (a) vacating Note of Issue and Certificate of Readiness, (b)
striking this case from the trial calendar and keeping the case from being placed thereon until
discovery is complete, (c) directing the Plaintiffs to appear for physical examinations by a date
certain or be precluded from offering any medical evidence at trial with respect thereto; (d)
directing Plaintiffs to respond to Defendant/Third-Party Plaintiff's Post EBT Demand for
Discovery and Inspection dated March 25, 2020, (e) directing a date certain for the examination
before trial of Third-Party Defendants 11TH ST. WORKSHOP INC. and ADAM LONGORIA,
1 of 3
FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020
Plaintiffs'
(f) extending Defendañts/Third-Party time to file a motion for summary judgment to
one hundred twenty (120) days from completion of said examination before trial and all
outstanding discovery, and (g) for such other and further relief as this Court may deem just and
proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are required to
be served on the undersigned at least seven (7) days prior to the return date of this motion
pursuant to CPLR 2214 (b).
Pursuant to 22 NYCRR 130-1.1 it is hereby certified that to the best of the undersigned's
knowledge, information and belief formed after an inquiry reasonable under the circumstances,
the presentation of the annexed papers or contentions therein are not frivolous as defined by 22
NYCRR 130-1.1(c)
Dated: Long Island City, New York
May 4, 2020
Yours, etc.
LAW OFFICES OF NANCY L. ISSERLIS
Attorneys for Defendant/Third-Party Plaintiff
By
Leslie A. Eyma, Jr.
43rd
36-01 Avenue
Long Island City, New York 11101
Tel.: (718) 361-1514
File No.: B-78718
TO: Jaroslawicz & Jaros, PLLC
Attorneys for Plaintiff
225 Broadway, 24th Floor
New York, New York 10007
(212) 227-2780
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
Attorneys for Defendant
RASIER-NY, LLC
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 15422.00298
2 of 3
FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020
Cartafalsa, Turpin & Lenoff
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 10007
(212) 225-7700
File No.: 472320
3 of 3
Preview
FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020 B-78718 LAE/kar SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________----___--.--_.- ----------------------------X ABRAHAM VARGAS MEDELLIN and Index No.: 521723/2018 JOSE ALFONSO DELGADO PRIEGO, NOTICE OF MOTION Plaintiffs, -against- HAPPY TRANSPORTATION SERVICE, LLC Reginald A. Boddie, J.S.C. and RASIER-NY, LLC, Return Date: July 17, 2020 Motion # 005 Defendants. -------------------------------------------------- ¬-------------X HAPPY TRANSPORTATION SERVICE, LLC, Third-Party Plaintiff, -against- 11TH ST. WORKSHOP INC. and ADAM LONGORIA, Third-Party Defendants. ___-------------- -------------------------- ----------------X SIR /MESDAMES: PLEASE TAKE NOTICE, that upon the annexed affirmation of LESLIE A. EYMA, JR. dated May 4, 2020 and the exMbits annexed thereto and all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Support Office, Room 17th 227, at the Courthouse located at 360 Adams Street, Brooklyn, New York on the day of July, 2020, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be Plaintiffs' heard, for an Order (a) vacating Note of Issue and Certificate of Readiness, (b) striking this case from the trial calendar and keeping the case from being placed thereon until discovery is complete, (c) directing the Plaintiffs to appear for physical examinations by a date certain or be precluded from offering any medical evidence at trial with respect thereto; (d) directing Plaintiffs to respond to Defendant/Third-Party Plaintiff's Post EBT Demand for Discovery and Inspection dated March 25, 2020, (e) directing a date certain for the examination before trial of Third-Party Defendants 11TH ST. WORKSHOP INC. and ADAM LONGORIA, 1 of 3 FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020 Plaintiffs' (f) extending Defendañts/Third-Party time to file a motion for summary judgment to one hundred twenty (120) days from completion of said examination before trial and all outstanding discovery, and (g) for such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are required to be served on the undersigned at least seven (7) days prior to the return date of this motion pursuant to CPLR 2214 (b). Pursuant to 22 NYCRR 130-1.1 it is hereby certified that to the best of the undersigned's knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the annexed papers or contentions therein are not frivolous as defined by 22 NYCRR 130-1.1(c) Dated: Long Island City, New York May 4, 2020 Yours, etc. LAW OFFICES OF NANCY L. ISSERLIS Attorneys for Defendant/Third-Party Plaintiff By Leslie A. Eyma, Jr. 43rd 36-01 Avenue Long Island City, New York 11101 Tel.: (718) 361-1514 File No.: B-78718 TO: Jaroslawicz & Jaros, PLLC Attorneys for Plaintiff 225 Broadway, 24th Floor New York, New York 10007 (212) 227-2780 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP Attorneys for Defendant RASIER-NY, LLC 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 15422.00298 2 of 3 FILED: KINGS COUNTY CLERK 05/06/2020 07:52 AM INDEX NO. 521723/2018 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 05/06/2020 Cartafalsa, Turpin & Lenoff 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 10007 (212) 225-7700 File No.: 472320 3 of 3