On January 10, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Anand Mathura,
Myah Mathura,
and
50 West Development Llc,
Hunter Roberts Construction Group, L.L.C.,
for Torts - Other Negligence (Premises - Labor Law 240)
in the District Court of New York County.
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(FILED: NEW YORK COUNTY CLERK 0971372017 05:04 PM INDEX NO. 150258/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/13/2017
LBBS #: 26188-875
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ween n nn nen nen ene een e neem nnn nen ne nen!
ANAND MATHURA and MYAH MATHURA,
Index No.: 150258/17
Plaintiffs,
NOTICE OF MOTION
-against-
50 WEST DEVELOPMENT, LLC AND HUNTER
ROBERTS CONSTRUCTION GROUP, L.L.C.,
Defendants.
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eee
PLEASE TAKE NOTICE, that upon the Affirmation of Joshua M. Jemal, dated
September 13, 2017, Good Faith Affirmation, dated September 13, 2017, and all exhibits
attached thereto and upon all prior pleadings and proceedings had herein, Defendants 50 WEST
DEVELOPMENT, LLC and HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C.
(hereinafter collectively referred to as “Defendants”) will move this Court at the Motion Support
Part, Room 130, Supreme Court, County of New York, located at 60 Centre Street, New York,
New York on the 6" day of October, 2017 at 9:30 o’clock in the forenoon of that date or as soon
thereafier as counsel may be heard for an Order:
a) Pursuant to CPLR §3126, dismissing this action based on Plaintiffs’ failure to
provide discovery responses; or
b) Pursuant to CPLR §3124, compelling Plaintiffs to comply with all outstanding
discovery on or before a date certain; or
¢) Pursuant to CPLR §§3042 and 3126, precluding Plaintiffs from offering any
evidence at trial or otherwise on each issue to which outstanding discovery
pertains in the event that Plaintiffs fail to provide all outstanding discovery on or
before a date certain; and
d) For such other and further relief as this Court deems just and proper.
4814-0091-9886.1
1 of 2
INDEX NO. 150258/2017
FILED: NEW YORK COUNTY CLERK 09/13/2017 05:04 PM
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/13/2017
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits if any, must be personally served upon the undersigned at least seven (7) days before
the return date of this motion.
Dated: New York, New York
September 13, 2017
LEWIS BRISBOIS BISGAARD & SMITH LLP
\
\ UA M. JE
oe
ESQ
Attorneys for Defénda ts
50 EST DEVELOP ENT, LLC and
HUNTER ROBERTS CONSTRUCTION
GROUP, L.L.C.
77 Water Street, Suite 2100
New York, New York 10005
(212) 232-1300
TO:
STEFANIDIA & MIRONIS, LLP
31-10 37" Avenue, Suite 303
Long Island City, New York 11101
Attn: Peter Mironis, Esq.
Attorneys for Plaintiff
Tel No. 718-545-5518
4814-0091 -9886.1
2 of 2
Document Filed Date
September 13, 2017
Case Filing Date
January 10, 2017
Category
Torts - Other Negligence (Premises - Labor Law 240)
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(FILED: NEW YORK COUNTY CLERK 0971372017 05:04 PM INDEX NO. 150258/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/13/2017 LBBS #: 26188-875 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ween n nn nen nen ene een e neem nnn nen ne nen! ANAND MATHURA and MYAH MATHURA, Index No.: 150258/17 Plaintiffs, NOTICE OF MOTION -against- 50 WEST DEVELOPMENT, LLC AND HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C., Defendants. saewensuceeneeeeesossecrseceareeresareseemseereeerese eee PLEASE TAKE NOTICE, that upon the Affirmation of Joshua M. Jemal, dated September 13, 2017, Good Faith Affirmation, dated September 13, 2017, and all exhibits attached thereto and upon all prior pleadings and proceedings had herein, Defendants 50 WEST DEVELOPMENT, LLC and HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. (hereinafter collectively referred to as “Defendants”) will move this Court at the Motion Support Part, Room 130, Supreme Court, County of New York, located at 60 Centre Street, New York, New York on the 6" day of October, 2017 at 9:30 o’clock in the forenoon of that date or as soon thereafier as counsel may be heard for an Order: a) Pursuant to CPLR §3126, dismissing this action based on Plaintiffs’ failure to provide discovery responses; or b) Pursuant to CPLR §3124, compelling Plaintiffs to comply with all outstanding discovery on or before a date certain; or ¢) Pursuant to CPLR §§3042 and 3126, precluding Plaintiffs from offering any evidence at trial or otherwise on each issue to which outstanding discovery pertains in the event that Plaintiffs fail to provide all outstanding discovery on or before a date certain; and d) For such other and further relief as this Court deems just and proper. 4814-0091-9886.1 1 of 2 INDEX NO. 150258/2017 FILED: NEW YORK COUNTY CLERK 09/13/2017 05:04 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/13/2017 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits if any, must be personally served upon the undersigned at least seven (7) days before the return date of this motion. Dated: New York, New York September 13, 2017 LEWIS BRISBOIS BISGAARD & SMITH LLP \ \ UA M. JE oe ESQ Attorneys for Defénda ts 50 EST DEVELOP ENT, LLC and HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. 77 Water Street, Suite 2100 New York, New York 10005 (212) 232-1300 TO: STEFANIDIA & MIRONIS, LLP 31-10 37" Avenue, Suite 303 Long Island City, New York 11101 Attn: Peter Mironis, Esq. Attorneys for Plaintiff Tel No. 718-545-5518 4814-0091 -9886.1 2 of 2