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(FILED: NEW YORK COUNTY CLERK 0971372017 05:04 PM INDEX NO. 150258/2017
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/13/2017
LBBS #: 26188-875
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Sere wes een eet aoe ame aE cee ea aE tase peer
ANAND MATHURA and MYAH MATHURA,
Index No.: 150258/17
Plaintiffs,
AFFIRMATION
-against- OF GOOD FAITH
50 WEST DEVELOPMENT, LLC AND HUNTER
ROBERTS CONSTRUCTION GROUP, L.L.C.,
Defendants.
mennnnn nen nnitninitenneonineweNisernansbennabencseicecSes|
JOSHUA M. JEMAL, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms the following to be true under the penalties of perjury:
1 I am a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH
LLP, attorneys for Defendants 50 WEST DEVELOPMENT, LLC and HUNTER ROBERTS
CONSTRUCTION GROUP, L.L.C. (hereinafter collectively referred to as “Defendants”).
2 As such, I am fully familiar with the facts and circumstances as set forth herein
based upon my review of the litigation file on this matter and based upon my participation in the
defense of this litigation.
3 On February 21, 2017, Defendants served Plaintiffs with a Demand for a Verified
Bill of Particulars and Combined Demands. Copies of Defendants’ Demand for a Verified Bill of
Particulars, dated February 21, 2017, and Combined Demands, dated February 21, 2017, are
annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “C.”
4 On March 30, 2017, Defendants wrote to Plaintiffs’ counsel in a good faith
attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith
Correspondence, dated March 30, 2017, is annexed to the Affirmation in Support of Joshua M.
Jemal as Exhibit “D.”
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/13/2017
5 On April 19, 2017, Defendants again wrote to Plaintiffs’ counsel in a good faith
attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith
Correspondence, dated April 19, 2017, is annexed to the Affirmation in Support of Joshua M.
Jemal as Exhibit “E.”
6 On August 1, 2017, Defendants again wrote to Plaintiffs’ counsel in a good faith
attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith
Correspondence, dated August 1, 2017, is annexed to the Affirmation in Support of Joshua M.
Jemal as Exhibit “F.”
7 On August 4, 2017, Plaintiffs’ counsel served correspondence requesting a thirty
(30) extension to provide the outstanding discovery. A copy of Plaintiffs’ Correspondence, dated
August 4, 2017, is annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “G.”
8 To date, despite the extension of time to respond and various good faith
correspondence, Plaintiffs have yet to provide a response to any of the demands served on
Plaintiffs.
9 A good faith effort on behalf of Defendants has been made to resolve the issues
raised in this motion without the intervention of the Court, but to no avail. Defendants have no
other option but to seek judicial intervention and proceed with this motion.
10. No prior application has been for the relief requested herein.
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Dated: New York, New York
September 13, 2017 \
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(FILED: NEW YORK COUNTY CLERK 0971372017 05:04 PM INDEX NO. 150258/2017 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/13/2017 LBBS #: 26188-875 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Sere wes een eet aoe ame aE cee ea aE tase peer ANAND MATHURA and MYAH MATHURA, Index No.: 150258/17 Plaintiffs, AFFIRMATION -against- OF GOOD FAITH 50 WEST DEVELOPMENT, LLC AND HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C., Defendants. mennnnn nen nnitninitenneonineweNisernansbennabencseicecSes| JOSHUA M. JEMAL, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1 I am a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP, attorneys for Defendants 50 WEST DEVELOPMENT, LLC and HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. (hereinafter collectively referred to as “Defendants”). 2 As such, I am fully familiar with the facts and circumstances as set forth herein based upon my review of the litigation file on this matter and based upon my participation in the defense of this litigation. 3 On February 21, 2017, Defendants served Plaintiffs with a Demand for a Verified Bill of Particulars and Combined Demands. Copies of Defendants’ Demand for a Verified Bill of Particulars, dated February 21, 2017, and Combined Demands, dated February 21, 2017, are annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “C.” 4 On March 30, 2017, Defendants wrote to Plaintiffs’ counsel in a good faith attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith Correspondence, dated March 30, 2017, is annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “D.” 4814-0091 -9886.1 1 of 2 INDEX NO. 150258/2017 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/13/2017 5 On April 19, 2017, Defendants again wrote to Plaintiffs’ counsel in a good faith attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith Correspondence, dated April 19, 2017, is annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “E.” 6 On August 1, 2017, Defendants again wrote to Plaintiffs’ counsel in a good faith attempt to obtain outstanding discovery, but to no avail. A copy of Defendants’ Good Faith Correspondence, dated August 1, 2017, is annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “F.” 7 On August 4, 2017, Plaintiffs’ counsel served correspondence requesting a thirty (30) extension to provide the outstanding discovery. A copy of Plaintiffs’ Correspondence, dated August 4, 2017, is annexed to the Affirmation in Support of Joshua M. Jemal as Exhibit “G.” 8 To date, despite the extension of time to respond and various good faith correspondence, Plaintiffs have yet to provide a response to any of the demands served on Plaintiffs. 9 A good faith effort on behalf of Defendants has been made to resolve the issues raised in this motion without the intervention of the Court, but to no avail. Defendants have no other option but to seek judicial intervention and proceed with this motion. 10. No prior application has been for the relief requested herein. \ Dated: New York, New York September 13, 2017 \ N 4814-0091 -9886.1 2 of 2