Preview
FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X
ROSA PERALTA, Index No.: 155016/2018
Plaintiff,
-against- NOTICE OF MOTION
P & M CLASSIC PIZZA & RESTAURANT INC.,
AW HOLDING L.P., THE CITY OF NEW YORK,
NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, and NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION,
Defendants.
____ _--------_ ____------------------------ --X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of ELENI M. HATZIS,
duly affirmed on the 21st day of March, 2019 and upon all the prior pleadings and proceedings
heretofore had herein, the undersigned will move this Court at the Motion Support Office, Room
130 at the Courthouse located at 60 Centre Street, New York, New York 10007 on the 22nd day
of April, 2019, at 9:30 o'clock, in the forenoon of that day, or as soon thereafter as counsel can be
heard, for an Order pursuant to CPLR § 3126, striking plaintiff's Complaint for failure to comply
with the defendant's Demand for a Verified Bill of Particulars, Combined Discovery Demands,
Demand for Medicare/Medicaid Information, Request for Supplemental Demand Pursuant to
3017(C), Demand for Freedom of Information Act Request and Demand for Similar Injuries and
Lawsuits. Alternatively, defendant seeks an Order precluding plaintiff from offering evidence
regarding the requested discovery at trial or an Order compelling plaintiff to comply with
defendant's discovery demands and provide a Verified Bill of Particulars and responses to
defendant's Combined Discovery Demands, Demand for Medicare/Medicaid Information,
Request for Supplemental Demand Pursuant to 3017(C), Demand for Freedom of Information Act
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FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019
Request and Demand for Similar Injuries and Lawsuits, and for such other and further relief as
may be just, proper and equitable.
An Affirmation that a good faith effort has been made to resolve the issues raised in this
motion is annexed hereto.
Pursuant to 22 NYCRR 130.1.1(a), the undersigned, an attorney admitted to practice in the
Courts of New York State, certifies that, to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of this document or
the contentions contained therein are not frivolous.
PLEASE TAKE FURTHER NOTICE, that answering Affidavits, if any, are required to
be served upon the undersigned at least seven (7) days prior to the return date of this motion
pursuant to CPLR 2214(b).
Dated: New York, New York
March 21, 2019
Yours, etc.,
McMANUS ATESHOGLOU
AIELLO & APOSTOLAKOS PLLC
By: Ê,
ELENI
00, L
M.
mh
HATZIS
Attorneys for Defendant
P & M CLASSIC PIZZA
& RESTAURANT INC.
25th
48 Wall Street, FlOOr
New York, New York 10005
(212) 425-3100
File No.: UFIC21996
TO: GUERRERO & ROSENGARTEN
Attorneys for Plaintiff
ROSA PERALTA
7th 7th
363 Avenue, FlOOr
New York, New York 10001
(212) 533-2606
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FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019
Zachary W. Carter, Esq.
Corporation Counsel
THE CITY OF NEW YORK,
THE CITY OF NEW YORK s/h/a
NEW YORK CITY DEPARTMENT
OF TRANSPORTATION, THE CITY
OF NEW YORK s/h/a NEW YORK
CITY DEPARTMENT OF PARKS AND
RECREATION
100 Church Street
New York, New York 10007
AW HOLDING L.P.
1220 Lexington Avenue, #2E
New York, New York 10028
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FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 155016/2018
COUNTY OF NEW YORK
ROSA PERALTA,
Plaintiff,
-against-
P & M CLASSIC PIZZA & RESTAURANT INC.,
AW HOLDING L.P., THE CITY OF NEW YORK,
NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, and NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION,
Defendants.
NOTICE OF MOTION, AFFIRMATION OF GOOD FAITH, AFFIRMATION IN
SUPPORT AND REQUEST FOR JUDICIAL INTERVENTION
McMANUS ATESHOGLOU AIELLO & APOSTOLAKOS, PLLC
Attorneys for Defendant
P & M CLASSIC PIZZA & RESTAURANT INC.
48 Wall Street, 25th Floor
New York, New York 10005
(212) 425-3100
Fax: (212) 425-3175
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X ROSA PERALTA, Index No.: 155016/2018 Plaintiff, -against- NOTICE OF MOTION P & M CLASSIC PIZZA & RESTAURANT INC., AW HOLDING L.P., THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Defendants. ____ _--------_ ____------------------------ --X PLEASE TAKE NOTICE, that upon the annexed Affirmation of ELENI M. HATZIS, duly affirmed on the 21st day of March, 2019 and upon all the prior pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Support Office, Room 130 at the Courthouse located at 60 Centre Street, New York, New York 10007 on the 22nd day of April, 2019, at 9:30 o'clock, in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR § 3126, striking plaintiff's Complaint for failure to comply with the defendant's Demand for a Verified Bill of Particulars, Combined Discovery Demands, Demand for Medicare/Medicaid Information, Request for Supplemental Demand Pursuant to 3017(C), Demand for Freedom of Information Act Request and Demand for Similar Injuries and Lawsuits. Alternatively, defendant seeks an Order precluding plaintiff from offering evidence regarding the requested discovery at trial or an Order compelling plaintiff to comply with defendant's discovery demands and provide a Verified Bill of Particulars and responses to defendant's Combined Discovery Demands, Demand for Medicare/Medicaid Information, Request for Supplemental Demand Pursuant to 3017(C), Demand for Freedom of Information Act 1 of 4 FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019 Request and Demand for Similar Injuries and Lawsuits, and for such other and further relief as may be just, proper and equitable. An Affirmation that a good faith effort has been made to resolve the issues raised in this motion is annexed hereto. Pursuant to 22 NYCRR 130.1.1(a), the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this document or the contentions contained therein are not frivolous. PLEASE TAKE FURTHER NOTICE, that answering Affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion pursuant to CPLR 2214(b). Dated: New York, New York March 21, 2019 Yours, etc., McMANUS ATESHOGLOU AIELLO & APOSTOLAKOS PLLC By: Ê, ELENI 00, L M. mh HATZIS Attorneys for Defendant P & M CLASSIC PIZZA & RESTAURANT INC. 25th 48 Wall Street, FlOOr New York, New York 10005 (212) 425-3100 File No.: UFIC21996 TO: GUERRERO & ROSENGARTEN Attorneys for Plaintiff ROSA PERALTA 7th 7th 363 Avenue, FlOOr New York, New York 10001 (212) 533-2606 2 of 4 FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019 Zachary W. Carter, Esq. Corporation Counsel THE CITY OF NEW YORK, THE CITY OF NEW YORK s/h/a NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE CITY OF NEW YORK s/h/a NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION 100 Church Street New York, New York 10007 AW HOLDING L.P. 1220 Lexington Avenue, #2E New York, New York 10028 3 of 4 FILED: NEW YORK COUNTY CLERK 03/21/2019 09:09 AM INDEX NO. 155016/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/21/2019 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. 155016/2018 COUNTY OF NEW YORK ROSA PERALTA, Plaintiff, -against- P & M CLASSIC PIZZA & RESTAURANT INC., AW HOLDING L.P., THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Defendants. NOTICE OF MOTION, AFFIRMATION OF GOOD FAITH, AFFIRMATION IN SUPPORT AND REQUEST FOR JUDICIAL INTERVENTION McMANUS ATESHOGLOU AIELLO & APOSTOLAKOS, PLLC Attorneys for Defendant P & M CLASSIC PIZZA & RESTAURANT INC. 48 Wall Street, 25th Floor New York, New York 10005 (212) 425-3100 Fax: (212) 425-3175 4 of 4