Preview
FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------X
DAVID YU
Plaintiff, INDEX # 154851/2018
-against-
AFFIRMATION IN
SUPPORT
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF CORRECTIONS, JOHN AND JANE
DOE(S) #S 1-2, (Correction officers whose names are not
yet known or identified),
Defendants.
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JUSTIN M. ROPER ESQ, an attorney duly admitted to practice of law in the Courts
of the State of New York, affirms as follows under the penalty of perjury:
1. I am the attorney for the Plaintiff herein and, as such, am familiar with the
facts and issues of this case.
2. I respectfully submit this affirmation in support of this Order To Show Cause,
seeking an Order (a) Permitting service of this Order to Show Cause upon the defendant’s
Counsel via regular mail and upon the Plaintiff by Certified Return Receipt Requested Mail
and Regular Mail at her last known address; (b) Relieving the Law offices of Nass, Roper &
Levin, PC as the attorney for the Plaintiff, DAVID YU, (c) Staying the above captioned
action for a period of ninety days and (d) for such other and different relief as to this Court
may deem just and proper.
3. Pursuant to CPLR 2217(b), there has been no prior motion for similar relief.
4. This matter is based upon a March 3rd, 2017, assault on Plaintiff by a
corrections officer, where Plaintiff sustained injuries, including, but not limited to, multiple
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bruises, laceration requiring dermabond to close, abrasions, and pain requiring an X-Ray and
medication. The Plaintiff was not negligent
5. A summons and complaint were filed and served on all named defendants on
or about May 23, 2018. On or about June 19, 2018, an Answer was filed by counsel of
Defendant Zachary W. Carter, Corporation Counsel.
6. 50-H hearings were scheduled for March 22, 2019 and May 22, 2019.
7. On August 1, 2018, a Notice of Entry was entered in the Office of the Clerk.
8. Other than described above, there has been no procedural history to this
matter.
9. This office can no longer continue to represent Plaintiff because Plaintiff,
DAVID YU has stopped communicating with this office. Over the past twelve months this
office has called and left messages numerous times. On January 31, 2019, this office mailed
a letter to Plaintiff’s last known address. Exhibit A. On February 2nd, 2019, Plaintiff called
the firm to provide his new phone number. Since then, the Plaintiff has been unreachable
after multiple attempts and has failed to maintain any form of contact with the firm.
10. To date, the Plaintiff’s phone number is disconnected and no longer active.
11. I respectfully request that the Court enter an Order (a) Permitting service of
this Order to Show Cause upon the defendant’s Counsel via regular mail and upon the
Plaintiff’s last known address by Certified Return Receipt Requested Mail and Regular Mail;
(b) Relieving the law office of Nass, Roper & Levin, PC as the attorney for the Plaintiff
DAVID YU (c) Staying the above captioned action for a period of ninety days subsequent to
the entry of such order and (d) for such other and different relief as this Court may deem just
and proper.
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12. The relief requested herein has not been requested prior to this application and
was neither granted nor denied.
Affirmed hereto,
June 2, 2020.
____________________________
JUSTIN M. ROPER
NASS, ROPER & LEVIN, PC
Attorney for Plaintiff
266 W 37th St., Ste 801
New York, NY 10018
(718) 775-3246
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ATTORNEY'S VERIFICATION
JUSTIN M. ROPER, ESQ., an attorney duly admitted to practice before the Courts of
the State of New York, affirms the following to be true under the penalties of perjury:
I am an attorney and member of NASS, ROPER & LEVIN, P.C., attorneys for Plaintiff,
DAVID YU I have read the annexed AFFIRMATION IN SUPPORT and know the contents
thereof, and the same are true to my knowledge, except those matters therein which are stated
to be alleged upon information and belief, and as to those matters I believe them to be true.
My belief, as to those matters therein not stated upon knowledge, is based upon facts, records,
and other pertinent information contained in my files.
DATED: New York, New York
June 2, 2020.
______________________
JUSTIN M. ROPER, ESQ.
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Index No.: 054851/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAVID YU
Plaintiff,
-against-
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF CORRECTIONS, JOHN AND JANE
DOE(S) #S 1-2, (Correction officers whose names are not
Yet known or identified),
Defendants.
ORDER TO SHOW CAUSE
NASS ROPER & LEVIN LAW, PC
Attorney(s) for Plaintiff
DAVID YU
266 W 37th Street RM 801
New York, NY 10018
(718) 775-3246
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in
the courts of New York State, certifies that, upon information and belief and reasonable
inquiry, the contentions contained in the annexed document are not frivolous.
Signed:_________________________________________________
JUSTIN M. ROPER ESQ.
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NASS ROPER & LEVIN, P.C.
Attorneys at Law
Evan H. Nass, Esq. 266 W 37th Street| Suite801 Heather Stepanek, Esq.
JustinM. Roper, Esq. New York, New York 10018 Of Counsel: Mario A. Vasquez, Esq.
Brad S. Levin, Esq. Tel: (718) 775-3246 Of Counsel: EricM. Sarver, Esq.
Fax: (646) 257-4226
Info@NassRoperLaw.com
Thursday, January 31, 2019
David Yu
1950 Hutchinson River Pkwy, #10K
Bronx NY 10461
Dear Mr. Yu,
We are your attorneys representing you in your personal injury case against the Dept of Correction.
Could you please call us at 718-775-3246 as soon as you receive this letter? Thank you.
Sincerely,
ath _Stepanek
- WWW.NASSROPERLAW.COM -
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Preview
FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X DAVID YU Plaintiff, INDEX # 154851/2018 -against- AFFIRMATION IN SUPPORT THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF CORRECTIONS, JOHN AND JANE DOE(S) #S 1-2, (Correction officers whose names are not yet known or identified), Defendants. ----------------------------------------------------------------x JUSTIN M. ROPER ESQ, an attorney duly admitted to practice of law in the Courts of the State of New York, affirms as follows under the penalty of perjury: 1. I am the attorney for the Plaintiff herein and, as such, am familiar with the facts and issues of this case. 2. I respectfully submit this affirmation in support of this Order To Show Cause, seeking an Order (a) Permitting service of this Order to Show Cause upon the defendant’s Counsel via regular mail and upon the Plaintiff by Certified Return Receipt Requested Mail and Regular Mail at her last known address; (b) Relieving the Law offices of Nass, Roper & Levin, PC as the attorney for the Plaintiff, DAVID YU, (c) Staying the above captioned action for a period of ninety days and (d) for such other and different relief as to this Court may deem just and proper. 3. Pursuant to CPLR 2217(b), there has been no prior motion for similar relief. 4. This matter is based upon a March 3rd, 2017, assault on Plaintiff by a corrections officer, where Plaintiff sustained injuries, including, but not limited to, multiple 1 1 of 6 FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 bruises, laceration requiring dermabond to close, abrasions, and pain requiring an X-Ray and medication. The Plaintiff was not negligent 5. A summons and complaint were filed and served on all named defendants on or about May 23, 2018. On or about June 19, 2018, an Answer was filed by counsel of Defendant Zachary W. Carter, Corporation Counsel. 6. 50-H hearings were scheduled for March 22, 2019 and May 22, 2019. 7. On August 1, 2018, a Notice of Entry was entered in the Office of the Clerk. 8. Other than described above, there has been no procedural history to this matter. 9. This office can no longer continue to represent Plaintiff because Plaintiff, DAVID YU has stopped communicating with this office. Over the past twelve months this office has called and left messages numerous times. On January 31, 2019, this office mailed a letter to Plaintiff’s last known address. Exhibit A. On February 2nd, 2019, Plaintiff called the firm to provide his new phone number. Since then, the Plaintiff has been unreachable after multiple attempts and has failed to maintain any form of contact with the firm. 10. To date, the Plaintiff’s phone number is disconnected and no longer active. 11. I respectfully request that the Court enter an Order (a) Permitting service of this Order to Show Cause upon the defendant’s Counsel via regular mail and upon the Plaintiff’s last known address by Certified Return Receipt Requested Mail and Regular Mail; (b) Relieving the law office of Nass, Roper & Levin, PC as the attorney for the Plaintiff DAVID YU (c) Staying the above captioned action for a period of ninety days subsequent to the entry of such order and (d) for such other and different relief as this Court may deem just and proper. 2 2 of 6 FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 12. The relief requested herein has not been requested prior to this application and was neither granted nor denied. Affirmed hereto, June 2, 2020. ____________________________ JUSTIN M. ROPER NASS, ROPER & LEVIN, PC Attorney for Plaintiff 266 W 37th St., Ste 801 New York, NY 10018 (718) 775-3246 3 3 of 6 FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 ATTORNEY'S VERIFICATION JUSTIN M. ROPER, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney and member of NASS, ROPER & LEVIN, P.C., attorneys for Plaintiff, DAVID YU I have read the annexed AFFIRMATION IN SUPPORT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. DATED: New York, New York June 2, 2020. ______________________ JUSTIN M. ROPER, ESQ. 4 4 of 6 FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 Index No.: 054851/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAVID YU Plaintiff, -against- THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF CORRECTIONS, JOHN AND JANE DOE(S) #S 1-2, (Correction officers whose names are not Yet known or identified), Defendants. ORDER TO SHOW CAUSE NASS ROPER & LEVIN LAW, PC Attorney(s) for Plaintiff DAVID YU 266 W 37th Street RM 801 New York, NY 10018 (718) 775-3246 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Signed:_________________________________________________ JUSTIN M. ROPER ESQ. 5 5 of 6 FILED: NEW YORK COUNTY CLERK 06/02/2020 12:13 PM INDEX NO. 154851/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/02/2020 NASS ROPER & LEVIN, P.C. Attorneys at Law Evan H. Nass, Esq. 266 W 37th Street| Suite801 Heather Stepanek, Esq. JustinM. Roper, Esq. New York, New York 10018 Of Counsel: Mario A. Vasquez, Esq. Brad S. Levin, Esq. Tel: (718) 775-3246 Of Counsel: EricM. Sarver, Esq. Fax: (646) 257-4226 Info@NassRoperLaw.com Thursday, January 31, 2019 David Yu 1950 Hutchinson River Pkwy, #10K Bronx NY 10461 Dear Mr. Yu, We are your attorneys representing you in your personal injury case against the Dept of Correction. Could you please call us at 718-775-3246 as soon as you receive this letter? Thank you. Sincerely, ath _Stepanek - WWW.NASSROPERLAW.COM - 1 6 of 6