Preview
FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021
Calendar No. NOTE OF ISSUE For use of clerk
Index No.: 157393/2019
SUPREME COURT OF THE STATE OF Hon. Shlomo Hagler
NEW YORK : COUNTY OF NEW YORK Name of Judge Assigned
JESUS GERMAN,, NOTICE FOR TRIAL
X Trial by jury demanded
Plaintiffs,
-against- X Of all issues
 Of issues specified below
or attached hereto
 Trial without jury
-against
Filed by attorney for plaintiff
333 RECTOR GARAGE, LLC, BOARD OF Date summons served 7/2919
MANAGERS OF 1 RECTOR PARK Date service completed 8/22/19
CONDOMINIUM, and MILFORD Date issue joined 9/9/19
MANAGEMENT CORP.,
Defendant(s).
----------------------------------------------------XNATURE OF ACTION OR SPECIAL PROCEEDING
 Tort:  Motor vehicle negligence
 Medical malpractice
X Other tort
 Contract
 Contested matrimonial
 Uncontested matrimonial
 Tax certiorari
 Condemnation
 Other (not itemized above) specify
 This action is brought as a class action
 This is a medical malpractice action: panel
procedures prescribed by court rules pursuant to Jud. § 148-a.
 have been completed
 have not been completed
Amount demanded - Fair and reasonable compensation
Other relief - Costs and disbursements
Special preference claimed under the rules governing calendar practice on the ground that plaintiff sustained a serious injury
resulting in permanent or protracted disability.
Insurance carrier(s), if known: ; Unknown
HACH & ROSE, LLP Eustace Prezioso & Yapchanyk
Attorney(s) for Plaintiff
112 Madison Avenue, 10th Floor Attorneys for Defendant
New York, NY 10016 Milford Management Corp.
(212)-779-0028 55 Water Street, 28th Floor
New York, NY 10041
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
Attorneys for Defendant
Smith Mazure Director Wilkins Young &
1 RECTOR PARK CONDOMINIUM
Yagerman, P.C
150 East 42nd Street
Attorneys for Defendant
New York, New York 10017-5639
333 Rector Garage, LLC
Tel.: (212) 490-3000
111 John Street
New York, NY 10038
NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice
action, unless, where applicable, the certificate of readiness previously has been filed and the panel procedures prescribed y court
rules pursuant to § 148-a of the Judiciary Law have been completed.
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FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021
For Clerk's Use
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-7 must be checked)
N.I. served on
Completed Waived Not required
1. All pleadings served X
2. Bill of Particulars served X
3. Physical examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the Rules in matrimonial actions X
(22NYCRR 202.16)
7. Discovery proceedings now know to be necessary X
completed
8. There are no outstanding requests for discovery.*
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56.
12. The case is ready for trial.
* None of the defendants have appeared for Examinations Before Trial.
Dated: March 1, 2021
______
HACH & ROSE, LLP
Attorney(s) for Plaintiff
BY: GEORGE W. ILCHERT
112 Madison Avenue, 10th Floor
New York, NY 10016
212-779-0028
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FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
JESUS GERMAN, Index No. 157393/2019
Plaintiff,
-against- ATTORNEYS
AFFIRMATION
333 RECTOR GARAGE, LLC, BOARD OF MANAGERS
OF 1 RECTOR PARK CONDOMINIUM, and MILFORD
MANAGEMENT CORP.,
Defendants.
---------------------------------------------------------------------X
GEORGE W. ILCHERT, under the penalties of perjury, makes the following affirmation:
1. I am an attorney at law, duly licensed to practice in the State of New York, a member in the
firm of Hach & Rose, LLP, the attorneys for the plaintiff herein, and I am fully familiar with the facts and
circumstances of the within matter.
2. This is an action to recover damages for serious personal injuries sustained by the plaintiff,
JESUS GERMAN, by reason of defendants’ negligence.
3. On September 11, 2020, a Compliance Conference was held before Honorable Shlomo
Hagler. A copy Justice Hagler’s Order is annexed hereto. Plaintiff has complied with all directives of
said Order and this case is now ready to be placed on the Trial Calendar. None of the defendants have
appeared for Examinations Before Trial and they have refused to complete a Compliance Conference
Order.
WHEREFORE, it is respectfully requested that the within matter be placed on the Trial Calendar
forthwith.
Dated: New York, New York
March 1, 2021
_________________________________
GEORGE W. ILCHERT
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NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021
STATE OF NEW YORK }
} ss.
COUNTY OF NEW YORK }
says. is
Dania Wahiman, duly sworn, deposes and deponent is not a party to the action,
over 18 years of age, and resides in New York County, NY.
On March 1, 2021, deponent served the within NOTE OF ISSUE, CERTIFICATE OF
READINESS, and ATTORNEY'S AFFIRMATION on:
Eustace Prezioso & Yapchanyk
Attorneys for Defendant
Milford Management Corp.
55 Water Street, 28th Floor
New York, NY 10041
Email: vach.vivacharawongse@eustacelaw.com
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Attorneys for Defendant
1 RECTOR PARK CONDOMINIUM
150 East 42nd Street
New York, New York 10017-5639
Tel.: (212) 490-3000
File No.: 16270.00489
Email: alex.cohen@wilsonelser.com
Smith Mazure Director Wilkins Young & Yagerman, P.C
Attorneys for Defendant
333 Rector Garage, LLC
111 John Street
New York, NY 10038
EmaiL mmarkoff@smithmarnre.com
Said address(es) designated by said attorney(s) for the purpose a true of same
by depositing copy
enclosed in a post paid propedy addressed wrapper in an official depository under the exclusive
care and custody of the United States Postal Service within the State of New York.
Dania Waldman
Sworn to before me this 1stday of March, 2021.
Notary Public
SAMANTHA CABRAL
PUBLIC-STATE OF NEW YORK
NOTARY
No. 01CA6375994
Qualified in New York County
Commission Expires 06-04-2022
My
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FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021
______________________ ______________________________. __
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________________ ___________ .----
JESUS GERMAN,
Plaintiff(s),
-against-
333 RECTOR GARAGE, LLC, BOARD OF MANAGERS OF 1 RECTOR PARK
CONDOMINIUM, and MILFORD MANAGEMENT CORP.,
Defendant(s).
____------------________
____ __________ _________-- _____________
NOTE OF ISSUE
______ --- _____________________________________.
____________________________________ __________________
___ ________ ______________________
___ ___________ __________________________
HACH & ROSE, LLP
Attorneys for Plaintiff(s)
JESUS GERMAN
112 Madison 10th
Avenue, ROOr
New York, NY 10016
Tel. (212) 779-0057
Fax. (212) 779-0028
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Preview
FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021 Calendar No. NOTE OF ISSUE For use of clerk Index No.: 157393/2019 SUPREME COURT OF THE STATE OF Hon. Shlomo Hagler NEW YORK : COUNTY OF NEW YORK Name of Judge Assigned JESUS GERMAN,, NOTICE FOR TRIAL X Trial by jury demanded Plaintiffs, -against- X Of all issues  Of issues specified below or attached hereto  Trial without jury -against Filed by attorney for plaintiff 333 RECTOR GARAGE, LLC, BOARD OF Date summons served 7/2919 MANAGERS OF 1 RECTOR PARK Date service completed 8/22/19 CONDOMINIUM, and MILFORD Date issue joined 9/9/19 MANAGEMENT CORP., Defendant(s). ----------------------------------------------------XNATURE OF ACTION OR SPECIAL PROCEEDING  Tort:  Motor vehicle negligence  Medical malpractice X Other tort  Contract  Contested matrimonial  Uncontested matrimonial  Tax certiorari  Condemnation  Other (not itemized above) specify  This action is brought as a class action  This is a medical malpractice action: panel procedures prescribed by court rules pursuant to Jud. § 148-a.  have been completed  have not been completed Amount demanded - Fair and reasonable compensation Other relief - Costs and disbursements Special preference claimed under the rules governing calendar practice on the ground that plaintiff sustained a serious injury resulting in permanent or protracted disability. Insurance carrier(s), if known: ; Unknown HACH & ROSE, LLP Eustace Prezioso & Yapchanyk Attorney(s) for Plaintiff 112 Madison Avenue, 10th Floor Attorneys for Defendant New York, NY 10016 Milford Management Corp. (212)-779-0028 55 Water Street, 28th Floor New York, NY 10041 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP Attorneys for Defendant Smith Mazure Director Wilkins Young & 1 RECTOR PARK CONDOMINIUM Yagerman, P.C 150 East 42nd Street Attorneys for Defendant New York, New York 10017-5639 333 Rector Garage, LLC Tel.: (212) 490-3000 111 John Street New York, NY 10038 NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate of readiness previously has been filed and the panel procedures prescribed y court rules pursuant to § 148-a of the Judiciary Law have been completed. 1 of 5 FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021 For Clerk's Use CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 must be checked) N.I. served on Completed Waived Not required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules in matrimonial actions X (22NYCRR 202.16) 7. Discovery proceedings now know to be necessary X completed 8. There are no outstanding requests for discovery.* 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for trial. * None of the defendants have appeared for Examinations Before Trial. Dated: March 1, 2021 ______ HACH & ROSE, LLP Attorney(s) for Plaintiff BY: GEORGE W. ILCHERT 112 Madison Avenue, 10th Floor New York, NY 10016 212-779-0028 2 of 5 FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X JESUS GERMAN, Index No. 157393/2019 Plaintiff, -against- ATTORNEYS AFFIRMATION 333 RECTOR GARAGE, LLC, BOARD OF MANAGERS OF 1 RECTOR PARK CONDOMINIUM, and MILFORD MANAGEMENT CORP., Defendants. ---------------------------------------------------------------------X GEORGE W. ILCHERT, under the penalties of perjury, makes the following affirmation: 1. I am an attorney at law, duly licensed to practice in the State of New York, a member in the firm of Hach & Rose, LLP, the attorneys for the plaintiff herein, and I am fully familiar with the facts and circumstances of the within matter. 2. This is an action to recover damages for serious personal injuries sustained by the plaintiff, JESUS GERMAN, by reason of defendants’ negligence. 3. On September 11, 2020, a Compliance Conference was held before Honorable Shlomo Hagler. A copy Justice Hagler’s Order is annexed hereto. Plaintiff has complied with all directives of said Order and this case is now ready to be placed on the Trial Calendar. None of the defendants have appeared for Examinations Before Trial and they have refused to complete a Compliance Conference Order. WHEREFORE, it is respectfully requested that the within matter be placed on the Trial Calendar forthwith. Dated: New York, New York March 1, 2021 _________________________________ GEORGE W. ILCHERT 3 of 5 FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021 STATE OF NEW YORK } } ss. COUNTY OF NEW YORK } says. is Dania Wahiman, duly sworn, deposes and deponent is not a party to the action, over 18 years of age, and resides in New York County, NY. On March 1, 2021, deponent served the within NOTE OF ISSUE, CERTIFICATE OF READINESS, and ATTORNEY'S AFFIRMATION on: Eustace Prezioso & Yapchanyk Attorneys for Defendant Milford Management Corp. 55 Water Street, 28th Floor New York, NY 10041 Email: vach.vivacharawongse@eustacelaw.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys for Defendant 1 RECTOR PARK CONDOMINIUM 150 East 42nd Street New York, New York 10017-5639 Tel.: (212) 490-3000 File No.: 16270.00489 Email: alex.cohen@wilsonelser.com Smith Mazure Director Wilkins Young & Yagerman, P.C Attorneys for Defendant 333 Rector Garage, LLC 111 John Street New York, NY 10038 EmaiL mmarkoff@smithmarnre.com Said address(es) designated by said attorney(s) for the purpose a true of same by depositing copy enclosed in a post paid propedy addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Dania Waldman Sworn to before me this 1stday of March, 2021. Notary Public SAMANTHA CABRAL PUBLIC-STATE OF NEW YORK NOTARY No. 01CA6375994 Qualified in New York County Commission Expires 06-04-2022 My 4 of 5 FILED: NEW YORK COUNTY CLERK 03/01/2021 12:57 PM INDEX NO. 157393/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/01/2021 ______________________ ______________________________. __ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________________ ___________ .---- JESUS GERMAN, Plaintiff(s), -against- 333 RECTOR GARAGE, LLC, BOARD OF MANAGERS OF 1 RECTOR PARK CONDOMINIUM, and MILFORD MANAGEMENT CORP., Defendant(s). ____------------________ ____ __________ _________-- _____________ NOTE OF ISSUE ______ --- _____________________________________. ____________________________________ __________________ ___ ________ ______________________ ___ ___________ __________________________ HACH & ROSE, LLP Attorneys for Plaintiff(s) JESUS GERMAN 112 Madison 10th Avenue, ROOr New York, NY 10016 Tel. (212) 779-0057 Fax. (212) 779-0028 5 of 5