Motion-Secondary: Jesus German v. 333 Rector Garage, Llc,, Board Of Managers Of 1 Rector Park Condominium,, Milford Management Corp.

• 
• 
• 
• 

						
                                
Preview
                                FILED:         NEW     YORK       COUNTY        CLERK        03/09/2021             03:20        PM                 INDEX    NO.   157393/2019
   NYSCEF     DOC.   NO.   34                                                                                 RECEIVED      NYSCEF:     03/09/2021
         SUPREME COURT OF THE STATE OF NEW YORK
         COUNTY OF NEW YORK
         -----------------------------------------------------------------------x       Index No.:    157393/2019
         JESUS GERMAN                                                                   (ECF)

                                             Plaintiff,

                           v.                                                                 AFFIRMATION IN
                                                                                                    SUPPORT
         333 RECTOR GARAGE, LLC, BROAD OF MANAGERS OF
         1 RECTOR PARK CONDOMINIUM AND MILFORD
         MANAGEMENT CORP.,

                                             Defendant,
         ----------------------------------------------------------------------x

             Vach Vivacharawongse, an attorney duly admitted to practice law in the Courts of the State of New York,

         affirms the following under the penalties of perjury pursuant to CPLR §2106:

          1.      I am associated with the firm of EUSTACE, PREZIOSO & YAPCHANYK, attorneys for the

         Defendant, Milford Management Corp.

         2.       I am familiar with all of the pleadings and proceedings in this matter and I make this affirmation in

         support of the within motion for an Order Vacating Plaintiff’s Note of Issue and for such other relief as the

         Court may deem just and proper.

         3.       This is an action for personal injury where Plaintiff,          alleges that on February 2, 2018, he sustained

         personal injuries as a result of a trip and fall in the insured’s garage locate at 1 Rector Park.              Plaintiff is

         employed by Select Garage, LLC and the incident took place during the course of his employment.

         4.       This action was commenced against Defendant, Milford Management Corp., by service of a Summons

         and Complaint on or about August 1, 2019. (Exhibit A).                Issue was joined by service of Defendant’s Verified

         Answer on September 9, 2019. Said Answer package included a Demand for a Bill of Particulars and Combined

         Discovery Demands. (Exhibit B).

         5.       On March 1, 2021, Plaintiff filed Note of Issue in this matter, thereby placing this matter on the Court’s

         trial calendar (Exhibit C).

         6.       Your affirmant submits that filing of said Note of Issue is premature as depositions have yet to be

         completed in this matter.


                                                                        1  of   2
   FILED:         NEW     YORK       COUNTY        CLERK        03/09/2021             03:20        PM                 INDEX    NO.   157393/2019
   NYSCEF     DOC.   NO.   34                                                                                 RECEIVED      NYSCEF:     03/09/2021
         7.       Significantly, all Defendants’ depositions are currently outstanding in this matter.

         8.       Reference is made to this Court’s Compliance Conference Order dated September 11, 2020, wherein

         discovery deadlines were established. Specifically, All Defendants’ depositions were directed to be held

         September 18, 2020, September 23, 2020, and October 8, 2020 respectively (Exhibit D). Said deposition dates

         could not be complied with as a result of scheduling issues with the parties involved.

         9.       In light of the aforementioned outstanding discovery, it is clear that this matter is not ready to be placed

         on this Court’s trial calendar and Plaintiff’s Note of Issue should be vacated.

         10.      Based upon the above recitations it is respectfully requested that the Court issue an Order vacating the

         Plaintiff’s Note of Issue and for such other and further relief as this Court deems just and proper.

             WHEREFORE, it is respectfully requested that the Court issue an Order vacating Plaintiff’s Note of Issue

         and for such other and further relief as this Court deems just and proper.


         DATED:       March 9, 2021
                New York, New York




                                                                        _____________________________
                                                                        Vach Vivacharawongse




                                                                        2  of   2