Preview
INDEX NO. 160118/2016
FILED: NEW YORK COUNTY CLERK 01/11/2017 12:46 PM
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 01/11/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JANICE BERGER,
NOTICE OF
Plaintiff, MOTION
-against- Index No.: 160118/2016
CITY OF NEW YORK, THE DURST
ORGANIZATION, LP, GE 57™ STREET
NORTH HOLDINGS LLC, THE HELENA
ASSOCIATES LLC and EE 57™ STREET
NORTH HOLDING LLC,
Defendants.
x
PLEASE TAKE NOTICE, that upon the annexed affirmation of SACKS DAVID
OLARSCH, duly affirmed on January 10, 2017, together with the exhibits annexed thereto,
and upon all the pleadings and proceedings heretofore had herein, the undersigned will
move this Court at the Motion Support Courtroom, Room 130, at the Supreme Court, New
York County, located at 60 Centre Street, New York, NY 10007, on February 7, 2017, at 9:30
AM, or as soon thereafter as counsel can be heard for an Order:
1 granting a special preference and expedited discovery to the plaintiff,
pursuant to CPLR 3403 and Section 202.24 of the Uniform Rules of the Trial
Courts,
2, and for such other and further relief as this Court deems just and proper.
This personal injury action arises from a trip and fall accident.
1 of 3
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be
served upon the undersigned within seven (7) days prior to the return date of the within
application.
Dated: New York, New York
January 11, 2017
SACKS DAVID OLARSCH
LAW OFFICES OF S. DAVID OLARSCH, P.C.
Attorney for Plaintiff
160 Broadway - Suite 500
New York, New York 10038
(212) 267-7565
TO: New York City Law Department
Office of the Corporation Counsel
Attorney for defendant-CITY OF NEW YORK
100 Church Street, 4" FL.
New York, New York 10007
(212)356-2791
Law Dept. #: 2016-051745
Fabiani, Cohen & Hall, LLP
Attorney for Defendants
THE DURST ORGANIZATION, LP,
GE 57™ STREET NORTH HOLDINGS
LLC, THE HELENA ASSOCIATES LLC
and EE 57™ STREET NORTH HOLDING LLC
570 Lexington Avenue
New York, N.Y. 10022
(212)644-4420
Fax (212)207-8182
2 of 3
Index No.: 160118/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JANICE BERGER,
Plaintiff,
-against-
CITY OF NEW YORK, THE DURST
ORGANIZATION, LP, GE 57™ STREET
NORTH HOLDINGS LLC, THE HELENA
ASSOCIATES LLC and EE 57™ STREET
NORTH HOLDING LLC,
Def endants.
NOTICE OF MOTION, AFFIRMATION & EXHIBITS
LAW OFFICES OF S. DAVID OLARSCH, P.C.
Attorneys for Plaintiff (s)
160 Broadway - Suite 500
New York, New York 10038
(212) 267-7565
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice
in the courts of the State of New York, certifies that, upon information and
belief and after reasonable inquiry, the contentions contained in the annexed
san aCe in
document are not frivolous.
Dated: January 11, 2017
SO. \)
SACKS DAVID OLARSCH
Service of a copy of the within is hereby admitted.
Dated:
weet een eee meter eter eens
Attorney(s) for
3 of 3
Preview
INDEX NO. 160118/2016 FILED: NEW YORK COUNTY CLERK 01/11/2017 12:46 PM NYSCEF DOC. NO. 11 RECEIVED NYSCEF 01/11/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JANICE BERGER, NOTICE OF Plaintiff, MOTION -against- Index No.: 160118/2016 CITY OF NEW YORK, THE DURST ORGANIZATION, LP, GE 57™ STREET NORTH HOLDINGS LLC, THE HELENA ASSOCIATES LLC and EE 57™ STREET NORTH HOLDING LLC, Defendants. x PLEASE TAKE NOTICE, that upon the annexed affirmation of SACKS DAVID OLARSCH, duly affirmed on January 10, 2017, together with the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Motion Support Courtroom, Room 130, at the Supreme Court, New York County, located at 60 Centre Street, New York, NY 10007, on February 7, 2017, at 9:30 AM, or as soon thereafter as counsel can be heard for an Order: 1 granting a special preference and expedited discovery to the plaintiff, pursuant to CPLR 3403 and Section 202.24 of the Uniform Rules of the Trial Courts, 2, and for such other and further relief as this Court deems just and proper. This personal injury action arises from a trip and fall accident. 1 of 3 PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served upon the undersigned within seven (7) days prior to the return date of the within application. Dated: New York, New York January 11, 2017 SACKS DAVID OLARSCH LAW OFFICES OF S. DAVID OLARSCH, P.C. Attorney for Plaintiff 160 Broadway - Suite 500 New York, New York 10038 (212) 267-7565 TO: New York City Law Department Office of the Corporation Counsel Attorney for defendant-CITY OF NEW YORK 100 Church Street, 4" FL. New York, New York 10007 (212)356-2791 Law Dept. #: 2016-051745 Fabiani, Cohen & Hall, LLP Attorney for Defendants THE DURST ORGANIZATION, LP, GE 57™ STREET NORTH HOLDINGS LLC, THE HELENA ASSOCIATES LLC and EE 57™ STREET NORTH HOLDING LLC 570 Lexington Avenue New York, N.Y. 10022 (212)644-4420 Fax (212)207-8182 2 of 3 Index No.: 160118/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JANICE BERGER, Plaintiff, -against- CITY OF NEW YORK, THE DURST ORGANIZATION, LP, GE 57™ STREET NORTH HOLDINGS LLC, THE HELENA ASSOCIATES LLC and EE 57™ STREET NORTH HOLDING LLC, Def endants. NOTICE OF MOTION, AFFIRMATION & EXHIBITS LAW OFFICES OF S. DAVID OLARSCH, P.C. Attorneys for Plaintiff (s) 160 Broadway - Suite 500 New York, New York 10038 (212) 267-7565 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of the State of New York, certifies that, upon information and belief and after reasonable inquiry, the contentions contained in the annexed san aCe in document are not frivolous. Dated: January 11, 2017 SO. \) SACKS DAVID OLARSCH Service of a copy of the within is hereby admitted. Dated: weet een eee meter eter eens Attorney(s) for 3 of 3