Preview
FILED: NEW YORK COUNTY CLERK 06/18/2018 06:17 PM INDEX NO. 160118/2016
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 06/18/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
JANICE BERGER,
Index No. 160118/2016
Plaintiff,
-against- NOTICE OF MOTION
CITY OF NEW YORK, THE DURST ORGANIZATION,
57™
LP, GE 57 STREET NORTH HOLDINGS LLC, THE
57™
HELENA ASSOCIATES LLC, EE 57 STREET NORTH
HOLDINGS LLC and HELLMAN ELECTRIC CORP.,
Defendants,
____________________________________________________________ _--------X
PLEASE TAKE NOTICE, that upon the annexed affirmation of COURTNEY B.
18th
FELDMAN, dated the day of June, 2018, and upon all the pleadings and proceedings
heretofore had herein, the defendants, THE DURST ORGANIZATION L.P. i/s/h/a THE
("DURST" 57™
DURST ORGANIZATION, LP ("DURST"), GE 57 STREET NORTH HOLDINGS LLC
57™ 57™
("GE 57 STREET"), THE HELENA ASSOCIATES LLC ("THE HELENA") and EE 57
57™
STREET NORTH HOLDINGS LLC ("EE 57 STREET"), will move this Court at the Motion
Support Office, Room 130, at the Courthouse located at 60 Centre Street, New York, New York
20th o'
on the day of July, 2018 at 9:30 clock in the forenoon of that day, or as soon thereafter as
counsel can be heard, for an Order:
1. Pursuant to §202.21(e) of the Uniform Rules of Court, vacating plaintiff's Note of
Issue and Certificate of Readiness, as discovery in this case is incomplete; or in the alternative;
2. Precluding plaintiff from offering at the time of trial evidence as to matters of
which particulars and discovery have been sought but not provided; or in the alternative;
3. Compelling plaintiff to provide the items demanded in defendant's discovery
demands dated March 22, 2018 and May 1, 2018; and compelling Hellman Electric Corp. to
respond to the demands that were made for various records at its deposition of May 8, 2018.
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FILED: NEW YORK COUNTY CLERK 06/18/2018 06:17 PM INDEX NO. 160118/2016
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 06/18/2018
4. Staying the trialof this matter until after completion of all discovery; and
5. Granting such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b) and 2215,
answering affidavits and cross-motions must be served upon the undersigned at least seven (7)
days prior to the return date of this motion.
Dated: New York, New York
June 18, 2018
Yours, etc.,
FABIANI COHEN & HALL LLP
.Courtn
Courtn B. an
orneys for Defendants
THE DURST ORGANIZATION L.P, GE 57TH
STREET NORTH HOLDINGS LLC, THE
HELENA ASSOCIATES LLC and EE 57TH
STREET NORTH HOLDINGS LLC
4th
570 Lexington Avenue, FlOOr
New York, New York 10022
(212) 644-4420
TO: LAW OFFICES OF S. DAVID OLARSCH, PC
Attorneys for Plaintiff
JANICE BERGER
160 Broadway, Suite 500
New York, New York 10038
(212) 267-7565
ZACHARY W. CARTER
Corporation Counsel
THE CITY OF NEW YORK
4th
100 Church Street, FlOOr
New York, New York 10007
(212) 356-2791
AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Defendant
HELLMAN ELECTRIC CORP.
16th
199 Water Street, FlOOr
New York, New York 10038
(646) 536-5760
[1454577/2]
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Preview
FILED: NEW YORK COUNTY CLERK 06/18/2018 06:17 PM INDEX NO. 160118/2016 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 06/18/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X JANICE BERGER, Index No. 160118/2016 Plaintiff, -against- NOTICE OF MOTION CITY OF NEW YORK, THE DURST ORGANIZATION, 57™ LP, GE 57 STREET NORTH HOLDINGS LLC, THE 57™ HELENA ASSOCIATES LLC, EE 57 STREET NORTH HOLDINGS LLC and HELLMAN ELECTRIC CORP., Defendants, ____________________________________________________________ _--------X PLEASE TAKE NOTICE, that upon the annexed affirmation of COURTNEY B. 18th FELDMAN, dated the day of June, 2018, and upon all the pleadings and proceedings heretofore had herein, the defendants, THE DURST ORGANIZATION L.P. i/s/h/a THE ("DURST" 57™ DURST ORGANIZATION, LP ("DURST"), GE 57 STREET NORTH HOLDINGS LLC 57™ 57™ ("GE 57 STREET"), THE HELENA ASSOCIATES LLC ("THE HELENA") and EE 57 57™ STREET NORTH HOLDINGS LLC ("EE 57 STREET"), will move this Court at the Motion Support Office, Room 130, at the Courthouse located at 60 Centre Street, New York, New York 20th o' on the day of July, 2018 at 9:30 clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order: 1. Pursuant to §202.21(e) of the Uniform Rules of Court, vacating plaintiff's Note of Issue and Certificate of Readiness, as discovery in this case is incomplete; or in the alternative; 2. Precluding plaintiff from offering at the time of trial evidence as to matters of which particulars and discovery have been sought but not provided; or in the alternative; 3. Compelling plaintiff to provide the items demanded in defendant's discovery demands dated March 22, 2018 and May 1, 2018; and compelling Hellman Electric Corp. to respond to the demands that were made for various records at its deposition of May 8, 2018. 1454577 1 of 2 FILED: NEW YORK COUNTY CLERK 06/18/2018 06:17 PM INDEX NO. 160118/2016 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 06/18/2018 4. Staying the trialof this matter until after completion of all discovery; and 5. Granting such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b) and 2215, answering affidavits and cross-motions must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York June 18, 2018 Yours, etc., FABIANI COHEN & HALL LLP .Courtn Courtn B. an orneys for Defendants THE DURST ORGANIZATION L.P, GE 57TH STREET NORTH HOLDINGS LLC, THE HELENA ASSOCIATES LLC and EE 57TH STREET NORTH HOLDINGS LLC 4th 570 Lexington Avenue, FlOOr New York, New York 10022 (212) 644-4420 TO: LAW OFFICES OF S. DAVID OLARSCH, PC Attorneys for Plaintiff JANICE BERGER 160 Broadway, Suite 500 New York, New York 10038 (212) 267-7565 ZACHARY W. CARTER Corporation Counsel THE CITY OF NEW YORK 4th 100 Church Street, FlOOr New York, New York 10007 (212) 356-2791 AHMUTY, DEMERS & McMANUS, ESQS. Attorneys for Defendant HELLMAN ELECTRIC CORP. 16th 199 Water Street, FlOOr New York, New York 10038 (646) 536-5760 [1454577/2] 2 of 2