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FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 10/29/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.·--------------------- -----
----------X
JOYCE PETERS,
Plaintiff, NOTICE OF MOTION TO
STRIKE AND COMPEL
-against-
Index No.: 159980/2016
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Defendant.
----------------------------------
----X
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Third-Party Plaintiff,
-against-
MARKWOOD MANAGEMENT CO., & SALON
REALTY CORP.,
Third-Party Defendants.
---------------------------------------------------X
MOTION BY: KOWALSKI & DEVITO
Attorneys for Third-Party Defendants
MARKWOOD MANAGEMENT CO., &
SALON REALTY CORP.
DATE, TIME AND PLACE Motion Submission Part, Room 130, at 9:30 a.m.,
27*
OF HEARING: on the day of November, 2018, or as soon
thereafter as counsel may be heard, at the
Courthouse located at 60 Centre Street, New York,
New York 10007.
SUPPORTING PAPERS: Affirmation of Heidi M. Weiss, dated October 24,
2018; discovery demands dated October 27, 2017;
Compliance Conference Orders November 14,
March 2018 and and third-
2017, 27, July 10, 2018;
defendants'
party good faith discovery letter dated
September 13, 2018; along with all prior pleadings
heretofore had herein.
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FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 10/29/2018
RELIEF REQUESTED: Order striking the defendant/third-arty plaintiff's
Complaint, pursuant to CPLR 3126, for failure to
respond to the Compliance Conference Orders dated
November 14, 2017, March 27, 2018 and July 10,
2018; to the third-party plaintiff's discovery
demands dated October 27, 2017; and compelling
the defendant/third-party plaintiff to respond to the
Compliance Conference Orders dated November
14, 2017, March 27, 2018 and July 10, 2018; to the
third-party plaintiff's discovery demands dated
October 27, 2017; and to the defendant's good faith
discovery letter dated September 13, 2018; and for
such other and further relief as this Court deems just
and proper.
ANSWERING AFFIDAVITS: If any, must be served upon the undersigned at least
seven (7) days prior to the return date of this
motion, pursuant to CPLR 2214 (b).
Dated: New York, New York
October 24, 2018
Yours etc.,
KOWALSKI & DEVITO
Attorneys fo Third-Party Defendants
MARKWO D MANAGEMENT CO., &
SALON ALTY ORP.
By:
Heidi M. Weiss
80 Pine Street, Suite 300
New York, New York 10005
(718) 250-1100
Our File No.: NYNY-32862
TO:
The Elbert Law Firm
Attorneys of Plaintiff
560 Broadhollow Road, Suite 303
Melville, New York 11747
Nadine Rivellese, Esq.
Attorneys for Defendant/Third -Party Plaintiff
4 Irving Place, Room 1800
New York, New York 10003
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FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .·--------------------- ----- ----------X JOYCE PETERS, Plaintiff, NOTICE OF MOTION TO STRIKE AND COMPEL -against- Index No.: 159980/2016 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant. ---------------------------------- ----X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, -against- MARKWOOD MANAGEMENT CO., & SALON REALTY CORP., Third-Party Defendants. ---------------------------------------------------X MOTION BY: KOWALSKI & DEVITO Attorneys for Third-Party Defendants MARKWOOD MANAGEMENT CO., & SALON REALTY CORP. DATE, TIME AND PLACE Motion Submission Part, Room 130, at 9:30 a.m., 27* OF HEARING: on the day of November, 2018, or as soon thereafter as counsel may be heard, at the Courthouse located at 60 Centre Street, New York, New York 10007. SUPPORTING PAPERS: Affirmation of Heidi M. Weiss, dated October 24, 2018; discovery demands dated October 27, 2017; Compliance Conference Orders November 14, March 2018 and and third- 2017, 27, July 10, 2018; defendants' party good faith discovery letter dated September 13, 2018; along with all prior pleadings heretofore had herein. 1 of 2 FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 10/29/2018 RELIEF REQUESTED: Order striking the defendant/third-arty plaintiff's Complaint, pursuant to CPLR 3126, for failure to respond to the Compliance Conference Orders dated November 14, 2017, March 27, 2018 and July 10, 2018; to the third-party plaintiff's discovery demands dated October 27, 2017; and compelling the defendant/third-party plaintiff to respond to the Compliance Conference Orders dated November 14, 2017, March 27, 2018 and July 10, 2018; to the third-party plaintiff's discovery demands dated October 27, 2017; and to the defendant's good faith discovery letter dated September 13, 2018; and for such other and further relief as this Court deems just and proper. ANSWERING AFFIDAVITS: If any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion, pursuant to CPLR 2214 (b). Dated: New York, New York October 24, 2018 Yours etc., KOWALSKI & DEVITO Attorneys fo Third-Party Defendants MARKWO D MANAGEMENT CO., & SALON ALTY ORP. By: Heidi M. Weiss 80 Pine Street, Suite 300 New York, New York 10005 (718) 250-1100 Our File No.: NYNY-32862 TO: The Elbert Law Firm Attorneys of Plaintiff 560 Broadhollow Road, Suite 303 Melville, New York 11747 Nadine Rivellese, Esq. Attorneys for Defendant/Third -Party Plaintiff 4 Irving Place, Room 1800 New York, New York 10003 2 of 2