Preview
FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________..------------····---------------------X
JOYCE PETERS,
Plaintiff, AFFIRMATION IN SUPPORT
-against- Index No.: 160080/2016
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
Heidi M. Weiss, an attorney duly admitted to practice before the Courts of the State of
New York, and who is associated with Kowalski & DeVito, attorneys for the third-party
defendants, MARKWOOD MANAGEMENT CO., & SALON REALTY CORP., submits this
statement, affirmed upon information and belief, to be true under the penalties of perjury:
1. This affirmation is submitted in support of the within motion to strike the third-
party pwings of defendant/third-party plaintiff, CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC. (hereinafter "CON EDISON"), pursuant to CPLR 3126, for failure to
respond to the Compliance Conference Orders dated November 14, 2017, March 27, 2018 and
defendants'
July 10, 2018; to the third-party discovery demands dated October 25, 2017; and to
the third-party defendant's good faith discovery letterdated September 13, 2018; and compelling
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FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018
the defendant/third-party plaintiff to respond to the Compliance Conference Orders dated
November 14, 2017, March 27, 2018 and July 10, 2018; and to the third-party defendant's good
faith discovery letter dated September 13, 2018; and for such other and further relief as this
Court deems just and proper.
2. This action was commenced on or about November 25, 2016, to recover damages
claimed to have been sustained by plaintiff, as a result of defendant/third-party plaintifPsalleged
negligence. Issue was joined by the service of defendant/third-party plaintiff's Answer on or
about December 23, 2016. Copies of these pleadings are annexed hereto collectively as Exhibit
"A."
Dd=d=t/third-party plaintiff on or about August 8, 2017 impleaded third-party
defendant Issue was joined the service of defendants Answer on or about October
by third-party
25, 2017. Copies of these pleadings are annexed hereto collectively as Exhibit "B".
3. On October 25, 2017, demands for Discovery and L=specticñ were served upon
defendañt/third-party plaintiff's attorney together with third-party defendant's answer. Copies of
"C."
the demands are armexed hereto as Exhibit CON EDISON has made no motion to vacate
and/or modify same and the time to respond to said demands has expired and has not been
defendants'
extended. CON EDISON has therefore failed to comply with third-party demands
and is now in default.
4. On November 14, 2017, March 27, 2018 and July 10, 2018, Compliance
Conferences were held and a Court Order was issued each time directing that third-party
directing that defendant/third-party plaintiff, CON EDISON, to respond to movant's demands.
To date, the defendant/third-party plaintiff, has not complied with the Orders. Annexed hereto as
"D"
Exhibit are copies of the Compliance Conference Orders.
5. On September 13, 2018, this affirmant's office sent a good faith discoverf letter
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FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018
to the defendant/third-party plaintiff's counsel requesting that they comply with the Compliance
Conference Orders; provide a response to the defendant's discovery demands dated October 27,
2017; To date, the defendant/third-party plaintiff, has failed to respond to the defendant's good
"E" third-
faith discovery letter dated September 13, 2018. Refer to Exhibit for s copy of the
defendants'
party good faith discovery letter.
WHEREFORE, itis respectfully requested that the relief set forth herein is granted
together with costs of this motion, and for such other and further relief as this Court deems just
and proper.
Dated: New York, New York
October 24, 2018
Heidi M. Weiss
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Preview
FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________..------------····---------------------X JOYCE PETERS, Plaintiff, AFFIRMATION IN SUPPORT -against- Index No.: 160080/2016 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 Heidi M. Weiss, an attorney duly admitted to practice before the Courts of the State of New York, and who is associated with Kowalski & DeVito, attorneys for the third-party defendants, MARKWOOD MANAGEMENT CO., & SALON REALTY CORP., submits this statement, affirmed upon information and belief, to be true under the penalties of perjury: 1. This affirmation is submitted in support of the within motion to strike the third- party pwings of defendant/third-party plaintiff, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (hereinafter "CON EDISON"), pursuant to CPLR 3126, for failure to respond to the Compliance Conference Orders dated November 14, 2017, March 27, 2018 and defendants' July 10, 2018; to the third-party discovery demands dated October 25, 2017; and to the third-party defendant's good faith discovery letterdated September 13, 2018; and compelling 1 of 3 FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018 the defendant/third-party plaintiff to respond to the Compliance Conference Orders dated November 14, 2017, March 27, 2018 and July 10, 2018; and to the third-party defendant's good faith discovery letter dated September 13, 2018; and for such other and further relief as this Court deems just and proper. 2. This action was commenced on or about November 25, 2016, to recover damages claimed to have been sustained by plaintiff, as a result of defendant/third-party plaintifPsalleged negligence. Issue was joined by the service of defendant/third-party plaintiff's Answer on or about December 23, 2016. Copies of these pleadings are annexed hereto collectively as Exhibit "A." Dd=d=t/third-party plaintiff on or about August 8, 2017 impleaded third-party defendant Issue was joined the service of defendants Answer on or about October by third-party 25, 2017. Copies of these pleadings are annexed hereto collectively as Exhibit "B". 3. On October 25, 2017, demands for Discovery and L=specticñ were served upon defendañt/third-party plaintiff's attorney together with third-party defendant's answer. Copies of "C." the demands are armexed hereto as Exhibit CON EDISON has made no motion to vacate and/or modify same and the time to respond to said demands has expired and has not been defendants' extended. CON EDISON has therefore failed to comply with third-party demands and is now in default. 4. On November 14, 2017, March 27, 2018 and July 10, 2018, Compliance Conferences were held and a Court Order was issued each time directing that third-party directing that defendant/third-party plaintiff, CON EDISON, to respond to movant's demands. To date, the defendant/third-party plaintiff, has not complied with the Orders. Annexed hereto as "D" Exhibit are copies of the Compliance Conference Orders. 5. On September 13, 2018, this affirmant's office sent a good faith discoverf letter 2 of 3 FILED: NEW YORK COUNTY CLERK 10/29/2018 01:19 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/29/2018 to the defendant/third-party plaintiff's counsel requesting that they comply with the Compliance Conference Orders; provide a response to the defendant's discovery demands dated October 27, 2017; To date, the defendant/third-party plaintiff, has failed to respond to the defendant's good "E" third- faith discovery letter dated September 13, 2018. Refer to Exhibit for s copy of the defendants' party good faith discovery letter. WHEREFORE, itis respectfully requested that the relief set forth herein is granted together with costs of this motion, and for such other and further relief as this Court deems just and proper. Dated: New York, New York October 24, 2018 Heidi M. Weiss 3 of 3