Preview
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/24/2022
EXHIBIT V
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NOTE OF ISSUE
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
Cal. No.
Index No.157354/2019
SUPREME COURT, NEW YORK COUNTY
===============================
| Hon. Paul A. Goetz
JOSE CARLOS DE SOUZA,
NOTICE FOR TRIE
Plaintiff '
[X] Trial by jury demand
[X] of all issues
[ ] of issues specified ===================
-against-
[ ] Trial without jury
Filed by Attorneys for Plaintiff
Date summons served:8/6 /2019
HUDSON YARDS Date service completed: 8/22/2019
CONSTRUCTION II LLC3 Date issue joined: 11/19/19
50 HYMC OWNER LLC and
GILBANE BUILDING NATURE OF ACTION OR SPECIAL PROCEEDING
COMPANY,
Defendants. [X] Tort: [ ] Motor Vehicle Negligence
[ ] Medical Malpractice
[x] Other Tort: Personal Injury and
Labor Law
[ ]Contract
[ ]Contested matrimonial
[ ]Uncontested matrimonial
[ ]Tax certiorari
[ ]Condemnation
[ ]Other (not itemized above) specify
[ ]This action is brought as a class action
[ ]This is a medical malpractice action; panel
procedures prescribed by the rules pursuant to
Jud. )148-a have been completed.
===============================
Preference claimed under the Special
Rule of the Appellate Division Amount Demanded: $20, 000, 000.00
on the ground that the injuries
suffered by the plaintiff(s) are
severe, permanent, protracted and
progressive Insurance carrier(s)
LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. Wood Smith Henning & Berman LLP
Attorneys for Plaintiff Attorneys for Defendants
81 MAIN STREET - SUITE 305 685 Third Avenue, 18 th
WHITE PLAINS, NEW YORK 10601 New York, New York 10017
(914) 946-5093 77 Water Street, Suite 2100
New York, New York 10017
212-999-7100
1 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
========================
For Clerk's Use
N.I. served
on
CERTIFICATE OF READINESS FOR TRIAL
===========--=========_=
Completed Waived Not Required
1. All pleadings served X
2. Bill of Particulars served X
3. Physical Examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the Rules in
matrimonial action (22 NYCRR 202.16) X
7. Discovery proceedings (see attached Affirmation Of Compliance)
8. There are no outstanding requests for discovery, except as per annexed affirmation.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any other issued pursuant to the Precalendar
Rules (22 NYCRR 202.56).
11. If a medical malpractice action, there has been compliance with any order
issued pursuant to 22 NYCRR 202.56.
12. The case is ready for trial.
Dated: White Plains, New York s/ as
April 5, 2022
By: Julio Cesar Román, ESQ.
Attorneys for Plaintiff
81 Main Street-Suite 305
White Plains, New York 10601
914-946-5093
STATE OF NEW YORK, COUNTY OF WESTCHESTER, s.S.:
JULIO CESAR ROMiN, an attorney duly admitted to practice law in the State of New York and affirm the
following under the pains and penalties of perjury:
I am over 18 years of age and reside at BRONX COUNTY. NEW YORK.
That on April 5, 2022, deponent served the within NOTE OF ISSUE & CERTIFICARTE OF READINESS VIA
New York State Courts Electronic Filing System (NYSCEF), upon the following:
Wood Smith Henning & Berman LLP
Attorneys for Defendants
685 Third Avenue, 18th
New York, New York 10017
212-999-7100
Julio Cesar Román,.ESQ.
2 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________________________Ç
JOSE CARLOS DE SOUZA,
INDEX NO.:
157354/2019
Plaintiff,
AFFIRMATION OF
-against- COMPLIANCE
HUDSON YARDS CONSTRUCTION II LLC,
50 HYMC OWNER LLC and GILBANE BUILDING
COMPANY,
Defendants.
_____________________________________________________________Ç
JULIO CESAR ROMAN, an attorney duly admitted to practice in the Courts
of the State of New York, hereby affirms the truth of the following, pursuant to
CPLR §2106:
1. Your affirmant is associated with the LAW OFFICES OF
LAWRENCE PERRY BIONDI, P.C., attorneys for the plaintiff herein, and as such,
am familiar with the facts and circumstances of the above-captioned action.
2. All discovery in this matter is complete including the discovery
directed at the latest status conference. A copy of the order is annexed hereto.
Dated: White Plains, New York
April 5, 2022
Yours, etc.
s// /û Ûne Rane,
JULIO CESAR ROMÃN, ESQ.
LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C.
Attorneys for Plaintiff
81 Main Street - Suite 305
White Plains, New York 10601
(914) 946-5093
3 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
TO: Wood Smith Henning & Berman LLP
Attorneys for Defendants
685 Third 18th Floor
Avenue,
New York, New York 10017
4 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
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AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED
INDEX
NYSCEF:
NO.
04/05/2022
10/24/2022
F I LED : NEW YORK COUNTY CLERK 01/18/2022 03:53 157354/2019
PM|
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/18/2022
SUPRE,ME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK
P3elflW o
-against- IASPART T . .
$Off'MOOøAearJ.4c) MAideae.
Aamwepensem namesenowaws
AtomeAt De f noufant AssmayprD Gundant
Dated: / /J .2pt
80 ORDERED:
amub ü 4
1 of 1
5 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
AFFIRMATION OF SERVICE BY NYSCEF
STATE OF NEW YORK )
: SS.:
COUNTY OF WESTCHESTER )
I, JULIO CESAR ROMÃN, an attorney duly admitted to practice law in the
State of Ne York affirms the following under the pains and penalties of perjury::
I am not a party to the action, am over 18 years of age and reside in the
County of Bronx, New York. On April 5, 2022, I served the within AFFIRMATON
OF COMPLIANCE upon defendants by depositing a true copy thereof VIA New
York State Courts Electronic Filing System (NYSCEF), upon the addressed to
the following:
TO: Wood Smith Henning & Berman LLP
Attorneys for Defendants
685 Third 18th Floor
Avenue,
New York, New York 10017
s// /4 Cm undo
JULIO CESAR ROMÃN
6 of 7
FILED: NEW YORK COUNTY CLERK 10/24/2022
04/05/2022 11:51
11:29 PM
AM INDEX NO. 157354/2019
NYSCEF DOC. NO. 79
31 RECEIVED NYSCEF: 10/24/2022
04/05/2022
INDEX NO.: 157354/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSE CARLOS DE SOUZA,
Plaintiff,
- against -
HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC
and GILBANE BUILDING COMPANY,
Defendants.
NOTE OF ISSUE AND
CERTIFICATE OF READINESS
.
PB
Law Offices of
LAWRENCE PERRY BIONDI, P.C.
Attorneys for Plaintiff(s)
81 Main Street - Suite 305
White Plains, New York 10601
Tel. (914) 946-5093
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 10/24/2022 EXHIBIT V FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NOTE OF ISSUE NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 Cal. No. Index No.157354/2019 SUPREME COURT, NEW YORK COUNTY =============================== | Hon. Paul A. Goetz JOSE CARLOS DE SOUZA, NOTICE FOR TRIE Plaintiff ' [X] Trial by jury demand [X] of all issues [ ] of issues specified =================== -against- [ ] Trial without jury Filed by Attorneys for Plaintiff Date summons served:8/6 /2019 HUDSON YARDS Date service completed: 8/22/2019 CONSTRUCTION II LLC3 Date issue joined: 11/19/19 50 HYMC OWNER LLC and GILBANE BUILDING NATURE OF ACTION OR SPECIAL PROCEEDING COMPANY, Defendants. [X] Tort: [ ] Motor Vehicle Negligence [ ] Medical Malpractice [x] Other Tort: Personal Injury and Labor Law [ ]Contract [ ]Contested matrimonial [ ]Uncontested matrimonial [ ]Tax certiorari [ ]Condemnation [ ]Other (not itemized above) specify [ ]This action is brought as a class action [ ]This is a medical malpractice action; panel procedures prescribed by the rules pursuant to Jud. )148-a have been completed. =============================== Preference claimed under the Special Rule of the Appellate Division Amount Demanded: $20, 000, 000.00 on the ground that the injuries suffered by the plaintiff(s) are severe, permanent, protracted and progressive Insurance carrier(s) LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. Wood Smith Henning & Berman LLP Attorneys for Plaintiff Attorneys for Defendants 81 MAIN STREET - SUITE 305 685 Third Avenue, 18 th WHITE PLAINS, NEW YORK 10601 New York, New York 10017 (914) 946-5093 77 Water Street, Suite 2100 New York, New York 10017 212-999-7100 1 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 ======================== For Clerk's Use N.I. served on CERTIFICATE OF READINESS FOR TRIAL ===========--=========_= Completed Waived Not Required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical Examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules in matrimonial action (22 NYCRR 202.16) X 7. Discovery proceedings (see attached Affirmation Of Compliance) 8. There are no outstanding requests for discovery, except as per annexed affirmation. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any other issued pursuant to the Precalendar Rules (22 NYCRR 202.56). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for trial. Dated: White Plains, New York s/ as April 5, 2022 By: Julio Cesar Román, ESQ. Attorneys for Plaintiff 81 Main Street-Suite 305 White Plains, New York 10601 914-946-5093 STATE OF NEW YORK, COUNTY OF WESTCHESTER, s.S.: JULIO CESAR ROMiN, an attorney duly admitted to practice law in the State of New York and affirm the following under the pains and penalties of perjury: I am over 18 years of age and reside at BRONX COUNTY. NEW YORK. That on April 5, 2022, deponent served the within NOTE OF ISSUE & CERTIFICARTE OF READINESS VIA New York State Courts Electronic Filing System (NYSCEF), upon the following: Wood Smith Henning & Berman LLP Attorneys for Defendants 685 Third Avenue, 18th New York, New York 10017 212-999-7100 Julio Cesar Román,.ESQ. 2 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________________________Ç JOSE CARLOS DE SOUZA, INDEX NO.: 157354/2019 Plaintiff, AFFIRMATION OF -against- COMPLIANCE HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. _____________________________________________________________Ç JULIO CESAR ROMAN, an attorney duly admitted to practice in the Courts of the State of New York, hereby affirms the truth of the following, pursuant to CPLR §2106: 1. Your affirmant is associated with the LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C., attorneys for the plaintiff herein, and as such, am familiar with the facts and circumstances of the above-captioned action. 2. All discovery in this matter is complete including the discovery directed at the latest status conference. A copy of the order is annexed hereto. Dated: White Plains, New York April 5, 2022 Yours, etc. s// /û Ûne Rane, JULIO CESAR ROMÃN, ESQ. LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. Attorneys for Plaintiff 81 Main Street - Suite 305 White Plains, New York 10601 (914) 946-5093 3 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 TO: Wood Smith Henning & Berman LLP Attorneys for Defendants 685 Third 18th Floor Avenue, New York, New York 10017 4 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED INDEX NYSCEF: NO. 04/05/2022 10/24/2022 F I LED : NEW YORK COUNTY CLERK 01/18/2022 03:53 157354/2019 PM| NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/18/2022 SUPRE,ME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK P3elflW o -against- IASPART T . . $Off'MOOøAearJ.4c) MAideae. Aamwepensem namesenowaws AtomeAt De f noufant AssmayprD Gundant Dated: / /J .2pt 80 ORDERED: amub ü 4 1 of 1 5 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 AFFIRMATION OF SERVICE BY NYSCEF STATE OF NEW YORK ) : SS.: COUNTY OF WESTCHESTER ) I, JULIO CESAR ROMÃN, an attorney duly admitted to practice law in the State of Ne York affirms the following under the pains and penalties of perjury:: I am not a party to the action, am over 18 years of age and reside in the County of Bronx, New York. On April 5, 2022, I served the within AFFIRMATON OF COMPLIANCE upon defendants by depositing a true copy thereof VIA New York State Courts Electronic Filing System (NYSCEF), upon the addressed to the following: TO: Wood Smith Henning & Berman LLP Attorneys for Defendants 685 Third 18th Floor Avenue, New York, New York 10017 s// /4 Cm undo JULIO CESAR ROMÃN 6 of 7 FILED: NEW YORK COUNTY CLERK 10/24/2022 04/05/2022 11:51 11:29 PM AM INDEX NO. 157354/2019 NYSCEF DOC. NO. 79 31 RECEIVED NYSCEF: 10/24/2022 04/05/2022 INDEX NO.: 157354/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE CARLOS DE SOUZA, Plaintiff, - against - HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. NOTE OF ISSUE AND CERTIFICATE OF READINESS . PB Law Offices of LAWRENCE PERRY BIONDI, P.C. Attorneys for Plaintiff(s) 81 Main Street - Suite 305 White Plains, New York 10601 Tel. (914) 946-5093 7 of 7