Preview
FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________________________________________Ç
JOHN WYMA
Plaintiff, NOTICE OF ENTRY
-against- Index No.: 153028/2023
2350 BROADWAY ASSOCIATES LLC and BROADWAY
DESSERTS, LTD. d/b/a/ FRENCH ROAST
Defendants.
______________________________________________________________________Ç
PLEASE TAKE NOTICE, that annexed is a true copy of the Decision and Order of the
Honorable Shlomo S. Hagler dated June 8, 2023 and duly entered in the office of the Clerk of the
Supreme Court of New York County on June 13, 2023.
Dated: New York, NY
Monday, July 18, 2023
Yours, etc.
Caesar, Na oli and iy k PLLC
James C. apoli
Attorne s for Plaintiff s)
JOHN WYMA
233 Broadway, Suite 2348
New York, NY 10279
(212) 226-2100
Our File: 50249PU.JNAC
TO: BROADWAY DESSERTS, LTD.
d/b/a/ FRENCH ROAST
2340 Broadway,
New York, NY 10024
Defendant
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2350 BROADWAY ASSOCIATES LLC.
2350 Broadway,
New York, NY 10024
2350 BROADWAY ASSOCIATES LLC.
731·d
23 West Street
New York, NY 10023
Defendant
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NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/13/2023
At an IAS Part 17 of the Supreme Court of the State of
New York, held in and for the County of New York at the
Courthouse lo ated at 60 Centre Street, New York, New
York, on the( day of tour-. , 2023.
P R E S E N T :
Hon. SHLOMO S. HAGLER , J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_........__-----------..-----______.....-----_______.,_____Ç
In the Matter of the Petition of Index No.: 153028/2023
JOHN WYMA, DECISION AND ORDER
Hon. Shlomo S. Hagler
Petitioner,
Part 17
2350 BROADWAY ASSOCIATES LLC and
Motion Seq.: 1
BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST
Respondents.
_______ __-----....-----..-----.._____.._ __ __..__.......----Ç
Following oral argument on this motion, and the reading of the following electronically
filed documents:
Petition.......................................................................NYSCEF Doc. #1
Proposed Order.............................................................NYSCEF Doc. #2
Affirmation in Support and Exhibits.....................................NYSCEF Doc. #3-7
Affirmation/Affidavit of Service........................................ NYSCEF Doc. #11
Stipulation................................................................... NYSCEF Doc. #I6
This is a pre-suit action brought by Petitioner, JOHN WYMA, to compel discovery of
relevant video footage that is in the possession of Respondents 2350 BROADWAY
ASSOCIATES LLC and BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST. This
arises out of an incident in which Petitioner was injured on February 08, 2023, at
proceeding
approximately 12:00PM at or near the property located at 2340 Broadway, New York, New York
10024. At that time and location, Petitioner was caused to trip and fall as the result of a defect
and/or hazardous condition. Upon investigation, Petitioner discovered video cameras affixed to
Respondents'
the outside of properties.
Petitioner brought this instant pre-suit action to compel discovery for the video footage in
parties involved so that can be named as a proper party to the action.
order to identify the they
that the video be preserved as evidence in the eventual action that will be
Petitioner further sought
commenced on behalf of Petitioner. Petitioner sought that Respondents preserve and produce:
1 of 2
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NYSCEF
FILED DOC. NO. 21
NEW RECEIVED NO. 153028/2023
INDEX NYSCEF: 07/26/2023
: YORK COUNTY CLERK 0 6 /13 / 2 0 2 3 12 : 57 PM|
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/13/2023
The surveillance video recordings from February 08, 2023, between the hours of 11:00 am
and 1:00 pm, in their possession from cameras affixed to the exterior of Respondents
respective properties that would have captured the subject incident at or near 2340
Broadway, New York, New York 10024.
This court signed an Order to.Show Cause on May 4, 2023, directing Respondents to show
cause as to why an Order should not be made and entered pursuant to CPLR Sections 3102(c) and
3124 directing Respondents, for the purpose of identifying responsible parties to be named in
Petitioner's injury claim and for the purpose of preserving evidence vital to Petitioner's injury
claim that may otherwise be destroyed, to preserve and produce to Petitioner, certain surveillance
Respondents'
video of an incident in which Petitioner was injured that is now in possession.
Following the signing of the Order to Show Cause, Respondent 2350 BROADWAY
ASSOCIATES LLC provided the relevant video footage to Petitioner. Petitioner and Respondent
2350 BROADWAY ASSOCIATES LLC stipulated to discontinue the pre-suit action o_ntly as to
Respondent 2350 BROADWAY ASSOCIATES LLC on June 5, 2023. (see doc. #16).
Respondent BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST has failed to
provide any video footage. Further, Respondent BROADWAY DESSERTS, LTD. d/b/a/
FRENCH ROAS f did not oppose the instant motion nor appear at the motion argument.
Accordingly, it is hereby
ORDERED that Petitioner's motion is GRANTED; and it is further
ORDERED that, pursuant to CPLR § 3102(c) and CPLR 3124, Respondent BROADWAY
DESSERTS, LTD. d/b/a/ FRENCH ROAST is to preserve and produce to Petitioner the following:
The surveillance video recordings from February 08, 2023, between the hours of 11:00 am
and 1:00 pm, in their possession from cameras affixed to the exterior of Respondents
respective properties that would have captured the subject incident at or near 2340
Broadway, New York, New York 10024
This constitutes the decision and order of the court.
Dated: June1, 2023
HON. HLOMO S. HAGLER
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
Meifeng Chui, being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I work in New York County,
in the State of New York.
I served a true copy of the annexed
ORDER WITH NOTICE OF ENTRY
on Monday, July 18, 2023
By mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or
official depository of the U.S. Postal Service within the State of New York, addressed to the last
known address of the addressee as indicated below:
Defendants
2350 BROADWAY ASSOCIATES LLC and BROADWAY DESSERTS, LTD. d/b/a/ FRENCH
ROAST
Meifeng Chui
Sworn to before me this
18 July 202
Notary P c
JAMES C. NAPOLI
Notary Public, State of New York
No. 31-4812984
Qualified in New Yo County
Commission Expires t0 3 t / te4
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________________________________________Ç JOHN WYMA Plaintiff, NOTICE OF ENTRY -against- Index No.: 153028/2023 2350 BROADWAY ASSOCIATES LLC and BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST Defendants. ______________________________________________________________________Ç PLEASE TAKE NOTICE, that annexed is a true copy of the Decision and Order of the Honorable Shlomo S. Hagler dated June 8, 2023 and duly entered in the office of the Clerk of the Supreme Court of New York County on June 13, 2023. Dated: New York, NY Monday, July 18, 2023 Yours, etc. Caesar, Na oli and iy k PLLC James C. apoli Attorne s for Plaintiff s) JOHN WYMA 233 Broadway, Suite 2348 New York, NY 10279 (212) 226-2100 Our File: 50249PU.JNAC TO: BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST 2340 Broadway, New York, NY 10024 Defendant 1 of 5 FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023 2350 BROADWAY ASSOCIATES LLC. 2350 Broadway, New York, NY 10024 2350 BROADWAY ASSOCIATES LLC. 731·d 23 West Street New York, NY 10023 Defendant 2 of 5 FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023 INDEX NO. 153028/2023 F ILED : NEW YORK COUNTY CLERK 0 6 /13 / 2 0 2 3 12 : 5 7 PM| NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/13/2023 At an IAS Part 17 of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse lo ated at 60 Centre Street, New York, New York, on the( day of tour-. , 2023. P R E S E N T : Hon. SHLOMO S. HAGLER , J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _........__-----------..-----______.....-----_______.,_____Ç In the Matter of the Petition of Index No.: 153028/2023 JOHN WYMA, DECISION AND ORDER Hon. Shlomo S. Hagler Petitioner, Part 17 2350 BROADWAY ASSOCIATES LLC and Motion Seq.: 1 BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST Respondents. _______ __-----....-----..-----.._____.._ __ __..__.......----Ç Following oral argument on this motion, and the reading of the following electronically filed documents: Petition.......................................................................NYSCEF Doc. #1 Proposed Order.............................................................NYSCEF Doc. #2 Affirmation in Support and Exhibits.....................................NYSCEF Doc. #3-7 Affirmation/Affidavit of Service........................................ NYSCEF Doc. #11 Stipulation................................................................... NYSCEF Doc. #I6 This is a pre-suit action brought by Petitioner, JOHN WYMA, to compel discovery of relevant video footage that is in the possession of Respondents 2350 BROADWAY ASSOCIATES LLC and BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST. This arises out of an incident in which Petitioner was injured on February 08, 2023, at proceeding approximately 12:00PM at or near the property located at 2340 Broadway, New York, New York 10024. At that time and location, Petitioner was caused to trip and fall as the result of a defect and/or hazardous condition. Upon investigation, Petitioner discovered video cameras affixed to Respondents' the outside of properties. Petitioner brought this instant pre-suit action to compel discovery for the video footage in parties involved so that can be named as a proper party to the action. order to identify the they that the video be preserved as evidence in the eventual action that will be Petitioner further sought commenced on behalf of Petitioner. Petitioner sought that Respondents preserve and produce: 1 of 2 3 of 5 FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023 NYSCEF FILED DOC. NO. 21 NEW RECEIVED NO. 153028/2023 INDEX NYSCEF: 07/26/2023 : YORK COUNTY CLERK 0 6 /13 / 2 0 2 3 12 : 57 PM| NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/13/2023 The surveillance video recordings from February 08, 2023, between the hours of 11:00 am and 1:00 pm, in their possession from cameras affixed to the exterior of Respondents respective properties that would have captured the subject incident at or near 2340 Broadway, New York, New York 10024. This court signed an Order to.Show Cause on May 4, 2023, directing Respondents to show cause as to why an Order should not be made and entered pursuant to CPLR Sections 3102(c) and 3124 directing Respondents, for the purpose of identifying responsible parties to be named in Petitioner's injury claim and for the purpose of preserving evidence vital to Petitioner's injury claim that may otherwise be destroyed, to preserve and produce to Petitioner, certain surveillance Respondents' video of an incident in which Petitioner was injured that is now in possession. Following the signing of the Order to Show Cause, Respondent 2350 BROADWAY ASSOCIATES LLC provided the relevant video footage to Petitioner. Petitioner and Respondent 2350 BROADWAY ASSOCIATES LLC stipulated to discontinue the pre-suit action o_ntly as to Respondent 2350 BROADWAY ASSOCIATES LLC on June 5, 2023. (see doc. #16). Respondent BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST has failed to provide any video footage. Further, Respondent BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAS f did not oppose the instant motion nor appear at the motion argument. Accordingly, it is hereby ORDERED that Petitioner's motion is GRANTED; and it is further ORDERED that, pursuant to CPLR § 3102(c) and CPLR 3124, Respondent BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST is to preserve and produce to Petitioner the following: The surveillance video recordings from February 08, 2023, between the hours of 11:00 am and 1:00 pm, in their possession from cameras affixed to the exterior of Respondents respective properties that would have captured the subject incident at or near 2340 Broadway, New York, New York 10024 This constitutes the decision and order of the court. Dated: June1, 2023 HON. HLOMO S. HAGLER 2 of 2 4 of 5 FILED: NEW YORK COUNTY CLERK 07/26/2023 05:20 PM INDEX NO. 153028/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/26/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss: Meifeng Chui, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I work in New York County, in the State of New York. I served a true copy of the annexed ORDER WITH NOTICE OF ENTRY on Monday, July 18, 2023 By mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: Defendants 2350 BROADWAY ASSOCIATES LLC and BROADWAY DESSERTS, LTD. d/b/a/ FRENCH ROAST Meifeng Chui Sworn to before me this 18 July 202 Notary P c JAMES C. NAPOLI Notary Public, State of New York No. 31-4812984 Qualified in New Yo County Commission Expires t0 3 t / te4 5 of 5