On November 05, 2014 a
Motion-Secondary
was filed
involving a dispute between
Jamie Lawson,
and
17-19 West 108 Street A K A 194 Manhattan Avenue Housing Development Fund Corporation,
194 Manhattan Deli Inc.,
General Property Management Associates, Inc.,
for Tort
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/28/2016 03:05 PM INDEX NO. 161009/2014
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2016
UPREME COURT OF THE STATE OF NEW YORK
OUNTY OF NEW YORK
-----------------------------------Â--------------------------Â-----x Index No.: 161009/2014
JAMIE LAWSON,
AFFIRMATION IN
Plain tiff(s), SUPPORT
-againstÂ
194 MANHATTAN DELI INC., 17-19 WEST 108
STREET AIKIA 194 MANHATTAN AVENUE
HOUSING DEVELOPMENT FUND CORPORATION
and GENERAL PROPERTY MANAGEMENT
ASSOCIATES, INC.,
Oefendant(s).
--------------------------------------------------------------------x
BARRY M. HOFFMAN, an attorney duly admitted to practice law before
the courts of the State of New York, affirms the following to be true under the
penalties of perjury:
1. I am a member of the law firm of HOFFMAN ROTH & MATLIN,
LLP., attorneys for the defendants in the above captioned action, and as such, I
am fully familiar with all the facts and circumstances surrounding this motion.
2. This affirmation is submitted in support of the within motion for an
rder pursuant to 22 NYCRR 202.21 (e) vacating the Note of Issue and Certificate
f Readiness and striking the matter from the trial calendar as material and
ecessary discovery remains outstanding, compelling the plaintiff's counsel to
rovide defense counsel with copies of the general release, stipulation of
iscontinuance and related closing documents relative to the settlement by
laintiff of the July 7, 2015 motor vehicle accident.
5
1 of 4
BACKGROUND
3. Plaintiff commenced the instant action by the filing of a summons
nd complaint on or about November 5, 2014, a copy of which is attached hereto
s Exhibit "A" .
4. Defendant 194 Manhattan Deli Inc. joined issue on or about
ecember 17, 2014, with the service of an answer, a copy of which is attached
ereto as Exhibit "B" . The remaining defendants joined issue by service of an
nswer on or about December 17, 2014. (Exhibit "C")
5. Subsequently this office was substituted as counsel for defendants
7-19 West 108 ST Housing Fund Development Corporation i/s/h/a 17-19 West
08 Street AKA 194 Manhattan Ave. Housing Development Fund Corp. and
eneral Property Management Associates, Inc. by consent to Change Counsel in
eptember 2015 and filed on October 2, 2015. (Exhibit "0")
6. That in this action the plaintiff seeks to recover money damages for
ersonal injuries allegedly sustained on August 13, 2014. As part of this action
laintiff is alleging injuries to her neck and back.
7. During the course of discovery it was learned that plaintiff had
ustained both pre accident motor vehicle accidents (2) and a subsequent motor
ehicle accident of July 7, 2015. In the motor vehicle accident subsequent to this
ncident, plaintiff claimed among other items neck and back injuries.
8. That at plaintiff's deposition the plaintiff's counsel stipulated not to
eek injuries relative to neck and back injuries sustained in the July 7, 2015 motor
ehicle accident case. (Exhibit "E" , p. 5-7 of plaintiff's deposition transcript)
6
2 of 4
9. That thereafter your affirmant was speaking to Mark Linder on or
bout August 8, 2016 and was advised that the motor vehicle accident of July 7,
015 had been settled.
10. That the next day your affirmant drafted a Notice for Discovery and
nspection seeking copies of the general release, stipulation of discontinuance
nd other related closing documents relative to the settlement by plaintiff of the
uly 7, 2015 motor vehicle accident. (Exhibit "F")
11. That plaintiff responded to this notice on September 7, 2016 by
bjecting to the plaintiff's demand. (Exhibit "G")
12. Subsequently on September 9, 2016 plaintiff filed her note of issue
nd statement of readiness. (Exhibit "H")
13. That since that time your affirmant has telephoned plaintiff's office
nd attempted to speak to Mr. Linder about this issue but Mr. Linder has never
eturned your affirmant's phone calls.
14. That is clear that a subsequent accident involving similar injuries
nd its settlement are material and relevant as same could have a bearing on a
rior action depending on the language in the release.
15. That it is submitted that the subsequent's action release is material
nd relevant to the prior claim and as such this defendant has a right to view the
anguage as to what it is plaintiff released.
WHEREFORE, for the foregoing reasons, it is respectfully requested that
he within motion be granted in its entirety.
ated : New York , l\Iew York
September 28, 2016
7
3 of 4
ARMON, LANDER & ROGOWSKY
ttorneys for Plaintiff
Park Avenue, Suite 2300
ew York, New York 10016
hone: (212) 732-3665
ax: (212) 732-1462
8
4 of 4
Document Filed Date
September 28, 2016
Case Filing Date
November 05, 2014
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 09/28/2016 03:05 PM INDEX NO. 161009/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2016 UPREME COURT OF THE STATE OF NEW YORK OUNTY OF NEW YORK -----------------------------------Â--------------------------Â-----x Index No.: 161009/2014 JAMIE LAWSON, AFFIRMATION IN Plain tiff(s), SUPPORT -against 194 MANHATTAN DELI INC., 17-19 WEST 108 STREET AIKIA 194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION and GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., Oefendant(s). --------------------------------------------------------------------x BARRY M. HOFFMAN, an attorney duly admitted to practice law before the courts of the State of New York, affirms the following to be true under the penalties of perjury: 1. I am a member of the law firm of HOFFMAN ROTH & MATLIN, LLP., attorneys for the defendants in the above captioned action, and as such, I am fully familiar with all the facts and circumstances surrounding this motion. 2. This affirmation is submitted in support of the within motion for an rder pursuant to 22 NYCRR 202.21 (e) vacating the Note of Issue and Certificate f Readiness and striking the matter from the trial calendar as material and ecessary discovery remains outstanding, compelling the plaintiff's counsel to rovide defense counsel with copies of the general release, stipulation of iscontinuance and related closing documents relative to the settlement by laintiff of the July 7, 2015 motor vehicle accident. 5 1 of 4 BACKGROUND 3. Plaintiff commenced the instant action by the filing of a summons nd complaint on or about November 5, 2014, a copy of which is attached hereto s Exhibit "A" . 4. Defendant 194 Manhattan Deli Inc. joined issue on or about ecember 17, 2014, with the service of an answer, a copy of which is attached ereto as Exhibit "B" . The remaining defendants joined issue by service of an nswer on or about December 17, 2014. (Exhibit "C") 5. Subsequently this office was substituted as counsel for defendants 7-19 West 108 ST Housing Fund Development Corporation i/s/h/a 17-19 West 08 Street AKA 194 Manhattan Ave. Housing Development Fund Corp. and eneral Property Management Associates, Inc. by consent to Change Counsel in eptember 2015 and filed on October 2, 2015. (Exhibit "0") 6. That in this action the plaintiff seeks to recover money damages for ersonal injuries allegedly sustained on August 13, 2014. As part of this action laintiff is alleging injuries to her neck and back. 7. During the course of discovery it was learned that plaintiff had ustained both pre accident motor vehicle accidents (2) and a subsequent motor ehicle accident of July 7, 2015. In the motor vehicle accident subsequent to this ncident, plaintiff claimed among other items neck and back injuries. 8. That at plaintiff's deposition the plaintiff's counsel stipulated not to eek injuries relative to neck and back injuries sustained in the July 7, 2015 motor ehicle accident case. (Exhibit "E" , p. 5-7 of plaintiff's deposition transcript) 6 2 of 4 9. That thereafter your affirmant was speaking to Mark Linder on or bout August 8, 2016 and was advised that the motor vehicle accident of July 7, 015 had been settled. 10. That the next day your affirmant drafted a Notice for Discovery and nspection seeking copies of the general release, stipulation of discontinuance nd other related closing documents relative to the settlement by plaintiff of the uly 7, 2015 motor vehicle accident. (Exhibit "F") 11. That plaintiff responded to this notice on September 7, 2016 by bjecting to the plaintiff's demand. (Exhibit "G") 12. Subsequently on September 9, 2016 plaintiff filed her note of issue nd statement of readiness. (Exhibit "H") 13. That since that time your affirmant has telephoned plaintiff's office nd attempted to speak to Mr. Linder about this issue but Mr. Linder has never eturned your affirmant's phone calls. 14. That is clear that a subsequent accident involving similar injuries nd its settlement are material and relevant as same could have a bearing on a rior action depending on the language in the release. 15. That it is submitted that the subsequent's action release is material nd relevant to the prior claim and as such this defendant has a right to view the anguage as to what it is plaintiff released. WHEREFORE, for the foregoing reasons, it is respectfully requested that he within motion be granted in its entirety. ated : New York , l\Iew York September 28, 2016 7 3 of 4 ARMON, LANDER & ROGOWSKY ttorneys for Plaintiff Park Avenue, Suite 2300 ew York, New York 10016 hone: (212) 732-3665 ax: (212) 732-1462 8 4 of 4