On February 25, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Sandra Engelman,
and
Consolidated Edison Company Of New York, Inc.,
Safeway Construction Enterprises, Inc.,
The City Of New York,
for Tort-Other
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/05/2018 04:09 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/05/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------X
SANDRA ENGELMAN, Index No.: 151665/14
Plaintiff,
NOTICE OF
-against- MOTION
THE CITY OF NEW YORK, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC., and
SAFEWAY CONSTRUCTION ENTERPRISES, INC.,
Defendants.
------------------------------------------------X â€
PLEASE TAIΠNOTICE, that upon the annexed affirmation of JESSICA A.
McGOVERN, dated July 2, 2018, the exhibits annexed thereto, and all prior pleadings and
proceedings herein, defendants, SAFEWAY CONSTRUCTION ENTERPRISES, INC. and
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., will move this Court in the
Motion Submission Part, Room 130 at the courthouse located at 60 Centre Street, in the County
of New York, on the July 30, 2018, at 9:30 a,m, or as soon thereafter as counsel may be heard,
for an order:
a. Pursuant to CPLR §3126(3) dismissing Plaintiff's complaint based upon Plaintiff's
Defendants'
willful failure to comply with discovery demands; or alternatively;
b. Pursuant to CPLR §3126(2) precluding Plaintiff from offering any evidence at the trialof
Defendants'
this action based upon Plaintiff's willful failure to comply with discovery
demands; or alternatively;
Defendants'
c. Pursuant to CPLR §3124 compelling Plaintiff to comply with discovery
demands; and
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FILED: NEW YORK COUNTY CLERK 07/05/2018 04:09 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/05/2018
d. For such other and further relief as this Court may deem just and proper.
PLEASE TAIM FURTHER NOTICE that any answering affirmations and/or affidavits
must be served upon the undersigned no later than seven (7) days prior to the return date hereof,
pursuant to CPLR 2214(b).
Dated: Mineola, New York
July 2, 2018 Yours etc.,
BART TT L
By:
JES ICA A. Mc 0 "RN
Atto1 ey for De ndan s
SAFEWAY CO T CTION
ENTERPRISES, INC., and
CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC.
Office & P.O. Address
170 Old Country Rd, Suite 400
Mineola, NY 11501
Tel.: (516) 877-2900
Fax: (516) 877-0732
BartlettFile No.: 640.0022
TO: ROBERT J. BERKOWITZ & ASSOCS.
Attorneys for Plaintiff
225 Broadway, Ste 1606
New York, New York 10007
CORPORATION COUNSEL
100 Church Street, Rm 4-313
New York, New York 10007
2 of 2
Document Filed Date
July 05, 2018
Case Filing Date
February 25, 2014
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FILED: NEW YORK COUNTY CLERK 07/05/2018 04:09 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------X SANDRA ENGELMAN, Index No.: 151665/14 Plaintiff, NOTICE OF -against- MOTION THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Defendants. ------------------------------------------------X †PLEASE TAIŒ NOTICE, that upon the annexed affirmation of JESSICA A. McGOVERN, dated July 2, 2018, the exhibits annexed thereto, and all prior pleadings and proceedings herein, defendants, SAFEWAY CONSTRUCTION ENTERPRISES, INC. and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., will move this Court in the Motion Submission Part, Room 130 at the courthouse located at 60 Centre Street, in the County of New York, on the July 30, 2018, at 9:30 a,m, or as soon thereafter as counsel may be heard, for an order: a. Pursuant to CPLR §3126(3) dismissing Plaintiff's complaint based upon Plaintiff's Defendants' willful failure to comply with discovery demands; or alternatively; b. Pursuant to CPLR §3126(2) precluding Plaintiff from offering any evidence at the trialof Defendants' this action based upon Plaintiff's willful failure to comply with discovery demands; or alternatively; Defendants' c. Pursuant to CPLR §3124 compelling Plaintiff to comply with discovery demands; and 1 of 2 FILED: NEW YORK COUNTY CLERK 07/05/2018 04:09 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/05/2018 d. For such other and further relief as this Court may deem just and proper. PLEASE TAIM FURTHER NOTICE that any answering affirmations and/or affidavits must be served upon the undersigned no later than seven (7) days prior to the return date hereof, pursuant to CPLR 2214(b). Dated: Mineola, New York July 2, 2018 Yours etc., BART TT L By: JES ICA A. Mc 0 "RN Atto1 ey for De ndan s SAFEWAY CO T CTION ENTERPRISES, INC., and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. Office & P.O. Address 170 Old Country Rd, Suite 400 Mineola, NY 11501 Tel.: (516) 877-2900 Fax: (516) 877-0732 BartlettFile No.: 640.0022 TO: ROBERT J. BERKOWITZ & ASSOCS. Attorneys for Plaintiff 225 Broadway, Ste 1606 New York, New York 10007 CORPORATION COUNSEL 100 Church Street, Rm 4-313 New York, New York 10007 2 of 2