Preview
FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----X
SANDRA ENGELMAN, Index No.: 151665/14
Plaintiff,
AFFIRMATION IN
-against- PARTIAL OPPOSITION
THE CITY OF NEW YORK, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC., and
SAFEWAY CONSTRUCTION ENTERPRISES, INC.,
Defendants.
---- ------- -------------------------X
JESSICA A. McGOVERN, an attorney duly admitted to practice law in the Courts of the
State ofNew York, hereby affirms the following to be true under penalty of perjury:
1. I am associated with BARTLETT LLP, attorneys for SAFEWAY
CONSTRUCTION ENTERPRISES, INC. and CONSOLIDATED EDISON COMPANY OF
"SAFEWAY"
NEW YORK (hereinafter and "CON EDISON", respectively), in the above-
captioned matter, and as such I am fully familiar with the prior pleadings and proceeding
heretofore had herein.
2. This affirmation is submitted in partial opposition to defendant THE CITY OF
NEW YORK's motion to dismiss plaintiff's complaint against THE CITY OF NEW YORK
along with any and all cross claims, based upon plaintiff's willful failure to comply with
discovery demands.
3. SAFEWAY and CON EDISON do not oppose that part of the motion which seeks
dismissal of plaintiff's complaint, or in the alternative the preclusion on plaintiff from offering
any evidence at the trial of this action based upon plaintiff's willful failure to comply with
defendants'
discovery demands, or compelling plaintiff to comply with discovery demands.
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FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018
SAFEWAY and CON EDISON have both separately moved for the same relief, due to plaintiff's
failure to respond to discovery demands.
4, However, SAFEWAY and CON EDISON oppose that part of the CITY's motion
which seeks dismissal of any and all cross-claims against the CITY. The CITY's request for
such relief is unexplained and unsupported by the affinnation submitted in support of the motion.
5. Both SAFEWAY and CON EDISON have been compliant with all discovery
demands, requests, and Orders. The CITY makes no declaration otherwise, nor does it state any
other reason for seeking the dismissal of any and allcross-claims.
WHEREFORE, it is respectfully requested that defendant THE CITY OF NEW
YORICs motion be denied to the extent that itseeks the dismissal of all cross-claims asserted
agenn it,and for such other and further relief as this Court deems just and proper.
Dated: Mineola, New York
September 7, 2018
JE A A. M VERN
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FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU )
Sharon Bleimeyer, being duly sworn, deposes and says: that deponent is not a party to the
action, is over 18 years of age and resides in Nassau County, New York.
7"'
That on the day of September, 2018, deponent served the within AFFIRMATION IN
PARTIAL OPPOSITION upon:
ROBERT J. BERKOWITZ & ASSOCIATES, P.C.
Attorney for Plaintiff
225 Broadway, Suite 1606
New York, New York 10007
(212) 240-3880
File No.: 13-0009
ZACHARY W, CARTER, ESQ.
CORPORATION COUNSEL
Attorneys for Defendants
CITY OF NEW YORK
46
100 Church Street, Floor
New York, New York 10007-2601
Via NYSCEF (E-File) and at the addresses designated by said attorneys for that purpose by
depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, in an official
depository under the exclusive care and custody of the United States Post Office with the State of
New York.
Sharon Bleimeyer
Sworn to before me this
7th day of September, 2018
OTARY PUB IC
JA IE F X
[
OTARY PUBUC, E OF NEW YORK
No. 01FO6315999
Registration
Qualified in Suffolk County
Commission Expires12/06/2018
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FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------___----_____. ... ------------X
SANDRA ENGELMAN, Index No.: 151665/14
Plaintiff,
-against-
THE CITY OF NEW YORK, CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC. and SAFEWAY
CONSTRUCTION ENTERPRISES, INC.,
Defendants.
___..--.------- --------------------- --X
AFFIRMATION IN PARTIAL OPPOSITION
BARTLETT LLP
Attorneys for Defendants CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC. and
SAFEWAY CONSTRUCTION ENTERPRISES, INC.
Office & P.O. Address
170 Old Country Road, Suite 400, Minee!a, New York 11501
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Preview
FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----X SANDRA ENGELMAN, Index No.: 151665/14 Plaintiff, AFFIRMATION IN -against- PARTIAL OPPOSITION THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Defendants. ---- ------- -------------------------X JESSICA A. McGOVERN, an attorney duly admitted to practice law in the Courts of the State ofNew York, hereby affirms the following to be true under penalty of perjury: 1. I am associated with BARTLETT LLP, attorneys for SAFEWAY CONSTRUCTION ENTERPRISES, INC. and CONSOLIDATED EDISON COMPANY OF "SAFEWAY" NEW YORK (hereinafter and "CON EDISON", respectively), in the above- captioned matter, and as such I am fully familiar with the prior pleadings and proceeding heretofore had herein. 2. This affirmation is submitted in partial opposition to defendant THE CITY OF NEW YORK's motion to dismiss plaintiff's complaint against THE CITY OF NEW YORK along with any and all cross claims, based upon plaintiff's willful failure to comply with discovery demands. 3. SAFEWAY and CON EDISON do not oppose that part of the motion which seeks dismissal of plaintiff's complaint, or in the alternative the preclusion on plaintiff from offering any evidence at the trial of this action based upon plaintiff's willful failure to comply with defendants' discovery demands, or compelling plaintiff to comply with discovery demands. 1 of 4 FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018 SAFEWAY and CON EDISON have both separately moved for the same relief, due to plaintiff's failure to respond to discovery demands. 4, However, SAFEWAY and CON EDISON oppose that part of the CITY's motion which seeks dismissal of any and all cross-claims against the CITY. The CITY's request for such relief is unexplained and unsupported by the affinnation submitted in support of the motion. 5. Both SAFEWAY and CON EDISON have been compliant with all discovery demands, requests, and Orders. The CITY makes no declaration otherwise, nor does it state any other reason for seeking the dismissal of any and allcross-claims. WHEREFORE, it is respectfully requested that defendant THE CITY OF NEW YORICs motion be denied to the extent that itseeks the dismissal of all cross-claims asserted agenn it,and for such other and further relief as this Court deems just and proper. Dated: Mineola, New York September 7, 2018 JE A A. M VERN 2 of 4 FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) Sharon Bleimeyer, being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides in Nassau County, New York. 7"' That on the day of September, 2018, deponent served the within AFFIRMATION IN PARTIAL OPPOSITION upon: ROBERT J. BERKOWITZ & ASSOCIATES, P.C. Attorney for Plaintiff 225 Broadway, Suite 1606 New York, New York 10007 (212) 240-3880 File No.: 13-0009 ZACHARY W, CARTER, ESQ. CORPORATION COUNSEL Attorneys for Defendants CITY OF NEW YORK 46 100 Church Street, Floor New York, New York 10007-2601 Via NYSCEF (E-File) and at the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office with the State of New York. Sharon Bleimeyer Sworn to before me this 7th day of September, 2018 OTARY PUB IC JA IE F X [ OTARY PUBUC, E OF NEW YORK No. 01FO6315999 Registration Qualified in Suffolk County Commission Expires12/06/2018 3 of 4 FILED: NEW YORK COUNTY CLERK 09/07/2018 12:07 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------___----_____. ... ------------X SANDRA ENGELMAN, Index No.: 151665/14 Plaintiff, -against- THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Defendants. ___..--.------- --------------------- --X AFFIRMATION IN PARTIAL OPPOSITION BARTLETT LLP Attorneys for Defendants CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and SAFEWAY CONSTRUCTION ENTERPRISES, INC. Office & P.O. Address 170 Old Country Road, Suite 400, Minee!a, New York 11501 4 of 4