Preview
FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x
SANDRA ENGELMAN, AFFIRMATION IN
SUPPORT
Plaintiff,
- against - Index #: 151665/2014
THE CITY OF NEW YORK and CONSOLIDATED L.D. #: 2014-008779
EDISON COMPANY OF NEW YORK, INC.,
Return Date: Sept. 21, 2018
Defendants.
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Third Party Plaintiff,
- against -
SAFEWAY CONSTRUCTION ENTERPRISES,
Third Party Defendant.
_______-________..---_________________-_____________________________..--X
RIKKI DAVIDOFF, an attorney admitted to practice in New York and an
Assistant Corporation Counsel of the City of New York, affirms the truth of the following under
penalty of perjury pursuant to C.P.L.R. 2106, upon information and belief based upon the files
and records maintained in the Office of the Corporation Counsel.
1. This Affirmation is submitted by Defendant, THE CITY OF NEW YORK
(hereinafter "the City") in support of its motion which seeks an Order pursuant to CPLR §
3126(3) dismissing Plaintiff's Complaint against Defendant THE CITY OF NEW YORK, and
Defendants'
any and all cross-claims, based upon Plaintiff's willful failure to comply with
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FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018
discovery demands; or, alternatively, an Order pursuant to CPLR § 2126(2) precluding Plaintiff
from offering any evidence at the trial of this action based upon Plaintiff's willful failure to
Defendants'
comply with discovery demands; or, alternatively, an Order pursuant to CPLR §
Defendants'
3124 compelling Plaintiff to comply with discovery demands; and, for such other
and further relief as this Court may deem just and proper.
2. This is an action for personal injuries claimed to have been sustained by
Plaintiff Sandra Engelman (hereinafter "Plaintiff") on or about March 9, 2013 when Plaintiff
allegedly tripped and fell in the crosswalk at the intersection of Seventh Avenue and 45th Street.
See Plaintiff's Notice of Claim, annexed hereto as Exhibit A.
3. For the sake of brevity and judicial economy, the City incorporates by
reference the procedural history, all of the arguments and exhibits made by Co-Defendants
SAFEWAY CONSTRUCTION ENTERPRISES and CONSOLIDATED EDISON COMPANY
OF NEW YORK, in their motion to strike Plaintiff's Complaint.
4. Plaintiff's willful failure to comply with discovery demands also
prejudices the City, as these same documents are necessary and material to the defense of this
Co-Defendants'
matter. See motion at ¶ 13-14.
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FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018
WHEREFORE, it is respectfully requested that Plaintiff's
dismissed in its entirety, that all claims and cross claims against the
City be
such other and further relief as this Court deems just and proper.
Dated: New York, New York
August 21, 2018
HARY W. CART
Corporation Counsel for the City
Attorney for the Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
By: Rikki Davidoff
Assistant Corporation Counsel
Contact: Tristan Montaque
(212) 356-2772
TO:
Andrew D. Weitz, Esq. BARTLETT, McDONOUGH
BERKOWITZ & WEITZ, P.C. MONAGHAN, LLP
225 Broadway, Suite 1606 170 Old Country Road
New York, New York, 10007 Mineola, New York 11501
Attorneys for Plaintiff Attorneys for Defendants
SANDRA ENGELMAN SAFEWAY CONSTRUCTIO
ENERPRISES, INC and
3 of 4 CONSOLIDATED EDISO
FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018
Index No. 151665/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SANDRA ENGELMAN,
Plaintiff,
- against -
THE CITY OF NEW YORK and CONSOLIDATED EDISON
COMPANY OF NEW YORK,
Defendants.
CONSOLIDATED EDISON COMPANY OF NEW YORK,
Third Party Plaintiff,
- against -
SAFEWAY CONSTRUCTION ENTERPRISES, INC.,
Third Party Defendant.
NOTICE OF MOTION AND AFFIRMATION IN SUPPORT
ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for the City of New York
100 Church Street
New York, New York 10007
Contact: Tristan Montaque
Tel: (212) 356-2772
LD# 2014-008779
Due and timely service is hereby admitted.
New York, N.Y. 2018.
..........................................,
........................................................................Esq.
Attorney for............................................................
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Preview
FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------x SANDRA ENGELMAN, AFFIRMATION IN SUPPORT Plaintiff, - against - Index #: 151665/2014 THE CITY OF NEW YORK and CONSOLIDATED L.D. #: 2014-008779 EDISON COMPANY OF NEW YORK, INC., Return Date: Sept. 21, 2018 Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third Party Plaintiff, - against - SAFEWAY CONSTRUCTION ENTERPRISES, Third Party Defendant. _______-________..---_________________-_____________________________..--X RIKKI DAVIDOFF, an attorney admitted to practice in New York and an Assistant Corporation Counsel of the City of New York, affirms the truth of the following under penalty of perjury pursuant to C.P.L.R. 2106, upon information and belief based upon the files and records maintained in the Office of the Corporation Counsel. 1. This Affirmation is submitted by Defendant, THE CITY OF NEW YORK (hereinafter "the City") in support of its motion which seeks an Order pursuant to CPLR § 3126(3) dismissing Plaintiff's Complaint against Defendant THE CITY OF NEW YORK, and Defendants' any and all cross-claims, based upon Plaintiff's willful failure to comply with -3- 1 of 4 FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018 discovery demands; or, alternatively, an Order pursuant to CPLR § 2126(2) precluding Plaintiff from offering any evidence at the trial of this action based upon Plaintiff's willful failure to Defendants' comply with discovery demands; or, alternatively, an Order pursuant to CPLR § Defendants' 3124 compelling Plaintiff to comply with discovery demands; and, for such other and further relief as this Court may deem just and proper. 2. This is an action for personal injuries claimed to have been sustained by Plaintiff Sandra Engelman (hereinafter "Plaintiff") on or about March 9, 2013 when Plaintiff allegedly tripped and fell in the crosswalk at the intersection of Seventh Avenue and 45th Street. See Plaintiff's Notice of Claim, annexed hereto as Exhibit A. 3. For the sake of brevity and judicial economy, the City incorporates by reference the procedural history, all of the arguments and exhibits made by Co-Defendants SAFEWAY CONSTRUCTION ENTERPRISES and CONSOLIDATED EDISON COMPANY OF NEW YORK, in their motion to strike Plaintiff's Complaint. 4. Plaintiff's willful failure to comply with discovery demands also prejudices the City, as these same documents are necessary and material to the defense of this Co-Defendants' matter. See motion at ¶ 13-14. -4- 2 of 4 FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018 WHEREFORE, it is respectfully requested that Plaintiff's dismissed in its entirety, that all claims and cross claims against the City be such other and further relief as this Court deems just and proper. Dated: New York, New York August 21, 2018 HARY W. CART Corporation Counsel for the City Attorney for the Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 By: Rikki Davidoff Assistant Corporation Counsel Contact: Tristan Montaque (212) 356-2772 TO: Andrew D. Weitz, Esq. BARTLETT, McDONOUGH BERKOWITZ & WEITZ, P.C. MONAGHAN, LLP 225 Broadway, Suite 1606 170 Old Country Road New York, New York, 10007 Mineola, New York 11501 Attorneys for Plaintiff Attorneys for Defendants SANDRA ENGELMAN SAFEWAY CONSTRUCTIO ENERPRISES, INC and 3 of 4 CONSOLIDATED EDISO FILED: NEW YORK COUNTY CLERK 08/21/2018 05:01 PM INDEX NO. 151665/2014 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 08/21/2018 Index No. 151665/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SANDRA ENGELMAN, Plaintiff, - against - THE CITY OF NEW YORK and CONSOLIDATED EDISON COMPANY OF NEW YORK, Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, Third Party Plaintiff, - against - SAFEWAY CONSTRUCTION ENTERPRISES, INC., Third Party Defendant. NOTICE OF MOTION AND AFFIRMATION IN SUPPORT ZACHARY W. CARTER Corporation Counsel of the City of New York Attorney for the City of New York 100 Church Street New York, New York 10007 Contact: Tristan Montaque Tel: (212) 356-2772 LD# 2014-008779 Due and timely service is hereby admitted. New York, N.Y. 2018. .........................................., ........................................................................Esq. Attorney for............................................................ 4 of 4