Motion-Secondary: Leib Weiss v. Stuart M. Weiss, Promed Corinthian, Llc

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                                FILED:      NEW         YORK        COUNTY          CLERK         0372072015                 02:48         PM             INL           0    159120/2012©
NYSCEF   DOC.     NO.    49                                                          i                             RECEIVED     NYSCEF:          03/20/2015
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                File No.: 20652
                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK
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                LEIB WEISS,
                                          Plaintiff (s),                                                    AFFIRMATION IN
                              -against-                                                                       OPPOSITION

                STUART M. WEISS AND PROMED CORINTHIAN,                                                     Index #: 159120/2012
                LLC,
                                          Defendant(s).
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                STUART M. WEISS,

                                          Defendant/Third-Party Plaintiff,

                              -against-

                PROMED CORINTHIAN, LLC,

                                          Third-Party Defendant.
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            STATE OF NEW YORK)
            COUNTY OF NEW YORK) SS.:

                        Herbert S. Subin, Esq., an attorney duly admitted to practice before the courts of this

            State, and associated with the firm of SUBIN                      ASSOCIATES,            LLP, attorneys for the plaintiff,

            affirms the following to be true under the penalties of perjury:

                        That I am associated with the attorney for the plaintiff herein and am familiar with the

           facts and circumstances herein, except as to those alleged upon information and belief, and as to

           those I verily believe them to be true.
                                                                                                                                                              i‘

                        ThatI submit this affirmation in opposition to defendant/third-party defendant PROMED

            CORINTHIAN,             LLC’s        (“PROMED)        motion     to dismiss plaintiff's Complaint            for failure to

           provide outstanding discovery.

                        The defendant/third-defendant PROMED’s motion should be denied in all respects.

                        Defendant/third-party          defendant       PROMED’s             motion    is   moot.   Plaintiffs    Bill       of
Particulars and Combined Response to Discovery and Inspection is annexed hereto as Exhibit

“A”, and being served simultaneously with plaintiffs opposition.

                                             CONCLUSION

          For the foregoing reasons, the defendant/third-party defendant PROMED’s motion should

be denied in its entirety.

          WHEREFORE,         it is respectfully requested that the defendant’s motion be denied in all
respects together with such other and further relief as to this Honorable Court may seem just and
proper.

Dated:           New York, New York
                 March 19, 2015


                                                           Herbert S. Subin, Esq.




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