On July 26, 2019 a
Motion-Secondary
was filed
involving a dispute between
Abel Hernandez,
and
Claudio Garcia,
Quest Bam April 2016 Llc,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
ABEL HERNANDEZ,
Index No.: 157343/2019
Plaintiff,
-against- ATTORNEY’S AFFIRMATION
IN SUPPORT
CLAUDIO GARCIA and QUEST BAM APRIL 2016
LLC.,
Defendants.
--------------------------------------------------------------------X
BRIAN S. LENT, an attorney admitted to practice before the courts of this State, affirms
the following to be true under penalties of perjury:
1. I am associated with BAMUNDO ZWAL SCHERMERHORN & CAFFREY, LLP
attorneys for the Defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC., and
I am familiar with the circumstances giving rise to this motion.
2. I submit this Affirmation in support of the within motion which seeks an Order (1)
compelling plaintiffs to provide responses to defendants’ Demand for a Verified Bill of Particulars
and Discovery Demands within fourteen (14) days hereof; (2) precluding plaintiffs from testifying
or offering any evidence at trial unless plaintiff supplies responses to all outstanding discovery
within fourteen (14) days hereof; and (3) for such other and further relief as this Court deems just
and proper.
3. This action seeks recovery for personal injuries allegedly sustained by plaintiff as the
result of a motor vehicle accident which took place on February 17, 2017.
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FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020
4. This action was commenced by plaintiffs’ service of a summons and complaint on or
about July 26, 2019 (Exhibit “A”). Issue was joined by defendants CLAUDIO GARCIA and
QUEST BAM APRIL 2016 LLC. by the filing of a Verified Answer on August 18, 2019 (Exhibit
“B”).
5. Together with the aforementioned Answer, defendants served their Demand for a
Verified Bill of Particulars and numerous discovery demands on plaintiffs (copies of these
demands are annexed hereto as Exhibit “B”).
6. To date, plaintiffs have not provided any responses to these demands, nor have plaintiffs
moved for a protective order or to extend the time to respond to these demands.
7. Defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC. have attempted
to obtain these discovery items without the necessity for judicial intervention; however, such
efforts have been in vain, leading to the instant motion (See correspondence dated October 2, 2019,
annexed hereto as Exhibit “C” and correspondence dated October 21, 2019, annexed hereto as
Exhibit “D”). In addition to the letters, we have placed two telephone calls to plaintiff’s counsel
in an attempt to conference the discovery issues prior to seeking court intervention. Neither of the
telephone calls were returned.
8. Given what must be seen as plaintiffs’ willful refusal to provide responses to defendants’
demand for a Verified Bill of Particulars and combined discovery demands, the relief sought is
clearly warranted.
WHEREFORE, it is respectfully requested that this court issue an Order (1) compelling
plaintiffs to provide responses to defendants’ Demand for a Verified Bill of Particulars and
Discovery Demands within fourteen (14) days hereof; (2) precluding plaintiffs from testifying or
offering any evidence at trial unless plaintiff supplies responses to all outstanding discovery within
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FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020
fourteen (14) days hereof; and (3) for such other and further relief as this Court deems just and
proper.
Dated: New York, New York
May 5, 2020
Yours, etc.
BAMUNDO ZWAL SCHERMERHORN &
CAFFREY, LLP
Attorneys for Defendants
CLAUDIO GARCIA and QUEST BAM
APRIL 2016, LLC.
111 John Street, Suite 1100
New York, New York 10038
(212) 608-8840
Our file no: GLI 7203
Brian S. Lent
By: ___________________________________
Brian S. Lent, Esq.
bl@bzslaw.com
TO:
AMI MORGENSTERN
Attorney at Law, PLLC
Attorney for Plaintiff
ABEL HERNANDEZ
40-17 Broadway, 2nd Fl.
P.O. Box 3223
LIC, NY 11103-0223
(718) 777-9595
amilawny@gmail.com
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Document Filed Date
May 08, 2020
Case Filing Date
July 26, 2019
Category
Torts - Motor Vehicle
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Preview
FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X ABEL HERNANDEZ, Index No.: 157343/2019 Plaintiff, -against- ATTORNEY’S AFFIRMATION IN SUPPORT CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC., Defendants. --------------------------------------------------------------------X BRIAN S. LENT, an attorney admitted to practice before the courts of this State, affirms the following to be true under penalties of perjury: 1. I am associated with BAMUNDO ZWAL SCHERMERHORN & CAFFREY, LLP attorneys for the Defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC., and I am familiar with the circumstances giving rise to this motion. 2. I submit this Affirmation in support of the within motion which seeks an Order (1) compelling plaintiffs to provide responses to defendants’ Demand for a Verified Bill of Particulars and Discovery Demands within fourteen (14) days hereof; (2) precluding plaintiffs from testifying or offering any evidence at trial unless plaintiff supplies responses to all outstanding discovery within fourteen (14) days hereof; and (3) for such other and further relief as this Court deems just and proper. 3. This action seeks recovery for personal injuries allegedly sustained by plaintiff as the result of a motor vehicle accident which took place on February 17, 2017. 1 of 3 FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020 4. This action was commenced by plaintiffs’ service of a summons and complaint on or about July 26, 2019 (Exhibit “A”). Issue was joined by defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC. by the filing of a Verified Answer on August 18, 2019 (Exhibit “B”). 5. Together with the aforementioned Answer, defendants served their Demand for a Verified Bill of Particulars and numerous discovery demands on plaintiffs (copies of these demands are annexed hereto as Exhibit “B”). 6. To date, plaintiffs have not provided any responses to these demands, nor have plaintiffs moved for a protective order or to extend the time to respond to these demands. 7. Defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016 LLC. have attempted to obtain these discovery items without the necessity for judicial intervention; however, such efforts have been in vain, leading to the instant motion (See correspondence dated October 2, 2019, annexed hereto as Exhibit “C” and correspondence dated October 21, 2019, annexed hereto as Exhibit “D”). In addition to the letters, we have placed two telephone calls to plaintiff’s counsel in an attempt to conference the discovery issues prior to seeking court intervention. Neither of the telephone calls were returned. 8. Given what must be seen as plaintiffs’ willful refusal to provide responses to defendants’ demand for a Verified Bill of Particulars and combined discovery demands, the relief sought is clearly warranted. WHEREFORE, it is respectfully requested that this court issue an Order (1) compelling plaintiffs to provide responses to defendants’ Demand for a Verified Bill of Particulars and Discovery Demands within fourteen (14) days hereof; (2) precluding plaintiffs from testifying or offering any evidence at trial unless plaintiff supplies responses to all outstanding discovery within 2 of 3 FILED: NEW YORK COUNTY CLERK 05/08/2020 12:13 PM INDEX NO. 157343/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2020 fourteen (14) days hereof; and (3) for such other and further relief as this Court deems just and proper. Dated: New York, New York May 5, 2020 Yours, etc. BAMUNDO ZWAL SCHERMERHORN & CAFFREY, LLP Attorneys for Defendants CLAUDIO GARCIA and QUEST BAM APRIL 2016, LLC. 111 John Street, Suite 1100 New York, New York 10038 (212) 608-8840 Our file no: GLI 7203 Brian S. Lent By: ___________________________________ Brian S. Lent, Esq. bl@bzslaw.com TO: AMI MORGENSTERN Attorney at Law, PLLC Attorney for Plaintiff ABEL HERNANDEZ 40-17 Broadway, 2nd Fl. P.O. Box 3223 LIC, NY 11103-0223 (718) 777-9595 amilawny@gmail.com 3 of 3