FILED: CHEMUNG COUNTY CLERK 04/01/2024 12:12 PM
`NYSCEF DOC. NO. 56
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 04/01/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREECE MOORE
`
`X
`:
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`
`
`INDEX NO. 2023/5539
`
`AFFIRMATION
`IN SUPPORT
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendants.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
`
`
`
`X
`
`
`
`JAMES A. WESCO, ESQ., being an attorney duly admitted to practice in the Courts of
`
`the State of New York, affirms the following, pursuant to CPLR §2106, upon information and
`
`belief, under the penalties of perjury:
`
`1.
`
`I am an attorney with the law firm of Weber Gallagher Simpson Stapleton Fires &
`
`Newby, LLP, attorneys for the defendants Duke Hur, J.B. Hunt Transport, Inc., and Costco
`
`Wholesale Corporation (“moving defendants”), and am fully familiar with the facts,
`
`circumstances, pleadings, and proceedings heretofore had herein.
`
`2.
`
`This affirmation is respectfully submitted in Support of moving defendants’ request
`
`for an Order pursuant to CPLR §2004, requesting an extension of the deadlines set forth in this
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`Court’s Preliminary Conference Order, dated September 29, 2023, by 30 days.
`
`3.
`
`Counsel for moving defendants conferred with the attorneys for plaintiff and
`
`defendant, Lesha P. Massoup. All counsel consent to the instant motion.
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`4.
`
`This is an action to recover damages for personal injuries that Plaintiff allegedly
`
`sustained from a November 12, 2021 motor vehicle accident.
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`1 of 4
`
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`NYSCEF DOC. NO. 56
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREECE MOORE
`
`X
`:
`
`
`
`INDEX NO. 2023/5539
`
`AFFIRMATION
`IN SUPPORT
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendants.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
`
`
`
`X
`
`
`
`JAMES A. WESCO, ESQ., being an attorney duly admitted to practice in the Courts of
`
`the State of New York, affirms the following, pursuant to CPLR §2106, upon information and
`
`belief, under the penalties of perjury:
`
`1.
`
`I am an attorney with the law firm of Weber Gallagher Simpson Stapleton Fires &
`
`Newby, LLP, attorneys for the defendants Duke Hur, J.B. Hunt Transport, Inc., and Costco
`
`Wholesale Corporation (“moving defendants”), and am fully familiar with the facts,
`
`circumstances, pleadings, and proceedings heretofore had herein.
`
`2.
`
`This affirmation is respectfully submitted in Support of moving defendants’ request
`
`for an Order pursuant to CPLR §2004, requesting an extension of the deadlines set forth in this
`
`Court’s Preliminary Conference Order, dated September 29, 2023, by 30 days.
`
`3.
`
`Counsel for moving defendants conferred with the attorneys for plaintiff and
`
`defendant, Lesha P. Massoup. All counsel consent to the instant motion.
`
`4.
`
`This is an action to recover damages for personal injuries that Plaintiff allegedly
`
`sustained from a November 12, 2021 motor vehicle accident.
`
`1 of 4
`
`
`
`FILED: CHEMUNG COUNTY CLERK 04/01/2024 12:12 PM
`NYSCEF DOC. NO. 56
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 04/01/2024
`
`5.
`
`This action was commenced by the filing of a Summons and Complaint on July 25,
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`2023. On August 24, 2023, defendants Duke Hur and J.B. Hunt Transport, Inc. filed their Answer
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`to the Complaint. On September 6, 2023, defendant Costco Wholesale Corporation filed its
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`Answer to the Complaint.
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`6.
`
`On September 29, 2023, this Court issued the Preliminary Conference Order
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`requiring (i) that all discovery, including depositions, shall be completed by March 29, 2024; and
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`(ii) that plaintiff shall file a trial Note of Issue/Certificate of Readiness on or before April 12, 2024.
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`The September 29, 2023 Preliminary Conference Order is annexed hereto as Exhibit “A.”
`
`7.
`
`Since the Preliminary Conference Order, the parties have worked diligently in
`
`completing discovery in this matter, as outlined below, but additional time will be required to
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`complete the remaining discovery.
`
`8.
`
`The parties exchanged initial written discovery, document productions, plaintiff’s
`
`deposition on November 20, 2023, defendant Lesha Massoup’s deposition on December 4, 2023,
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`defendant Duke Hur’s deposition on December 5, 2023, and the exchange of post deposition
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`demand responses.
`
`9.
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`Further, moving defendants served subpoenas upon the following 13 third parties,
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`several responses of which remain pending: Lowes, Mercy Medical Cetner, Hostin Orthopaedics
`
`& Sports Medicine, PC, Andrew Merola, MD, Macintosh Medical PC, Tristate Chiropractic,
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`American Medical Initiatives, Blessed Hands Chiropractic, Aspire Wellness Physical, Progressive
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`Insurance, Port Authority of NY & NJ, Jaime Gutierrez, MD, and Michael Daniel Jeannition, DC.
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`10.
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`Further, moving defendants scheduled plaintiff’s independent medical examination
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`with Vito Loguidice, MD on Friday, April 5, 2024 at 9:00 a.m. Moving defendants’ medical expert
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`2 of 4
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`FILED: CHEMUNG COUNTY CLERK 04/01/2024 12:12 PM
`NYSCEF DOC. NO. 56
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 04/01/2024
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`was not available on or before the current discovery deadline of March 29, 2024. Moving
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`defendants’ notice of IME is annexed hereto as Exhibit “B.”
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`11.
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`Further, defendant Lesha Massoup is serving or has served a subpoena on the Port
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`Authority officer who was present at the time of the accident, to obtain relevant and material
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`deposition testimony.
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`12.
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`This Court may grant an extension of the deadlines set forth in the Preliminary
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`Conference Order. CPLR §2004 states, in pertinent part, “the court may extend the time fixed by
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`any statute, rule or order for doing any act, upon such terms as may be just and upon good cause
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`shown, whether the application for extension is made before or after the expiration of the time
`
`fixed.”
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`13.
`
`Despite the parties’ diligent efforts at completing the above-referenced discovery,
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`additional time will be required to complete: (i) plaintiff’s independent medical examination; and
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`(ii) the deposition of the non-party Port Authority officer.
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`WHEREFORE, moving defendants, jointly with all parties in this matter, respectfully
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`request that this Honorable Court grant the relief sought herein for an Order pursuant to CPLR
`
`§2004, extending the deadlines set forth in the Preliminary Conference Order by 30 days.
`
`3 of 4
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`
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`FILED: CHEMUNG COUNTY CLERK 04/01/2024 12:12 PM
`NYSCEF DOC. NO. 56
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 04/01/2024
`
`Dated: March 29, 2024
`New York, New York.
`
`WEBER GALLAGHER SIMPSON
`STAPLETON FIRES & NEWBY LLP
`
`
`
`By:
`JAMES A. WESCOE
`Attorneys for Defendants
`Duke Hur, J.B. Hunt Transport, Inc., and Costco
`Wholesale Corporation
`1500 Broadway, Suite 2401
`New York, New York 10036
`Phone: (929) 342-6000
`Fax: (929) 342-6001
`
`
`
`
`
`TO (Via ECF):
`
`THE PARIS LAW GROUP, P.C.
`Attorneys for Plaintiff
`Deborah Lara, Esq.
`60 East 42nd Street, Suite 4000
`New York, New York 10165
`(212) 970-8754
`
`LAW OFFICE OF KEITHER D. MILLER
`Attorneys for Defendant Lesha P. Massoup
`1000 7th North Street, Suite 120
`Liverpool, NY 13088
`(315) 701-5768
`
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`4 of 4
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