FILED: KINGS COUNTY CLERK 04/07/2016
`NYSCEF DOC. NO. 1
`
`INDEX NO. 507231/2016
`
`RECEIVED NYSCEF: 05/04/2016
`
`1 of 310
`
`

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`are denied as academic.
`
`By Decision and Order entered on December 15, 2015, the Appellate Division, First Department,
`
`directed that venue in this action be changed from Bronx County to Kings County. The Court found that
`
`a change in venue was appropriate when the plaintiff discontinued her action against the only party with
`
`any connection to Bronx County and which had no connection to the underlying accident. In the interest
`
`of comity and proper procedure, the merits ofthe instant motion and cross-motion should not be considered
`
`by this Court, but by the transferee court in Kings County (see Ryback v. Lomenzo, 38 AD2d 915 [IS‘ Dept
`
`1972] and Rosenblatt v. Sait, 34 AD2d 238 [lS‘ Dept 1970]). Otherwise, this Court would be passing on
`
`the merits of an action which should not have been brought in Bronx County.
`
`Accordingly, it is hereby
`
`ORDERED, that this motion and cross-motion are denied in their entirety as academic; and it is
`
`further
`
`ORDERED, that this motion and cross-motion may be renewed in Kings County following transfer
`
`of this action in accordance with the Order of the Appellate Division.
`
`The foregoing constitutes the Decision and Order of this Court.
`
`DATED:
`
`‘j I "l / l C:
`
`i
`
`/2
`
`Bronx, New York
`
`HON. LAURA .DOUGLAS
`
`J.S.C.
`
`Page 2 of 2
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`2 of 310
`2 of 310
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`NEW YORK SUPREME COURT - COUNTY OF BRONX
`
`
`
`D 1
`Case Disposed
`[I]
`3
`Settle Order
`Schedule Appearance D 3
`_ H N
`1
`
`PARTXI |
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`---------------------------------------------------------------X
`
`COUNTY OF BRONX:
`
`
`SCUORZO,MICHELLE
`
`Index N2.
`
`0020812/2012E
`
`-against
`
`Hon.
`
`SAFDAR,LUQMAN Justice.
`...............................................................--X ‘*“*'
`
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`
`
`PAPERS NUMBERED
`
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`
`
`
`
`
`
`Memoranda of Law
`
`is motion, COMPEL
`The following papers numbered 1 to ff
`Noticed on October 30 2015 and dul
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`on the Motion Calendar of
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`Bronx County Supreme Court
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`Caee Caption: Michelle Scuorzo - v. - Luqman Safdar et al
`Lizbeth Gonzalez
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`Created on:O4/O8/2016 03:20 PM
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`
`4 of 310
`4 of 310
`
`Page 1 of 1
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`

`

`FILED: BRONX COUNTY CLERK 102015 05=15 PM
`NYSCEF DOC. NO. 224
`
`INDEX NO. 20812/20l2E
`RECEIVED NYSCEF:
`
`10/O6/2015
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`MICHELLE SCUORZO,
`
`Plaintiffl
`
`Index No.: 20812-2012
`
`-against-
`
`NOTICE OF MOTION
`
`LUQMAN SAFDAR, FAYYAZ AHMAD, BIG
`APPLE CAR, INC., CITYWIDE MOBILE
`RESPONSE CORP., TRANSCARE AMBULANCE
`CORP., JOHN DOE, JANE DOE and ABC CORP.
`
`Defendants.
`
`Hon. Laura G. Douglas
`
` w 30”‘ day ofOctober 2015, at 9:30 o’clocl< ofthe forenoon ofthat day, or as soon thereafter as
`Ct \ N /
`counsel can be heard, for an order, pursuant to CPLR §§3 124 and 3126: 1) compelling Defendant
`Transcare Ambulance Corp. to provide responses to Plaintiffs discovery demands; namely the
`contract between Transcare Ambulance Corp. and Sports & Entertainment Physicians and the
`
`5 of 310
`5 of 310
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`

`

`O
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY or BRONX
`MICHELLE SCUORZO,
`
`A
`
`Plaintiff,
`
`Index No.: 20812-2012
`
`-against-
`
`NOTICE OF MOTION
`
`LUQMAN SAFDAR, FAYYAZ AHMAD, BIG
`APPLE CAR, INC., CITYWIDE MOBILE
`
`RESPONSE CORP., TRANSCARE AMBULANCE
`
`CORP., JOHN DOE, JANE DOE and ABC CORP.
`
`Defendants.
`
`Hon. Laura G. Douglas
`
`PLEASE TAKE NOTICE, that upon the annexed affinnation of Curtis B. Gilfillan,
`
`Esq., the exhibits attached thereto, and upon all of the pleadings and proceedings heretofore had
`
`herein, Plaintiff Michelle Scuorzo, by and through her attorneys, Albert Buzzetti & Associates,
`
`LLC, will move in Room 217, located at 851 Grand Concourse, Bronx, New York 10451, on the
`
`-D
`
`30”‘ day of October 2015, at 9:30 o’clock of the forenoon of that day, or as soon thereafter as
`
`counsel can be heard, for arT order, pursuant to CPLR §§3124 and 3126: 1) compelling Defendant
`
`Transcare Ambulance Corp. to provide responses to Plaintiff’s discovery demands; namely the
`
`contract between Transcare Ambulance Corp. and Sports & Entertainment Physicians and the
`
`Transcare Ambulance Corp. personnel logbook for Madison Square Garden; 2) alternatively, for
`
`an order finding those issues to which the disputed discovery is relevant be deemed resolved in
`
`Plaintiffs favor; 3) alternatively, for an order prohibiting and/or precluding Defendants from
`
`supporting or opposing claims or defenses to which the disputed discovery is relevant and from
`
`producing any of the disputed items as demanded into evidence or other use in any substantive
`
`motion prior to or at trial; together with such other, further and different relief that this Court
`
`1\
`J
`6 of \3l.-0/
`6 of 310
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`may deem just and proper, including but not limited to the costs and attorneys fees incurred in the
`
`making of the instant motion.
`
`PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be
`
`served on the undersigned within seven (7) days prior to the return date of the within motion.
`
`Dated: Englewood Cliffs, NJ
`October 2, 2015
`
`ALBERT BUZZETTI & ASSOCIATES, LLC
`
`(Lad:l
`
`Curtis B. Gilfillan, Esq.
`Attorneys for Plaintiff
`Michelle Scuorzo
`
`475 Sylvan Ave.
`Englewood Cliffs, NJ 07632
`(201) 816-3733
`
`TO:
`
`Joelle T. Jensen, Esq.
`LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
`
`Attorneys for Defendant
`Transcare Ambulance Corp.
`77 Water Street, Suite 2100
`
`New York, NY 10005
`
`(212) 232-1300
`
`Vincent Terrasi, Esq.
`WADE CLARK & MULCAHY
`
`Attorneys for Defendant
`Big Apple Car, Inc.
`111 Broadway, 9”‘ Floor
`New York, NY 10006
`
`(212)267-1900
`
`7 of 310
`7 of 310
`
`

`

`Nancy Isserlis, Esq.
`LAW OFFICES OF NANCY L. ISSERLIS
`
`Attorneys for Defendants
`Luqman Safdar and Fayyaz Ahmad
`36-01 43'“ Avenue
`
`Long Island City, NY 11101
`(718) 361-1514
`
`8 of 310
`8 of 310
`
`

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`9 of 310.
`9 of 310
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`
`MICHELLE SCUORZO,
`
`Plaintiff,
`
`Index No.: 20812-2012
`
`-against-
`
`AFFIRMATION OF
`GOOD FAITH
`
`LUQMAN SAFDAR, FAYYAZ AHMAD, BIG
`APPLE CAR, lNC., CITYWIDE MOBILE
`
`RESPONSE CORP., TRANSCARE AMBULANCE
`
`CORP., JOHN DOE, JANE DOE and ABC CORP.
`
`Defendants.
`
`CURTIS B. GILFILLAN, ESQ., an attorney duly admitted to practice law by and
`
`before the Courts of the State of New York, hereby affirms under the penalty of perjury:
`
`1.
`
`I am associated with the law firm of Albert Buzzetti & Associates, LLC, attorneys for the
`
`Plaintiff in the above-referenced matter. As such, I am familiar with the facts and
`
`circumstances surrounding this matter based on a review of the file maintained by my
`
`office and my participation in the proceedings heretofore had herein.
`
`2.
`
`I submit this affirmation of Good Faith in further support of Plaintiffs motion for an
`
`order pursuant to CPLR §§3 124 and 3126: 1) compelling Defendant Transcare
`
`Ambulance Corp. to provide responses to Plaintiffs discovery demands,; namely the
`
`contract between Transcare Ambulance Corp. and Sports & Entertainment Physicians and
`
`the Transcare Ambulance Corp. personnel logbook for Madison Square Garden; 2)
`
`10 of 310
`
`

`

`alternatively, for an order finding those issues to which the disputed discovery is relevant
`
`be deemed resolved in Plaintiff’s favor; 3) alternatively, for an order prohibiting and/or
`
`precluding Defendants from supporting or opposing claims or defenses to which the
`
`disputed discovery is relevant and from producing any of the disputed items as demanded
`
`into evidence or other use in any substantive motion prior to or at trial; together with such
`
`other, further and different relief that this Court may deem just and proper, including but
`
`not limited to the costs and attorneys fees incurred in the making of the instant motion.
`
`The undersigned has conferred with counsel for the opposing parties in this action in a
`
`good faith effort, pursuant to 22 NYCRR §202.7, to resolve the discovery disputes and
`
`issues raised by the accompanying motion through the mservice of various discovery
`
`demands with repeated objections made thereto and in follow—up e-mail and written
`
`correspondence dated September 25, 2015. A copy of the September 25, 2015 good faith
`
`letter is annexed hereto as Exhibit “A”.
`
`Despite the above good faith communications, no resolution to the discovery issues were
`
`reached with the Defendant, and therefore, Court intervention is necessary.
`
`11 of 310
`11 of 310
`
`

`

`WHEREFORE, it is respectfully requested that Plaintiffs motion be granted in its
`
`entirety, together with such other, further and different relief as this Court deems just and proper,
`
`including an award of counsel fees and costs relative to the making of the instant motion.
`
`Dated: Englewood Cliffs, NJ
`October 2, 2015
`
` ék
`
`
`
`sq.
`Curtis B. Gilfillan,
`Albert Buzzetti & Associates, LLC
`
`Attorneys for Plaintiff
`Michelle Scuorzo
`
`467 Sylvan Avenue
`Englewood Cliffs, NJ 07632
`(201) 816-3733
`
`TO:
`
`Joelle T. Jensen, Esq.
`LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
`
`Attorneys for Defendant
`Transcare Ambulance Corp.
`77 Water Street, Suite 2100
`
`New York, NY 10005
`
`(212) 232-1300
`
`Vincent Terrasi, Esq.
`WADE CLARK & MULCAHY
`
`Attorneys for Defendant
`Big Apple Car, Inc.
`1 1 1 Broadway, 9"‘ Floor
`New York, NY 10006
`
`(212) 267-1900
`
`Nancy Isserlis, Esq.
`LAW OFFICES OF NANCY L. ISSERLIS
`
`Attorneys for Defendants
`Luqman Safdar and Fayyaz Ahmad
`36-01 43“ Avenue
`
`Long Island City, NY 11101
`(718) 361-1514
`
`12 of 310
`12 of 310
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`

`

`
`
`13 of 310
`13 of 310
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`

`12
`'
`20812 V
`IWWNO-l
`SUPREME ecouwr OFLTHEL. §*EATE”’61é
`COUNTY or BRONX ‘
`'
`
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`MICHELLE SCUOR Z0 5
`
`Plaintiff,
`
`—against_
`
`INC. ,
`V-LUQMAN SAFDAR, CFAYYAZ AHMAD, BIG APPLE CAR,
`CITYWIDE MOBILE RESPONSE CORP. , TRANSCARE AMBULANCE
`. C(_)RP.t,
`J01,-IN DOE,
`JANE DOE and ABC CORP.,
`
`Defenflants.
`
`AAFFIRHMJATION OF GOOD FAITH
`
` V
`
`ALBERT BUzzm*rI&Assoc1A'rEs, L.L.C.
`A”°mey‘f°'Plainti ff
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`‘Pursuant to 22 NYCRR 130-1.1-a, the undersignad,_an attorney admitted to practice in the courts ofNew York State,
`certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed
`document are not_frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not
`obtained through illegal conduct, or that ‘ifit wag the attorney or herpersons me :o .
`.« rithe illegal conduct are
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`Senrioeofacojiy ofthe within
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`is hereby admitted
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`' Dated:
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`At¥0mey(s)for _
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`Attorneys for ’
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`ALBERT BUZZETTI & ASSOCIATES, L.L.C.
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`14 of 310
`14 of 310
`
`Dated:.........
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`a
`
`ALBERT BUZZETTI & ASSOCIATES, L.L.C.
`ATTORNEYS AT LAW
`
`ALBERT BUzzETr1 *°
`JOHN F_ GOLDEN .0
`JACQUELINE A. BUZZETN1
`EDWARD J. BRUTON, _JR.*°
`STEVEN M_ DAVIS;
`CURTIS
`GILFILLAN *1
`
`467 SYLVANAVENUE, ENCLEWOOD CLIFFS, NJ 07632
`TELEPHONE (201) 816-3733 0 FAcs1M1LE (201) 816-3644
`T '
`
`521 FIFTH AVENUE, SUITE 1700, NEW YORK, NY 10175
`TELEPHONE
`
`MEMBER OF,
`N] & NY BARS .
`NJ Bin‘
`NY BAR T
`1
`PA 3”‘
`PARTNE.R°
`
`September 25, 2015
`
`Lewis, Brisbois, Bisgaard & Smith, LLP
`
`77 Water Street, Suite 2100
`
`New York, New York 10005
`
`Attn: Joelle Jensen, Esq.
`
`Re:
`
`Scuorzo V. Safdar, et al.
`
`Index No:
`
`20812/2012
`
`Our File No.:
`
`10085
`
`Dear Ms. Jensen:
`
`Please find this as the undersigned’s good faith attempt to resolve the outstanding
`discovery dispute relative to the personnel logs for the day in question as prepared by
`Transcare which indicate the ambulance personnel and staffing present at MSG. To date
`I have received no further supplemental response to my March 27, 2015 post deposition
`demand now that your employee Julia Villa testified to the specific current location of the
`logs in question, nor have I received a response from you to my September 4, 2015 Notice
`for Physical Inspection of same personnel logs. In light of the long-standing demands and
`requests for these records, I will be forced to seek Court intervention to gain access to these
`documents/log books if they are not produced within the next 5 business days. Such good
`faith correspondence is being forwarded to you at this time so that all discovery, and
`necessary motion practice regarding same may be completed by or before the Note of Issue
`deadline of November 30, 2015.
`
`Thank you for your time and attention to this matter.
`
`V }ytruly}
`
`Curtis B. Gilfillan
`
`CBG/lf
`
`cc:
`
`Law Office of Nancy Isserlis
`Wade Clark Mulcahy
`
`15 of 310
`15 of 310
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`

`Q
`
`C
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`
`MICHELLE SCUORZO,
`
`Plaintiff,
`
`Index No.: 20812-2012
`
`-against-
`
`AFFIRMATION IN SUPPORT
`
`LUQMAN SAFDAR, FAYYAZ AHMAD, BIG
`
`APPLE CAR, INC., CITYWIDE MOBIL
`
`RESPONSE CORP., TRANSCARE AMBULANCE
`
`CORP., JOHN DOE, JANE DOE and ABC CORP.
`
`Defendants.
`
`CURTIS B. GILFILLAN, ESQ., an attorney duly admitted to practice law by and
`
`before the Courts of the State of New York, hereby affirms under the penalty of perjury:
`
`1.
`
`I am associated with the law firm of Albert Buzzetti & Associates, LLC, attorneys for the
`
`Plaintiff in the above-referenced matter. As such, I am familiar with the facts and
`
`circumstances surrounding this matter based on a review of the file maintained by my
`
`office and my participation in the proceedings heretofore had herein.
`
`2.
`
`I submit this affirrnation is support of Plaintiffs motion for an order pursuant to CPLR
`
`§§3 124 and 3126: 1) compelling Defendant Transcare Ambulance Corp. to provide
`
`responses to Plaintiffs discovery demands; namely the contract between Transcare
`
`Ambulance Corp. and Sports & Entertainment Physicians and the Transcare Ambulance
`
`Corp. personnel logbook for Madison Square Garden; 2) alternatively, for an order
`
`finding those issues to which the disputed discovery is relevant to be deemed resolved in
`
`
`
`16 of 310
`16 of 310
`
`

`

`Q
`
`0
`
`Plaintiffs favor; 3) alternatively, for an order prohibiting and/or precluding Defendants
`
`from supporting or opposing claims or defenses to which the disputed discovery is
`
`relevant and from producing any of the disputed items as demanded into evidence or
`
`other use in ant substantive motion prior to or at trial; together with such other, further
`
`and different relief that this Court may deem just and proper, including but not limited to
`
`the costs and attorneys fees incurred in the making of the instant motion.
`
`The underlying action arises from an automobile accident which occurred on March 11,
`
`2010, at approximately 5:15 p.m. when a livery cab owned by Fayyaz Ahmad, driven by
`
`Luqman Safdar as agents of Big Apple Car, Inc. swerved to avoid a Transcare Ambulance
`
`Corp. (hereinafter “Transcare”) ambulance, improperly operating in an emergent manner
`
`in response to a non-emergent scenario, and/or in due disregard for the circumstances
`
`then existing, that drove into the intersection against a red light, resulting in the livery cab
`
`operated by Luqman Safdar jumping the sidewalk and striking the Plaintiff, Michelle
`
`Scuorzo causing her severe and permanent injuries, necessitating 9 separate surgical
`
`procedures.
`
`Plaintiff initiated the instant Bronx County action by the filing of a Summons and
`
`Complaint on or about May 4, 2012. A copy of the Summons and Complaint is annexed
`
`hereto as Exhibit “A.”
`
`The Defendants, Luqman Safdar, Fayyaz Ahmad, Big Apple Car, Inc., Citywide Mobile
`
`Response Corp., and Transcare Ambulance Corp. all interposed Answers to the Plaintiffs
`
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`Complaint between June 6, 2012, and July 17, 2012. Copies of said Answers are
`
`collectively annexed hereto as Exhibit “B”, as is a copy of the Stipulation of
`
`Discontinuance without Prejudice releasing Citywide as an active defendant in the
`
`litigation.
`
`On March 17, 2015, shortly after further Transcare deposition witness David Konig
`
`testified, Plaintiff served on Defendant Trancare a Post Deposition Notice for Discovery
`
`and Inspection, which contained among other things demands for the contract between
`
`Transcare and Sports & Entertainment Physicians and for the Transcare personnel log for
`
`Madison Square Garden for the day of the accident March 1 1, 2010, all as testified to by
`
`David Konig. A copy of Plaintiffs Post-Deposition Notice for Discovery and Inspection
`
`as to Transcare and Testimony of David Konig is annexed hereto as Exhibit “C”.
`
`The contract and personnel log in question are essential evidence to Plaintiffs claims as
`
`against Transcare in the instant lawsuit wherein Plaintiff alleges the improper emergency
`
`response by a Transcare ambulance to Madison Square Garden in a non-emergent
`
`situation. As was uncovered during the extensive course of written discovery and
`
`depositions (most recently during that of David Konig), Transcare had a written contract
`
`for the provision of ambulance services at Madison Square Garden for public events
`
`(such as the Big East Tournament, which Transcare was providing services for on the
`
`date of the accident, and to which the ambulance in question was reporting in emergency
`
`mode) with Sports & Entertainment Physicians, as a sub-contractor, rather than directly
`
`with Madison Square Garden. The contract, upon information and belief set forth the
`
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`number of ambulances required to be at Madison Square Garden for public events at any
`
`given time and as to ambulance response and replacement protocols (e.g. two ambulances
`
`required to be present at all times at public sporting events as per the New York State
`
`regulations and customary industry practice). The terms of the contract would provide
`
`some evidence as to the negligence of Transcare in improperly staffing, maintaining
`
`and/or improperly calling replacement ambulances in an emergent as opposed to non-
`
`emergent mode. Likewise, the Transcare log book (again as testified to by David Konig),
`
`when produced, will provide the names of the actual Transcare personnel who were
`
`present on the day in question. These two pieces of evidence go hand in hand towards
`
`identifying who was supposed to be at Madison Square Garden and who was actually at
`
`Madison Square Garden. The foregoing evidence would show some evidence of
`
`negligence on the part of Transcare when viewed in conjunction with the state
`
`regulations, local regulations, the deposition testimony of Transcare employees as to the
`
`industry custom and practice, and the testimony of the ambulance driver and EMT in
`
`question. The contract and personnel log are material and necessary to the presentation
`
`and proof of Plaintiffs claims and Defendant Transcare ought to have produced them
`
`short of motion practice.
`
`On or about June 15, 2015, Defendant Transcare responded to Plaintiffs Post-Deposition
`
`Notice for Discovery & Inspection as to David Koning, by providing in part that they
`
`could not locate the personnel log in question and outright objected to the production of
`
`the contract between Transcare and Sports & Entertainment Physicians. A copy of
`
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`Defendant’s Response to Post-Deposition Notice for Discovery and Inspection is
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`annexed hereto as Exhibit “D”.
`
`On or about July 22, 2015, Plaintiff served a Sixth Notice for Discovery and Inspection
`
`on Defendant Transcare, again demanding a copy of the contract in question. A copy of
`
`Plaintiffs Sixth Notice for Discovery and Inspection is annexed hereto as Exhibit “E”.
`
`Defendant Transcare provided a Response to same demand on August 20, 2015, wherein
`
`the again objected to and refused to produce the contract in question, despite its material
`
`and necessary nature to the litigation claims pursued by Plaintiff. A copy of Defendant
`
`Transcare’s Response to Plaintiffs Sixth Notice to Produce is annexed hereto as Exhibit
`
`“F?!
`
`10.
`
`On September 4, 2015, following the deposition testimony of yet another Transcare
`
`witness, Julia Villa, which occurred on August 17, 2015 and in which she testified as to
`
`the exact location of the personnel log book in question, Plaintiff served a Notice of
`
`Physical Inspection of said log on Defendant Transcare. A copy of Plaintiff’ s Notice For
`
`Physical Inspection of Roll Call Sign-In Log is annexed hereto as Exhibit “G”.
`
`12.
`
`To date, Defendant Transcare continues to object to the production of the contract in
`
`question and insist that they will only disclose same pursuant to a Court Order. Likewise,
`
`Defendant Transcare has failed to further responded to the prior discovery demands as to
`
`the log book and has not responded to the Physical Inspection Notice which was
`
`returnable on September 24, 2015. Accordingly, Plaintiff made one further and final
`
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`attempt to obtain the above-discovery absent Court intervention by was of e-mail inquiry
`
`and good faith letter, both dated September 25, 2015. A copy of the September 25, 2015
`
`good faith letter is annexed hereto as Exhibit “H”.
`
`13.
`
`Transcare has engaged and continues to engage in wilful and contumacious conduct, by
`
`first denying the existence of, or at least their ability to find, the contract and personnel
`
`log in question, and then once found (after their employee Julia Villa recently testified
`
`that she was aware of and had seen them months ago) refusing to produce them. The
`
`refusal of Transcare to be first unable to “locate”, and then when located to refuse to
`
`produce such core materials to both the operation of their business and more importantly
`
`to the instant lawsuit strains the limits of reason and underscores their obstruction to the
`
`discovery process here. This is not the first motion filed by Plaintiff to obtain discovery
`
`from this Defendant, which ought to have been produced in response to discovery
`
`demands in due course, but which same was refused or objected to and which was
`
`subsequently obtained by Court intervention.
`
`14.
`
`New York has long favored open and far reaching pre-trial discovery. As per the plain
`
`language of CPLR §3101 “[t]here shall be full disclosure of all matter material and
`
`necessary in the prosecution or defense of an action, regardless of the burden of proof.”
`
`Further, the words “material and necessary” as used in the statute are to be interpreted
`
`liberally to require disclosure, when requested, of any facts or other information bearing
`
`on the controversy which will aid in the preparation for trial by sharpening the issues.
`
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`The discovery requested from Transcare here squarely falls within the acceptable scope
`
`of sharpening the issues for trial.
`
`15.
`
`In light of the foregoing, it is clear that Defendant Transcare has wilfully, contumaciously
`
`and intentionally delayed and obstructed the discovery process in this matter, and has
`
`failed to produce substantive discovery in this matter despite clear and numerous
`
`demands for same by the Plaintiff, and co-defendants.
`
`WHEREFORE, it is respectfully requested that Plaintiffs motion be granted in its
`
`entirety, together with such other, further and different relief as this Court deems just and proper,
`
`including an award of counsel fees and costs relative to the making of the instant motion.
`
`Dated: Englewood Cliffs, NJ
`October 2, 2015
`
`
`
`Curtis B. Gilfillan, E q.
`Albert Buzzetti & Associates, LLC
`
`Attorneys for Plaintiff
`Michelle Scuorzo
`
`467 Sylvan Avenue
`Englewood Cliffs, NJ 07632
`(201) 816-3733
`
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`23 of 310
`23 of 310
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`\
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`INDEX N0. 20812/20123
`RECEIVED NYBCEP: 05/04/2012
`
`scram: coast‘ or was svrxrs or mm roux
`COUNY OF BRONX
`
`cu--nnco----goo.-oouc~..nowup-n¢~—uuuuuoo-4-uuuuuuuuu-pg--u...u......, X
`MICHELLE scuonzo,
`
`Plaintifr,
`
`-asainab
`
`menu szmmn; zwzvnz mum, are
`
`APPLE can, mc.; cmmms Means
`
`RESPONSB CORP-I TRANSCARB AMBULANCE
`CORP.;
`JOHN DOE;
`JANE R03; and ABC
`CORPORATION.
`
`Defendants
`no ~ - ~ u n u — — — — us as - — u ~ — - - r ~ ~ - - - a - - — - - . a — ax
`
`To the above named Detendantis}
`
`amass
`
`Index No.:
`
`30%‘) [Daug-
`
`in this
`the complaint
`You are hereby summoned to answer
`action and to serve a copy of your answer, or, it the complaint
`is not
`served with
`this summons,
`to serve
`a notice
`of
`appearance. on the Plaintirfls attorney within 20 days after the
`service of
`this
`summons, exclusive of
`the day of service (or
`within 30 days after the service is complete it
`this summons is
`not personally delivered to you within the state of new York);
`and in case oi’ your failure to appear or answer.
`judgment will
`be taken against you by default for the relief demanded in the
`complaint .
`
`trial-
`the place of
`Plaintitf designates Bronx county _a.s
`'I.'he basis
`or! venue
`is defendant,
`citywide Mobile Response
`Corpus location of its principle office pursuant
`to C.P.L.R.
`503(c).
`
`Dated:
`
`New York, New York
`May 4, 2012
`
`'
`
`Yours. etc. ,
`5.
`
`'aL£JI7
`
`SQ.
`I
`ALBERT BUZZ
`ALBERT BUZZETTI & ASSOCIATES, LLC
`Attorneys for plaintiff
`2 Penn Plaza. - suite 1500
`New York, New York 10121
`(212) 564-9009
`
`25 of 310
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`--an-u...-...
`
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`
`

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`DEFBNDANT8 TO BE SERVED
`
`Big Apple car. Inc.
`169 Bay 17"‘ Street
`Brooklyn, NY 1121.4
`
`Transcare Ambulance corp.
`1 Metzrotech center
`
`Brooklyn. NY 11201-3948
`
`Luqman Samar
`1720 Anmakar Road
`
`Parkville, MD 21234-3715
`
`Payyaz Ahmad
`2115 East: 13'“ street
`Brooklyn, NY 11229
`
`citywide Mobile Response corp.
`1624 st-.111we11 Avenue
`
`Bronx, New York 10461
`
` -an: ....—.____._
`
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`SUPREME COURT OF’ NEW YORK
`COUNTY OF 330)!!!
`e--.---nun-un--cu-——-o-anus:-o--o-guan--X
`HICHELLI ECUORIO.
`
`Plaintiff .
`
`against-
`
`Indox No.
`
`:
`
`LUQKAN SAFDARJ FAYYAZ AHMAD} BIG
`APPLE CAR. INC.) CITYWIDI M0315!
`EIPOKSE CORE;
`TRANBCARE AIIBUI-MICE
`OORPJ JOHN D03)
`JANE ROI; and ABC
`CORPORATIOH.
`
`Delendant (e) .
`u-nu-can-ounce---up. - - u - - — o - - - -
`
`-an-no-aux
`
`g
`
`.0»
`
`
`
`iII 9
`
`The plaintttf, Michelle scuorzo (hereinafter "p1aint:l.££") , by
`
`and through her attorney, Albert Buzzetti, 3sq.,
`
`firom the law firm
`
`of Albert Buzzetsti S: Associates, LLC, by way ot Complaint against
`
`the defendants, hereby alleges and says:
`
` :
`
`1.
`
`Plaintiff, at all relevant times, was and is a resident of the
`
`State of New Jersey and resided at 2 Johnny Drive. 3°”°“9h 01‘-
`
`Farluingdale .
`
`Defendant,
`
`Fayyaz Ahmad, at all
`
`relevant
`
`time.
`
`V-19°“
`
`information and beliet, was and is a. resident of the State Of
`
`New York and resided at 2115 East 136- sweet. soroush of
`
`Brooklyn, county of Kings.
`
`“P011
`times.
`relevant
`Luqman Samar. at all
`Defendant,
`intoxmation and belief, was and is a resident of the state of
`
`New Jeraey and resided at 2125 woodbridge Avenue. Township o£
`
`Edison .
`
`-‘'---—----—.......j—-......__.____,_,.__
`
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`A
`
`'\
`
`Detendant, Big Apple car, Im:., at all relevant times, upon
`
`information and belief, was and is a corporation in the
`
`bu“-‘me’-93 01 P1‘°V151n9’
`
`transportation services
`
`and duly
`
`authorized to transact business and doing business under and
`
`by virtue of the laws of the state of New York with offices
`
`located at 169 Bay 17”‘ street, Borough of Brooklyn. county of
`
`Kings, state of New York.
`
`Defendant. Citywide Mobile Response corp. , at all relevant
`
`times. upon information and belief, was and is a corporation
`
`in the business of providing medical transportation services
`
`.....
`
`and duly authorized to transact business and doing business
`under and by virtue of the laws of the State or New York with
`its principal oitice located at 1624 stillwell Avenue. Borough
`
`of Bronx, county of Bronx, state of New York.
`Defiendant, Transcare Ambulance Corp., at all relevant times,
`upon information and belief, was and is a corporation in the
`business of providing medical transportation services and duly
`authorized to transact business and doing business under and
`by virtue of the laws of the State of New York with offices
`located at 1 Metrotech center, Borough of Brooklyn, County or
`
`Kings, state of New York.
`Detendanthe) , John Doe and Jane aoe are ticcitioua persorde)
`who were unknown owners and/or operators of motor vehicles
`responsible for the accident giving rise to this lawsuit;
`and/or unknown principals,