`NYSCEF DOC. NO. 23
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`INDEX NO. 515590/2021
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`RECEIVED NYSCEF: 01/06/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`VINCENT GUARDINO,
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`-against-
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`STEPHEN BARASCH and LAURA BARASCH,
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`Defendants.
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`---------------------------------------------------------------------X
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`Plaintiff,
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`AFFIRMATION IN
`OPPOSITION
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`Index No.: 515590/2021
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`JOSHUA RAM, an attorney duly admitted to practice before the Courts of the State of New
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`York, affirms the truth of the following under the penalties of perjury:
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`1.
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`I am the attorney for the plaintiff in the above-referenced action and as such, I am fully
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`familiar with the facts and circumstances surrounding this matter.
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`2.
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`This Affirmation is submitted in Opposition to Defendants’ Motion for an Order
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`dismiss Plaintiff’s complaint or alternatively preclude Plaintiff from testifying because Plaintiff has failed
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`to provide discovery in compliance with Defendants’ discovery demands., and for such other and
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`further relief as this Court may deem just and proper.
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`3.
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`For purposes of brevity, plaintiff adopts the procedural history set forth in defendants’
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`affirmation at paragraphs 3-8 with the exception of allegations that Plaintiff has not fully complied with
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`the Preliminary Conference Order dated October 12, 2021.
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`4.
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`To the contrary, the only party that has failed to respond to discovery is the defendant
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`herein. Attached hereto as Exhibit A is a copy of Plaintiff’s discovery responses together with
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`Combined Demands and Notice for Discovery and Inspection.
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`5.
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`Based upon the foregoing, defendants’ motion for an Order dismissing the complaint on
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`the grounds that discovery has not been completed should be denied in its entirety.
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`In view of the above, the within application should be denied in its entirety.
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`6.
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`1 of 2
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`FILED: KINGS COUNTY CLERK 01/06/2022 11:39 AM
`NYSCEF DOC. NO. 23
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`INDEX NO. 515590/2021
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`RECEIVED NYSCEF: 01/06/2022
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`WHEREFORE, plaintiff respectfully requests an Order denying defendants’ Motion in its
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`entirety, and for such other and further relief as this Court deems just and proper.
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`Dated:
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`Melville, New York
`January 6, 2022
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`JOSHUA RAM, ESQ.
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`2 of 2
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