throbber
FILED: NEW YORK COUNTY CLERK 02/28/2022 10:58 AM
`NYSCEF DOC. NO. 19
`
`INDEX NO. 158058/2019
`
`RECEIVED NYSCEF: 02/28/2022
`
`SUPREME
`COUNTY
`
`OF THE STATE
`COURT
`OF NEW YORK
`
`OF NEW YORK
`
`--------
`
`X
`
`CHRISTOPHER
`
`C. RICCIARDELLI,
`
`-against-
`
`Plaintiff,
`
`INDEX
`
`NO.:
`
`158058/2019
`
`NAGPAL
`
`RAKESH
`
`and M.P.J.
`
`CAB
`
`CORP.,
`
`----------------------------------------------------------X
`
`Defendants.
`
`C O U N S E L O R S:
`
`NOTICE
`
`OF MOTION
`
`PLEASE
`
`TAKE
`
`NOTICE
`
`that
`
`upon
`
`the
`
`annexed
`
`Affirmation
`
`of Daniela
`
`F. Henriques,
`
`Esq.
`
`dated
`
`February
`
`28, 2022,
`
`together
`
`with
`
`the
`
`exhibits
`
`annexed
`
`hereto,
`
`and
`
`all prior
`
`pleadings
`
`and
`
`proceedings
`
`heretofore
`
`had
`
`herein,
`
`the
`
`undersigned
`
`will
`
`move
`
`this Court
`
`of
`
`the Supreme
`
`Court
`
`of
`
`the State
`
`of New York,
`
`County
`
`of New York,
`
`I.A.S.
`
`Support
`
`Part
`
`, Room
`
`, at
`
`the Courthouse
`
`located
`
`at 60 Centre
`
`Street,
`
`Motion
`
`Submission
`
`Room 130,
`
`New York,
`
`New York
`
`10007,
`
`on March
`
`25,
`
`2022
`
`at 9:30am
`
`o'clock
`
`in the
`
`forenoon
`
`of
`
`that
`
`for
`
`an Order
`
`day
`
`or as soon
`
`thereafter
`
`as counsel
`
`can
`
`be heard
`
`pursuant
`
`to New York
`
`Civil
`
`Practice
`
`Law and Rules
`
`("CPLR")
`
`§3124
`
`and
`
`§3126
`
`precluding
`
`defendants
`
`NAGPAL
`
`RAKESH
`
`and M.P.J.
`
`CAB
`
`CORP.
`
`from
`
`offering
`
`testimony
`
`at
`
`trial
`
`and
`
`from offering
`
`any
`
`affidavits
`
`as to the
`
`facts
`
`and
`
`circumstances
`
`of
`
`the happening
`
`of
`
`this
`
`accident
`
`in a summary
`
`judgment
`
`motion
`
`due to her
`
`willful
`
`failure
`
`to appear
`
`for Court
`
`directed
`
`depositions
`
`or
`
`in turn
`
`schedule
`
`the same,
`
`and
`
`for
`
`such
`
`other,
`
`further
`
`and
`
`different
`
`relief
`
`as the Court
`
`may
`
`deem just
`
`and proper.
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE
`
`that
`
`pursuant
`
`to CPLR
`
`§2214(b)
`
`answering
`
`affirmations,
`
`if any,
`
`are required
`
`to be served
`
`upon
`
`the undersigned
`
`at
`
`least
`
`seven
`
`(7) days
`
`prior
`
`to the
`
`return
`
`date
`
`of
`
`this motion.
`
`1 of 2
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/28/2022 10:58 AM
`NYSCEF DOC. NO. 19
`
`INDEX NO. 158058/2019
`
`RECEIVED NYSCEF: 02/28/2022
`
`Dated:
`
`New York,
`February
`
`New York
`2022
`
`28,
`
`.
`
`LLP
`
`By: D
`F. Henrique
`iela
`& STEINBERG,
`LE
`for
`Attorneys
`Plaintiff
`CHRISTOPHER
`C. RICCIARDELLI,
`1601
`75 Broad
`Suite
`Street,
`New York
`New York,
`10004
`766-5222
`Tel. No.:
`(212)
`693-2377
`Fax No.:
`(212)
`L&S
`File No.:
`165328
`
`McEVOY,
`BAKER,
`for
`Defendants
`Attorneys
`RAKESH
`NAGPAL
`One Metrotech
`Center,
`New York
`857-8230
`857-8287
`
`MORRISEY
`
`and M.P.J.
`8th Floor
`11201
`
`TO:
`
`Brooklyn,
`Tel.
`No.:
`(212)
`Fax No.:
`(212)
`916648
`File No.:
`108244
`Case
`ID No.:
`
`& MOSKOVITS,
`
`PC
`
`CAB
`
`CORP.
`
`2 of 2
`
`

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