FILED: NEW YORK COUNTY CLERK 05/22/2015 01:34 PM
`NYSCEF DOC. NO. 16
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`INDEX NO. 158089/2014
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`RECEIVED NYSCEF: 05/22/2015
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`Plaintiffs,
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`SIDNEY SUSSMAN and LOUISE SUSSMAN,
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`vs.
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`CANYON CONSTRUCTION NYC CORP., JAY ELL
`PLUMBING & HEATING CO., INC., JOHN DOES 1-10,
`and XYZ CORPORATIONS 1-10.
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` Defendants.
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`Index No.: 158089/2014
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`AFFIRMATION IN SUPPORT
`OF MOTION TO FOR LEAVE
`TO RENEW
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`PAUL H. MANDAL, an attorney admitted to practice in the Courts of the State of New
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`York, affirms the following to be true under penalties of perjury.:
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`1.
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`I am a Partner with the law firm of Dreifuss, Bonacci & Parker, PC., attorneys for
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`Plaintiffs Sidney and Louise Sussman (“Plaintiffs” or “Sussmans”), in the above-captioned
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`matter, and am an attorney admitted to practice by the State of New York.
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`2.
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`I am fully familiar with the facts and circumstances of this action and make this
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`certification upon information and belief based upon records by the law firm of Dreifuss,
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`Bonacci & Parker, PC., which records I believe to be true, complete and correct.
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`3.
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`This affirmation is submitted in support of Plaintiffs’ Motion for Leave to Renew
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`Plaintiffs' Motion for Trial Preference pursuant to CPLR § 3403(a)(4).
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`4.
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`5.
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`Plaintiff's Motion for Trial Preference was unopposed.
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`On or about April 22, 2015, the Honorable Eileen A. Rakower denied Plaintiff's
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`Motion for Trial Preference, without prejudice, for failing to provide proof of age. Exhibit A.
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`6.
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`New York CPLR §2221 governs motions affecting prior orders.
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`1
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`7.
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`A court has wide, flexible discretion to grant renewal even on facts known to
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`movant at time of original motion. Cronwall Equities v. Int'l Links Dev. Corp., 255 A.D.2d 354
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`(2d Dep't 1998)
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`8.
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`Plaintiffs Sidney Sussman and Louise Sussman are both over the age of seventy,
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`as required by CPLR § 3403(a)(4). Attached hereto, please find true copies of driver’s licenses
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`from Mr. and Mrs. Sussman, Exhibit B.
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`9.
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`Mr. Sussman’s license indicates that he was born on June 26, 1929, and is 85
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`years old. Mrs. Sussman’s license indicates that she was born on October 1, 1931, and is 83
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`years old.
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`10.
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`In light of the new evidence provided in Exhibit B, Plaintiffs respectfully ask the
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`court to renew the March 24, 2015 Motion for Trial Preference.
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`By:
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`Dated: May 22, 2015
`New York, New York
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` /s/ Paul H. Mandal
`PAUL H. MANDAL, ESQ.
`Dreifuss Bonacci & Parker, PC
`Five Penn Plaza, 23rd Floor
`New York, New York 10001
`(212) 835-1514
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`-and-
`26 Columbia Turnpike
`North Entrance
`Florham Park, New Jersey 07932
`(973)514-1414
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`2
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`
`
`
`SIDNEY SUSSMAN and LOUISE SUSSMAN,
`
`
`
`vs.
`
`CANYON CONSTRUCTION NYC CORP., JAY ELL PLUMBING & HEATING CO., INC., JOHN DOES 1-
`10, and XYZ CORPORATIONS 1-10.
`
`
` Defendants.
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`
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`Plaintiffs,
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`AFFIRMATION OF PAUL H. MANDAL, ESQ
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` DREIFUSS BONACCI & PARKER, PC
` Attorneys for Plaintiffs, Sidney Sussman and Louise Sussman,
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`
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`Five Penn Plaza
`23rd Floor
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`New York, New York 10001
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` - and -
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`26 Columbia Turnpike, North Entrance
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`Florham Park, New Jersey 07932
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`
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`(973) 514-1414
`Please respond to New Jersey office
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` I
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` hereby certify upon information and belief and after reasonable inquiry, that all papers that I have served, filed or
`submitted to the Court in this action are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of
`the Chief Administrator of the Courts (22 NYCRR).
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`Dated: May 22, 2015 _________/s/______________
` Paul H. Mandal, Esq.
`
`
`TO: Marisa Goetz, Esq.
` FAUST GOETZ SCHENKER & BLEE Service of a copy of the
` Two Rector St, 20th Floor within is hereby admitted.
` New York, NY 10006
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` Dated: May 22, 2015
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`PLEASE TAKE NOTICE:
`[ ] NOTICE OF ENTRY - that the within is a (certified) true copy of a duly entered in the office of the clerk
`of the within named court on , 2015
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`[ ] NOTICE OF SETTLEMENT - that an order of which the within is a true copy will be presented for
`settlement to , one of the judges of the within named Court, at
` , , on , 2015 at .
`Dated: Yours, etc.
`To:
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`Year 2014
`Index No. 158089
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`

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`Exhibit A
`Exhibit A
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`

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`FILED: NEW YORK COUNTY CLERK 04/23/2015 10:10 AM
`FILED: NEW YORK COUNTY CLERK 04E2015 10:10 AM
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`NYSC'TF DOC
`NO
`13
`NYSCEF DOC. NO. 13
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`158089/2014
`INDEX NO. 158089/2014
`INDEX NO~
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`R«C«.IV«.D \IYSCEF: 04/23/2015
`RECEIVED NYSCEF: 04/23/2015
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`SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
`
`PRESENT: Hon. EILEEN A. RAKOWER
`Justice
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`PART 15
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`SIDNEY SUSSMAN and LOUISE SUSSMAN,
`Plaintiffs,
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`INDEX NO.
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`158089/14
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`- V -
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`MOTION DATE
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`CANYON CONSTRUCTION NYC CORP., JAY ELL
`PLUMBING & HEATING C0., INC., JOHN DOES 1-10
`and XYZ CORPORATIONS 1-10,
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`Defendants.
`E—
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`MOTION SEQ. No.
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`_1__
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`MOTION CAL. NO.
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`The following papers, numbered 1 to
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`were read on this motion for/to
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`PAPERS NUMBERED
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`Notice of Motion/ Order to Show Cause — Affidavits —- Exhibits
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`1I 2
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`Answer — Affidavits —— Exhibits
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`Replying Affidavits
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`Wherefore, it is hereby
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`ORDERED that Plaintiffs’ motion for a trial preference is denied without
`prejudice. Plaintiffs have failed to provide proof of age.
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`This constitutes the decision and order of the court.
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`MOTION/CASEISRESPECTFULLYREFERREDTOJUSTICE
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`JQS.C
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`DATED:
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`Dated: APRIL 2&2015
`APR 2 “-
`Check one:
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`015
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`g5 g
`; HRK-l EILEEN ARAKéWER
`FINAL DISPOSITION
`X NON-FINAL DISPOSITION
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`J.S.C.
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`Check if appropriate: U DO NOT POST
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`Cl REFERENCE
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`Exhibit B
`Exhibit B
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