`FILED: NEW YORK COUNTY CLERK 11/22/2024 04:34 PM
`NYSCEF DOC. NO. 42
`
`
`INDEX NO. 162069/2023
`
`RECEIVED NYSCEF: 11/22/2024
`
`
`
`
`
`
`
`
`Index No. 162069/2023
`
`NOTICE OF EXAMINATION
`BEFORE TRIAL
`
` C
`
`
`
` O U N S E L O R S:
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
`
`Rules, the undersigned will take the deposition upon oral questions of an officer or representative of
`
`the party or parties named below, who is knowledgeable and knows the facts and particulars of this
`
`action, at the time and place indicated, concerning all of the evidence material and necessary in the
`
`prosecution and the defense of this action.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 3111 of the C.P.L.R.,
`
`each party is required to produce the following materials that are in possession, control or custody of
`
`said party: ALL BOOKS AND PAPERS RELATING TO THE ISSUES UPON WHICH THE PARTY
`
`IS TO BE DEPOSED.
`
`
`
`Conway, Farrell,
`Curtin & Kelly, PC
`
`1 of 4
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------------X
`EDGAR ORTIZ LOPEZ,
`
`
`
`
`
`KOUSA REALTY LLC and IA CONSTRUCTION
`MANAGEMENT, INC.,
`
`Defendant.
`
`
`
`
`----------------------------------------------------------------------X
`IA CONSTRUCTION MANAGEMENT, INC.
`
`
`
`
`
`ARTISTIC MASONRY INCORPORATED,
`
`Third-Party Defendant
`
`
`
`----------------------------------------------------------------------X
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`
`Third-Party Plaintiff,
`
`-against-
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/22/2024 04:34 PM
`NYSCEF DOC. NO. 42
`
`INDEX NO. 162069/2023
`
`RECEIVED NYSCEF: 11/22/2024
`
`PARTY TO BE DEPOSED: Third-Party Plaintiff,
`
`IA CONSTRUCTION
`
`MANAGEMENT, INC.
`
`DATE: June 18, 2025
`
`TIME: 10:00 a.m.
`
`PLACE:
`
`Conway, Farrell, Curtin & Kelly, P.C.
`48 Wall Street, 25th Floor
`New York, NY 10005
`(or at a place to be mutually agreed upon by all parties.)
`
`DATED:
`
`New York, New York
`November 22, 2024
`
`TO:
`
`THE CAKANI LAW FIRM, P.C.
`200 Mamaroneck Avenue, Suite 505
`White Plains, NY 10601
`(212) 962-0500
`Attorneys for Plaintiff, EDGAR ORTIZ LOPEZ
`
`CONWAY, FARRELL, CURTIN
`& KELLY, P.C.
`
`By:_________________________________
`Jeffrey J. Pilinko, Esq.
`Attorneys for Third-Party Defendant, ARTISTIC
`MASONRY INCORPORATED
`48 Wall Street – 25th Floor
`New York, N.Y. 10005
`(212) 785-2929
`
`Kiera M. Guzzo, Esq.
`MULHOLLAND MINION DAVEY MCNIFF & BEYRER
`374 Hillside Avenue
`Williston Park, NY 11596
`(516) 248-1200
`Attorneys for Defendant, KOUSA REALTY LLC
`
`Michael Zaitz, Esq.
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`101 Greenwich Street, 22nd Floor
`New York, NY 10006
`(212) 766-1888
`Attorneys for Defendant/Third-Party Plaintiff, IA CONSTRUCTION MANAGEMENT, INC.
`
`Conway, Farrell,
`Curtin & Kelly, PC
`
`2
`
`2 of 4
`
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/22/2024 04:34 PM
`NYSCEF DOC. NO. 42
`
`
`INDEX NO. 162069/2023
`
`RECEIVED NYSCEF: 11/22/2024
`
`AFFIRMATION OF SERVICE
`
`
` JEFFREY PILINKO, an attorney duly admitted to practice law in the State of New York,
`affirms the following under penalties of perjury, pursuant to C.P.L.R. § 2106:
`
`
`On November 22, 2024, I served the within: NOTICE OF EXAMINATION BEFORE
`TRIAL by electronically filing the same on NYSCEF to each of the following persons at the last known
`address set forth after each name:
`
`THE CAKANI LAW FIRM, P.C.
`200 Mamaroneck Avenue, Suite 505
`White Plains, NY 10601
`(212) 962-0500
`Attorneys for Plaintiff, EDGAR ORTIZ LOPEZ
`
`Kiera M. Guzzo, Esq.
`MULHOLLAND MINION DAVEY MCNIFF & BEYRER
`374 Hillside Avenue
`Williston Park, NY 11596
`(516) 248-1200
`Attorneys for Defendant, KOUSA REALTY LLC
`
`Michael Zaitz, Esq.
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`101 Greenwich Street, 22nd Floor
`New York, NY 10006
`(212) 766-1888
`Attorneys for Defendant/Third-Party Plaintiff, IA CONSTRUCTION MANAGEMENT, INC.
`
`
`
`_________________________________
`JEFFREY PILINKO, ESQ.
`
`
`
`
`
`
`
`
`
`Conway, Farrell,
`Curtin & Kelly, PC
`
`3 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/22/2024 04:34 PM
`NYSCEF DOC. NO. 42
`
`
`INDEX NO. 162069/2023
`
`RECEIVED NYSCEF: 11/22/2024
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`Index No. 162069/2023
`
`
`
`
`
`Third-Party Plaintiff,
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------------X
`EDGAR ORTIZ LOPEZ,
`
`
`
`
`
`KOUSA REALTY LLC and IA CONSTRUCTION
`MANAGEMENT, INC.,
`
`Defendant.
`
`
`
`
`----------------------------------------------------------------------X
`IA CONSTRUCTION MANAGEMENT, INC.
`
`
`
`
`
`ARTISTIC MASONRY INCORPORATED,
`
`Third-Party Defendant
`
`
`
`----------------------------------------------------------------------X
`
`
`-against-
`
`
`
`
`NOTICE OF EXAMINATION BEFORE TRIAL
`
`
`Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an Attorney admitted to practice law in the
`Courts of the State of New York, does hereby certify the attached papers.
`
`______________________________
`
`
`
`
`
`
`
`
`4 of 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
