`NYSCEF DOC. NO. 7
`
`INDEX NO. 709984/2019
`
`RECEIVED NYSCEF: 11/08/2019
`
`SUPREME
`COUNTY
`----------
`ROBERT
`
`OF THE STATE
`COURT
`OF QUEENS
`
`OF NEW YORK
`
`A. EMMERICH,
`
`X
`
`Index
`
`No.:
`
`709984/2019
`
`Plaintiff
`
`-against-
`
`ATTORNEY'S
`AFFIRMATION
`
`SCIAME
`CONSTRUCTION,
`CONSTRUCTION
`INC.,
`CO.,
`the
`name
`fictitious,
`being
`subcontractors
`
`1-10,
`be the
`
`working
`
`F. J. SCIAME
`and
`LLC,
`and XYZ CORPORATIONS
`the
`corporations
`intended
`the
`accident
`on May
`
`site
`
`at
`
`to
`
`24,
`
`2018,
`
`___________
`
`Daniella
`
`Levi,
`
`_
`
`Defendants.
`.__....------------------------------------X
`admitted
`to practice
`an attorney
`
`duly
`
`truth
`
`of
`
`the following
`
`under
`
`the penalties
`
`of peijury:
`
`law before
`
`the Court
`
`ofthis
`
`State
`
`affirms
`
`the
`
`1.
`
`I am an attorney
`
`with
`
`the Law Offices
`
`ofDaniella
`
`Levi
`
`and Associates,
`
`P.C.,
`
`attorneys
`
`for
`
`Plaintiff,
`
`ROBERT
`
`A. EMMERICH,
`
`and as such
`
`I am fully
`
`familiar
`
`with
`
`the facts
`
`and circumstances
`
`of
`
`this matter.
`
`This
`
`affirmation
`
`is submitted
`
`in support
`
`of
`
`the within
`
`Order
`
`Cause which
`
`2.
`
`to Show
`
`seeks
`
`an Order
`
`pursuant
`
`to CPLR § 321(b)
`
`permitting
`
`the
`
`law firm of Daniella
`
`Levi
`
`and Associates,
`
`P.C.
`
`to
`
`withdraw
`
`as attorneys
`
`for Plaintiff,
`
`ROBERT
`
`A. EMMERICH.
`
`3.
`
`This
`
`is a personal
`
`injury
`
`action
`
`to recover
`
`damages
`
`for
`
`injuries
`
`sustained
`
`by Plaintiff
`
`as a result
`
`of negligence
`
`by SCIAME
`
`CONSTRUCTION,
`
`LLC,
`
`F. J. SCIAME
`
`CONSTRUCTION
`
`CO,,
`
`INC.,
`
`and/or
`
`XYZ CORPORATIONS
`
`1-10 which
`
`occurred
`
`on May
`
`24,
`
`2018,
`
`when
`
`Plaintiff's
`
`clothing
`
`was
`
`caught
`
`on a nail
`
`and
`
`he was
`
`caused
`
`to fall while
`
`carrying
`
`heavy
`
`construction
`
`materials.
`
`4.
`
`A copy
`
`of
`
`the Summons
`
`and Cornplaint
`
`is annexed
`
`hereto
`
`as Exhibit
`
`"A".
`
`1 of 2
`
`
`
`FILED: QUEENS COUNTY CLERK 11/08/2019 04:28 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 709984/2019
`
`RECEIVED NYSCEF: 11/08/2019
`
`5.
`
`Defendants
`
`have
`
`appeared,
`
`but
`
`their
`
`Answers
`
`have
`
`not
`
`been
`
`received.
`
`Annexed
`
`hereto
`
`as Exhibit
`
`"B"
`
`is a stipulation
`
`extending
`
`time
`
`to answer.
`
`6.
`
`This
`
`office
`
`is
`
`seeking
`
`to be relieved
`
`as counsel
`
`based
`
`upon
`
`the
`
`breakdown
`
`of
`
`the
`
`attorney/client
`
`relationship.
`
`Your
`
`affirmant
`
`will
`
`elaborate
`
`on these
`
`issues
`
`if
`
`the Court
`
`so desired,
`
`but
`
`will
`
`not
`
`include
`
`these
`
`issues
`
`herein
`
`since
`
`is still
`
`viable
`
`and
`
`these
`
`papers
`
`the attorney
`
`client
`
`privilege
`
`are being
`
`served
`
`upon
`
`defense
`
`counsel.
`
`7.
`
`No prior
`
`application
`
`for
`
`the
`
`relief
`
`herein
`
`has
`
`been made.
`
`WHEREFORE,
`
`it
`
`is respectfully
`
`requested
`
`that
`
`the within
`
`motion
`
`be granted
`
`in its entirety
`
`and
`
`for
`
`such
`
`other
`
`and
`
`further
`
`relief
`
`as this Court
`
`deems
`
`just
`
`and
`
`proper.
`
`Dated:
`
`Fresh
`
`New York
`Meadows,
`November
`8, 2019
`
`TO:
`
`I)ANIELI:flEVI,
`
`ESQ.
`
`ROBERT
`A. EMMERICH
`43-60
`Douglaston
`NY
`
`Pkwy.,
`11363
`
`Douglaston,
`
`Apt.
`
`417
`
`.
`
`LLP
`
`POTASH
`FLEISCHNER
`Attorneys
`for Defendants
`SCIAME
`CONSTRUCTION,
`F. J. SCIAME
`CONSTRUCTION
`14 Wall
`Suite
`5C
`Street,
`NY
`New York,
`646-520-4200
`
`10005
`
`LLC,
`
`and
`
`CO.,
`
`INC.
`
`2 of 2
`
`
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