FILED: NYS COURT OF CLAIMS 08/29/ :52 PM CLAIM NO NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 08/29/2018

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1 STATE OF NEW YORK COURT OF CLAIMS CHARANJIT SINGH NOTICE OF APPEAL Plaintiff, -against- Index No.: /2016 THE CITY UNIVERSITY OF NEW YORK Defendant. PLEASE TAKE NOTICE, that the Plaintiff, CHARANJIT SINGH, by his counsel, MUNAWAR & ANDREWS-SANTILLO, LLP, hereby appeals to the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, from the Order of the State of New York Court of Claims of the Honorable Jeanette Rodriguez-Morick dated April 26, 2018 and entered on July 25, 2018, from each and every part of said Order. Annexed hereto as Exhibit "A" is a true complete copy of the Notice of Entry e-filed by the Defendants on July 26, (Docket Seq. #58). Annexed hereto as Exhibit "B" is a copy of the Decision and Order of Honorable Jeanette Rodriguez-Morick dated April 26, DATED: New York, New York August 29, 2018 Respectfully submitted, MUNA ANDREWS-SANTILLO, LLP By: CASEY FUNDARO ESQ. Attorneys for Plaintiff CHARANJIT SINGH 1 of 18

2 420 Lexington Avenue, Ste 2601 New York, NY TO: Shira T. Straus, Esq. Faust Goetz Shenker & Blee. Attorneys for Defendants 20th Two Rector Street New York, NY FlOOr 2 2 of 18

3 $npreme Glourt of the $tate of )Tefa york Ãppellate fifrision : $econh Form A - Request for Appellate Division Intervention See of the rules of this court for directions on the use of this form (22 NYCRR 670.3). - Civil DateNoticeof AppealFiled fhe G On?ve s o O york De O CPLR article 78 Proceeding i. y - O Transferred Proceeding Civil Action O Special Proceeding Other Appeal O CPLR 5704 Review O CPLR article 75 Arbitration O Habeas Corpus Proceeding O Original Proceeding O 1 Freedom of Information Law O 1 Adoption O 1 Discipline O 1 Assault, Battery, False O 2 Human Rights O 2 Attorney's Fees O 2 Jail Time Calculation Imprisonment O 3 Licenses O 3 Children - Support O 3 Parole O 2 Conversion O 4 Public Employment O 4 Children - Custody/Visitation O 4 Other O 3 Defamation O 5 Social Services O 5 Children - Terminate Parent- O 4 Fraud O 6 Other al Rights Real Propetty O 5 Intentional Infliction of O 6 Children - Abuse/Neglect O 1 Condemnation Emotional Distress O 7 Children - JD/PINS O 2 Determine Title O 6 Interference with Contract O 1 Partnership/Joint Venture O 8 Equitable Distribution O 3 Easements O 7 Malicious Prosecution/ O 2 Business O 9 Exclusive Occupancy of O 4 Environmental Abuse of Process Q 3 Religious Residence O 5 Liens O 8 Malpractice O 4 Not-for-Profit O 10 Expert's Fees O 6 Mortgages 9 Negligence O 5 Other O 11 Maintenance/Alimony O 7 Partition O 10 Nuisance O 12 Marital Status O 8 Rent O 11 Products Liability O 13 Paternity O 9 Taxation O 12 Strict Liability O 1 Brokerage O 14 Spousal Support O 10 Zoning O 13 Trespass and/or Waste O 2 Commercial Paper O 15 Other O 11 Other ]I1(14 Other /Jhr (..OA) O 3 O 4 Construction Employment Q 5 Insurance O 1 Constructive Trust O 1 City of Mount Vernon O 1 Accounting O 6 Real Property O 2 Debtor & Creditor Charter 120, 127-f, or O 2 Discovery O 7 Sales O 3 Declaratory Judgment 129 O 3 Probate/Administration O 8 Secured O 4 Election Law O 2 Eminent Domain Proced- O 4 Trusts O 9 Other O 5 Notice of Claim ure Law 207 O 5 Other O 6 Other O 3 General Municipal Law 712 O 4 Labor Law 220 O 5 Public Service Law 128 or 170 O er Form A - RADI - Civil 3 of 18

4 Paper Appealed From (check one only): O Amended Decree O Determination O Order O Resettled Order O Amended Judgment O Finding O Order & Judgment O Ruling O Amended Order O Interlocutory Decree O Partial Decree Other (specify): O Decision O Interlocutory Judgment O Resettled Decree DECÃ5ÌOO 4 ORÔ0 O Decree O Judgment O Resettled Judgment Court: County: (Ù00 Dated: i) 26 RIF Entered: 2C) Judge (name in full): Index No.: o f ( Stage: O Interlocutory )it( Final O Post-Final Trial: O Yes )it No If Yes: O Jury O Non-Jury Are any unperfected appeals pending in this case? O Yes No. If yes, do you intend to perfect the appeal or appeals covered by the annexed notice of appeal with the prior appeals? O Yes O No. Set forth the Appellate Division Cause Number(s) of any prior, pending, unperfected appeals: Commenced by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Court: County: Judge (name in full): Order of Transfer Date: Court: County: Judge (name in full): Dated: Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Si Ws moto % cle or occkr of dismissd res+«e c\oa. Appekot Pkich s eb 4<> reverse +bts decision Arcnd ¾cG cce * dr 9\drEffs too¼n b occde + res+oce begrenkol. Amount: If an appeal is from a money judgment, specify the amount awarded. Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review. bm 4be Goe ecc?n den irg Plakf-G) % resbre + vecue 4be dsmsscl orckr q IIce mchn pøo½f rod8e Re cn+ Ah a"reconcde came cnd tm P/a,M es a meskyods cicim? he 4 of 18

5 issues Continued: :r.stiscticr.a: Fill in the name of each party to the action or proceeding, one Examples of a party's original status include: plaintiff, defendant, name per line. If this form is to be filed for an appeal, indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, third-party party in the court of original instance and his, her, or its status in this court, if defendant, and intervenor. Examples of a party's Appellate Division status any. If this form is to be filed for a proceeding commenced in this court, fill in include: appellant, respondent, appellant-respondent, respondent-appellant, only the party's name and his, her, or its status in this court. petitioner, and intervenor. No. Party Name Original Status Appellate Division Status of 18

6 Instructions: Fill in the names of the attorneys or firms of attorneys for the provided. respective parties. If this form is to be filed with the notice of petition or order In the event that a litigant represents herself or himself, the box to show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for that Appellate Division, only the name of the attorney for the petitioner need be litigant must be supplied in the spaces provided. Attorney/Firm Name: Address: H a Les 0 o Ave S4 ago I City: State: Zip: (019 o Telephone No.: A M00- Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party numberis] from table above or from Form C) Attorney/Firm Name: Gæt 085 S hecta e Mee _ Address: O City: ()( ( State: Zip: Telephone No.: Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number[s] from table above or from Form C) Attorney/Firm Name: Address: City: State: Zip: Telephone No.: Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number[s) from table above or from Form C): Attorney/Firm Address:... Name: City: State: Zip: Telephone No.: Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party numberlsl from table above or from Form C) Attorney/Firm Name: Address: City: State: Zip: Telephone No.: Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party numberlsl from table above or from Form C) Attorney/Firm Name: Address: City: State: Zip: Telephone No.: Attorney Type: O Retained O Assigned Q Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number[s) from table above or frorn Form C). làinàd in f the rules 6f the! Diviéion _Secoñd D tiãent (22 NYÓR r ñ p IEed i edjb giap s.ú o den h Regi st for nh A this2o un n $(2) any reqwred Add.Ah eal Information For nsdfonh B]233) n Atf n y Irif e Fórr s IForr Ö he itic pgi al o irdeidg½ñüì leac ea ers fro hichãbe appeal or appe s cüve in the potice of appeal or pr er grantin 6 of 18

7 EXHIBIT "A" 5 7 of 18

8 , , - -, , NYSCEF DOC. NO 58 RECEIVE D NY SCEF: 07/26/2C 18 STATE OF NEW YORK COURT OF CLAIMS X CHARANJIT SINGH, Index No /16 Plaintiff, -against- OF ENTRY ORDER WITH NOTICE THE CITY UNIVERSITY OF NEW YORK, Defendant. - X C O U N S E L O R: PLEASE TAKE NOTICE, that annexed hereto is a true copy of the Order of the Hon. Jeanette Rodriguez-Morick dated April 26, 2018 and entered in the office of the County, Civil Court on July 25, Dated: New York, New York July 26, 2018 Yours e. FAU TG HEN R& BLEE By: Ira T. S aus, E. Attorneys for efe ant THE CITY U V SITY OF NEW YORK Two Rector Street, 200' Floor New York, New York (212) Our File No.: HRLY TO: Casey Fundaro, Esq. MUNAWAR & ANDREWS-SANTILLO, LLP Attorneys for Plaintiff 420 Lexington Avenue, Suite 2601 New York, New York (212) of 18

9 ., - -, NYSCEF DOC. NO 58 RECEIVED NYSCEF: 07 /2 6/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss: Christie Olivo, being duly sworn, deposes and says: That I am not a party to the within action, am over 18 years of age and reside in Richmond County, New York. 26"' That on the day of July, 2018, I served the within ORDER WITH NOTICE OF ENTRY upon the attorney(s)/individual(s) at the addresses listed below which were so designated by said attorneys of said purpose, by depositing a true copy of same enclosed in a post-paid properly addressed wrapper in a post office under the exclusive care and custody of the U.S. Postal Service within the State of New York: TO: MUNAWAR & ANDREWS-SANTILLO, LLP Attorneys for Plaintiff 420 Lexington Avenue, Suite 2601 New York, NY Swo to fore e his 26th da of July 2 8 Christie Olivo N ar u SERAESTRA1US NotaryPahmateefNev%4 ReghtrationNa02ST QuaMediaNewYeskCounty Cornulinnica%pbno2ugusny4M 9 of 18

10 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/26/2018 -a 83MRTS.T DARE agairmwhewit ol!muø:ew tel6test2so sm nal:walad ticac gmy emai bnhd MSguisticinhsS 10 of 18

11 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/26/2018 STATE OF NEW YORK COURT OF CLAIMS CHARANJIT SINGH, Plaintiff, -against- Index No.: /16 THE CITY UNIVERSITY OF NEW YORK, Defendant. ORDER WITH NOTICE WITH ENTRY FAUST GOETZ SCHENKER & BLEE By: Shira T. Straus Attorneys for Defendant 20* Two Rector Street, Floor New York, New York (212) Our File No.: HRLY 11 of 18

12 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/26/2018 STATE OF NEW YORK COURT OF CLAIMS CHARANJIT SINGH, Plaintiff, -against- Index No.: /16 THE CITY UNIVERSITY OF NEW YORK, Defendant. ORDER WITH NOTICE WITH ENTRY... _ FAUST GOETZ SCHENKER & BLEE By: Shira T. Straus Attorneys for Defendant Two Rector 20"' Street, Floor New York, New York (212) Our File No.: HRLY 12 of 18

13 EXHIBIT "B" 5 13 of 18

14 -..., -., --, NYSCEF DOC. NO. 57 RECEIVED NYSCEF 07/25/2018 STATE OF NEW YORK COURT OF CLAIMS CHARANJIT SINGH, Claimant, DECISION AND ORDER -v- THE CITY UNIVERSITY OF NEW YORK, Mo n No. M 91 8 Defendant. FILED BEFORE: HON. JEANETTE RODRIGUEZ-MORICK Judge of the Court of Claims STATE COURT OF CLAIMS APPEARANCES: For Claimant. Munawar & Andrews-Santillo, LLP By: Casey Fundaro, Esq. For Defendant: Faust, Goetz, Schenker & Blee, LLP By: Jeffrey Rubinstein, Esq. Claimant Charanjit Singh seeks damages for injuries he allegedly sustained while installing electrical boxes at the New York College of Technology. By Order filed August 23, 2017, this Court dismissed Claim No due to Singh's counsel's failure to appear at scheduled conferences in August 2016 and July 2017 (see 22 NYCRR [g] ["[i]f a party fails to appear for a scheduled conference, the court may note the default on the record and enter such order as appears just, including dismissal"]). Singh moves this Court for an order vacating its prior order of dismissal and restoring the 14 of 18

15 , -, , NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 07/25/2018 Claim No , Motion No. M Page 2 claim.1 Defendant opposes Singh's motion. For the reasons that follow, Singh's motion is DENIED. A party seeking to vacate a prior judgment or order must provide both a reasonable excuse for the default and a meritorious defense (see Kristin v State of New York, 34 AD3d 753, [2d Dept 2006] ; see also Thomas v Avalon Gardens Rehabilitation & Health Care Center, 107 AD3d 694 [2d Dept 2013]; CPLR 5015 [a][1]; 22 NYCRR ). While law office failure may constitute a reasonable excuse for a default, Singh's attorney's explanation, which notes generally that "the calendar clerk was being replaced," is insufficiently detailed (cf In the Matter of Esposito, 57 AD3d 894, 895 [2d Dept 2008] [sufficiently detailed explanation for firm's failure to appear where attorney's affirmation explained that the firm was downsizing significantly, two attorneys who had been handling the case were no longer with the firm, and the newly-assigned attorney's secretary, upon whom the attorney relied for calendaring matters, had recently left the firm]). Regardless, Singh's motion must be denied because he did not demonstrate a meritorious cause of action. Aside from one conclusory statement-"where the case is meritorious"-singh's papers do not argue, let alone, provide any evidentiary support showing a meritorious cause of action (see Rivas v The Expansion Group Inc., 306 AD2d 188, 189 [1st Dept 2003] [affirming denial of plaintiffs' motion to vacate a dismissal for failure to show a meritorious cause of action] ; see also Thomas, 107 AD3d at [2d Dept 2013] [generalized and conclusory allegations without any evidentiary support insufficient to establish a meritorious cause of action]). I In deciding this motion, the Court read and considered the following: claimant's Notice of Motion and Affirmation in Support of Claimant's Motion to Vacate and Restore, filed September 21, 2017, including Exhibits; and defendant's Affirmation in Opposition to Plaintiff's Motion to Vacate and Restore, filed December 13, 2017, including Exhibits. 15 of 18

16 Claim No , Motion No. M Page 3 Accordingly, it is hereby ORDERED that Singh's motion to vacate the prior order of dismissal and restore the claim (M-91184) is denied. New York, New York April 26, 2018 EANETTE RODRIGUEZ-MORICK Judge of the Court of Claims 16 of 18

17 AFFIDAVITOF SERVICE BY MAIL STATE OF NEW YORK ) COUNTY OF NEW YORK ) )ss.: I, JULIO VENTURA, being sworn, say: I am not a party to the action, am over 18 years of age and reside in the County of Queens. On August 29, 2018, I served a true copy of the annexed NOTICE OF APPEAL by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address(es) as indicated below: TO: Shira T. Straus, Esq. Faust Goetz Shenker & Blee. Attomeys for Defendants 20th Two Rector Street New York, NY FlOOr J L VE, RA Sworn to before me On August 29, 2018 N P Keetick Lenn Sanchez NOTARY PUBLIC, STATE OF NEW YORK No. 01SA Qualified in Queens County Commission Expires on September 08, of 18

18 STATE OF NEW YORK COURT OF CLAIMS CHARANJIT SINGH Plaintiff, -against- THE CITY UNIVERSITY OF NEW YORK Defendant. NOTICE OF APPEAL MUNAWAR & ANDREWS-SANTILLO, LLP Attorneys for Plaintiff(s) 420 Lexington Avenue, Suite 2601 New York, New York (212) of 18