FILED: KINGS COUNTY CLERK 04/17/ :09 AM INDEX NO /2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/17/2018

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1 FLED: KNGS COUNTY CLERK 04/17/ :09 AM NDEX NO /2016 nªde xndn /2016 NOTE OF SSUE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KNGS Hon. Ellen M. Spodek Name of Judge Assigned JESSCA D MENARDY and HARRY MENARDY, NOTCE FOR TRAL Plaintiffs, [X] Trial by jury demanded... -against- [X] Of all issues. Of issues specified below... ANGELQUE M BENNETT, BALJT SNGH, F R Or attached hereto... LMO NC. and MALEK FADAL NOMAN HAUTER, Trial without jury. Special prefere ce claimed under on the ground that LOZNER & MASTROPETRO Attorneys Plaintiffs JESSCA D MENARDY and HARRY MENARDY 1901 Emmons Avenue, Suite 206 Brooklyn, NY ) Cobert Haber & Haber Attorneys Defendant MALEK FADAL NOMAN HAUTER 1050 Franklin Avenue, Suite 300 Garden City, NY ) Connors & Connors, P.C. Attorneys Defendant ANGELQUE M BENNETT 766 Castleton Avenue Staten sland, NY ) Defendants. Filed by attorney plaintiff Date summons served: December 29, 2016 Date service completed: January 30, 2017 Date issue joined: January 19, 2017 NATURE OF ACTON OR SPECAL PROCEEDNG Tort: [X] Motor vehicle negligence... Medical malpractice Other tort. Contract... Contested matrimonial. Uncontested matrimonial. Tax certiorari Condemnation... Other not itemized above)... specify)... ndicate if this action is brought as a class action Amount demanded: $5, Other relief nsurance carriers, if known: Hered nsurance Company; GECO Law Offices of Nancy L. sserlis Attorneys Defendants BALJT SNGH AND F R LMO NC 'd Avenue Long sland City, NY ) NOTE.' Clerk will not accept this note of issue unless accompanied by a certificate of readiness. 1 of 5

2 FLED: KNGS COUNTY CLERK 04/17/ :09 AM NDEX NO /2016 CERTFCATE OF READNESS FOR TRAL tems 1-7 must be checked) Completed Waived Not required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed X 4. Medical reports exchanged. X 5. Appraisal reports exchanged X 6. Compliance with section of the Rules of the Chief X Administrator 22NYCRR ) in matrimonial actions 7. Discovery proceedings known to be necessary completed except X discovery outlined in the Final Pre-Note Order dated April 12, There are outstanding requests discovery which can be expeditiously completed.. Filing of'this Note of'ssue shall not constitute a waiver of the above outstanding discovery. Plaintiff is filing this Note of ssue pursuant to the April 12, 2018 Final Pre-Note Order of Hon. Martin Schneier to file the Note of ssue on or bee April There has been a reasonable opportunity to complete the egoing proceedings. 10. There has been compliance with any order issued pursuant to section of the Rules of the Chief Administrator 22NYCRR ) 11. f a medical malpractice action, there has been compliance with any order issued pursuant to section of the Rules of the Chief Administrator. 22 NYCRR ) 12. The case is ready trial. Dated: Brooklyn, New York April 13, 2018 Ja e P Benintendi, Esq. OZN - & MASTROPETRO Attorne s Plaintiffs JESS A D MENARDY and HARR MENARDY 1901 nmons Avenue, Suite 206 Brook yn, New York of 5

3 FLED: KNGS COUNTY CLERK 04/17/ :09 AM NDEX NO /2016 ) r CALENDAR #: P R E S E N T: held in and the ~< Justice/JHO l,],, X "' t'"t -; At a Note of ssue Final Conference Part of the Supreme Court of the State of New York, County of Kings, located at 360 Adams Street, Bro,oklyn, NY, on the ' ' day of r /, 20 y. - against - i,h Plaintiffs) Defendants) FNAL PRE-NOTE ORDER '~' ' > / ndex No. / X Plaintiff must file a â Note of ssue on or bee ~~ %' r JrS. i Final itemization of Discovery to be completed:. i ') t S r'ri, :-i,;-, i,.- i is i rt) ",. s.s.. l >-,~ ):) ) i ' ',i',ii.', / g. t,-.t,: i/' 1)l- r'. t, i7 i ' i/~';,, ':~',-,;., ~~ r7 The terms of this order supercede the provisions of all prior orders. FALURE TO STRCTLY COMPLY WTH THS ORDER, WTHOUT LEAVE OF THE COURT, WLL RESULT N PRECLUSON, THE STRKNG OF A PLEADNG AND/OR SANCTONS AS MAY BE APPROPRATE. E N T E R, JUSTCE/JHO h~"<. MARTil'l '<HNEiEN ~p<> 3 of 5

4 .. FLED: KNGS COUNTY CLERK 04/17/ :09 AM NDEX NO /2016 AFFDAVT OF SERVCE STATE OF NEW YORK, COUNTY OF KNGS ss.: Saniya Omarova being duly sworn, deposes and says: am over 18 years of age, am not a party to the action, and reside in Kings County in the State of New York. served a true copy of the annexed NOTE OF SSUE WTH CERTFCATE OF READNESS FOR TRAL on April 13, 2018 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 of the addressee as indicated below: Cobert, Haber & Haber Attorneys Defendant MALEK FADAL NOMAN HAUTER 1050 Franklin Avenue, Suite 300 Garden City, NY ) Connors & Connors, P.C. Attorneys Defendant ANGELQUE M BENNETT 766 Castleton Avenue Staten sland, NY ) Law Offices of Nancy L. sserlis Attorneys Defendants BALJT SNGH AND F R LMO NC rd Avenue Long sland City, NY ) Saniya Omarov Apr' Sworn to bee n Apr otary Pubhe LANDO RVERA Notary Punho, Smte Of New York No. 01Hn Qualified n Kings County Commission Expires ylarcia 11, 20QQ 4 of 5

5 FLED: KNGS COUNTY CLERK 04/17/ :09 AM NDEX NO /2016 ndex No /2016 Year 80 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KNGS JESSCA D MENARDY and HARRY MENARDY, Plaintiffs, -against- ANGELQUE M BENNETT, BALJT SNGH, F R LMO NC. and MALEK FADAL NOMAN HAUTER, Defendants, NOTE OF SSUE WTH CERTFCATE OF READNESS FOR TRAL Attorneys LOZNER & MASTROPETRO Plaintiffs THE LUNDY'S BULDNG 1901 EMMONS AVENUE, SUTE 206 BROOKLYN, NY TEL: 718) FAX: 718) Pursuant to 22 NYCRR a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon inmation and belief and reasonable inquiry, 1) the contentions contained in the annexed document are not frivolous and that 2) if the annexed document is an initiating pleading, i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that ii) if the matter involves potential claims personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR a. Dated:... signature... Print Signer's Name... Service of a copy of the within is hereby admitted. Dated:... Attorneys) PLEASE TAKE NOTCE that the within is a certified) true copy of a NOTCEOF entered in the office of the clerk of the within-named Court on 20 ENTRY 6 NOTCEOF Hon. SETTLEMENT at Dated: that an Order of which the within is a true copy will be presented settlement to the, one of the judges of the within-named Court, on 20, at M Attorneys Plaintiffs LOZNER 4 MASTROPETRO THE LUNDY'S BULDNG 1901 EMMONS AVENUE, SUTE 206 BROOKLYN, NY To: TEL: 718) FAX: 718) Attorneys) 5 of 5