Document List. Cornicello, Tendler & Baumel-Cornicello, LLP 5 STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING

Transcription

1 Case Caption: Jason Bartis et al - v. - Harbor Tech, LLC Judge Name: Devin P. Cohen, Pt SUMMONS + COMPLAINT 04/02/ NOTICE OF APPEARANCE (POST RJI) 04/17/2013 Berg, J. - filed by 3 STATEMENT OF AUTHORIZATION FOR 04/17/2013 Berg, J. - filed by ELECTRONIC FILING 4 STIPULATION - OTHER 05/03/2013 Berg, J. - filed by 5 STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING 6 ANSWER WITH COUNTER-CLAIM(S) Verified Answer, Affirmative Defenses and Counterclaims 7 STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING 05/03/ /31/ /31/ RJI -RE: OTHER(SPECIFY IN DESCRIPTION AREA) 09/10/ AFFIDAVIT 09/10/ NOTICE OF 09/10/ AFFIDAVIT 09/10/2013 Berg, J. - filed by Berg, J. - filed by Berg, J. - filed by 12 AFFIDAVIT 09/10/2013 Affidavit of Service to Motion for Summary Judgment 13 STIPULATION - OTHER 10/08/2013 Berg, J. - filed by 14 ANSWER (AMENDED) 10/08/2013 Berg, J. - filed by 15 STATEMENT OF AUTHORIZATION FOR 10/08/2013 Berg, J. - filed by ELECTRONIC FILING 16 REPLY TO COUNTERCLAIM(S) 10/14/ AFFIDAVIT 10/14/2013 Page 1 of 11

2 18 CONSENT TO CHANGE ATTORNEY (POST RJI) 12/18/ MEMORANDUM OF LAW IN OPPOSITION 12/18/2013 Schmidt, A. 20 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO 12/18/2013 Schmidt, A. 21 NOTICE OF 12/19/2013 Schmidt, A. 22 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF 12/19/2013 Schmidt, A. 23 MEMORANDUM OF LAW IN SUPPORT 12/19/2013 Schmidt, A. 24 MEMORANDUM OF LAW IN SUPPORT 01/21/ AFFIDAVIT Affidavit of Service 01/21/ MEMORANDUM OF LAW IN REPLY 01/22/2014 Schmidt, A. 27 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF 01/22/2014 Schmidt, A. 28 DECISION + ORDER ON order dated 6/16/14 filed CC 6/19/14 06/24/ NOTICE OF ENTRY 06/24/ filed by WHAFH 30 STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING 06/24/ NOTICE OF APPEAL - *Corrected* 07/31/ RADI (REQUEST FOR APP DIV INTERVENTION) 06/26/ AFFIRMATION/AFFIDAVIT OF SERVICE 06/26/ filed by WHAFH 34 NOTICE OF ENTRY Notice of Entry of Appellate Opinion and Order 35 RECORD ON APPEAL (COPY) Opening Brief for Plaintiffs-Appellants 36 RECORD ON APPEAL (COPY) Opposition Brief for Appellee-Defendant 37 RECORD ON APPEAL (COPY) Reply Brief for Plaintiffs-Appellants 38 RECORD ON APPEAL (COPY) Record on Appeal 39 NOTICE OF SETTLEMENT W/PROPOSED JDGMT/COUNTER JDGMT Page 2 of 11

3 40 Deleted 41 AFFIRMATION/AFFIDAVIT OF SERVICE 42 JUDGMENT -TO COURT (PROPOSED) 43 ORDER - OTHER - *Corrected* (appellate div.) dtd 12/28/2016, nsp 02/24/ PRELIMINARY CONFERENCE REQUEST 02/16/ JUDGMENT - DECLARATORY 02/24/ INTERLOCUTORY-- dated 2/10/2017 with Exhibit. 46 NOTICE OF APPEARANCE (POST RJI) 03/31/2017 Notice of Appearance of Mark R. Zancolli o/b/o Harbor Tech, LLC 47 ORDER - PRELIMINARY CONFERENCE 04/19/ INTERROGATORIES 05/09/ CONSENT TO CHANGE ATTORNEY (POST RJI) 05/26/2017 Carter Ledyard & Milburn substituted in place of Wolf Haldenstein Adler Freeman & Herz as at(..) 50 NOTICE OF CHANGE OF ATTORNEY (POST RJI) 05/26/ ORDER - COMPLIANCE CONFERENCE 11/15/ NOTICE OF Notice of Motion to Strike The Verified Complaint and Dismiss Plaintiff's Claims, or Alternatively, (..) 53 AFFIRMATION OF GOOD FAITH Affirmation of Good Faith of Mark R. Zancolli 54 EXHIBIT(S) Exhibit 1 - December 8, 2017 letter from Mark R. Zancolli to Jack L. Lester 55 EXHIBIT(S) Exhibit 2 - December 28, 2017 letter from Jack L. Lester to Mark R. Zancolli 56 EXHIBIT(S) Exhibit 3 - January 30, 2018 letter from Mark R. Zancolli to Jack L. Lester 57 EXHIBIT(S) Exhibit 4 - January 31, 2018 letter from Jack L. Lester to Mark R. Zancolli 58 EXHIBIT(S) Exhibit 5 - January 31, 2018 letter from Mark R. Zancolli to Jack L. Lester 59 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF Affirmation of Mark R. Zancolli in Support of Motion 60 EXHIBIT(S) Exhibit 1 Summons and Verified Complaint, dated April 2, 2013 Page 3 of 11

4 61 EXHIBIT(S) Exhibit 2 Amended Verified Answer, Affirmative Defenses and Counterclaims, dated October 2, EXHIBIT(S) Exhibit 3 Order, dated June 16, EXHIBIT(S) Exhibit 4 - Opinion & Order of the Appellate Division, dated December 28, EXHIBIT(S) Exhibit 5 Preliminary Conference Order, dated April 3, EXHIBIT(S) Exhibit 6 - Harbor Techs Interrogatories and Document Requests, dated May 18, EXHIBIT(S) Exhibit 7 - Compliance Conference Order dated November 8, EXHIBIT(S) Exhibit 8 December 8, 2017 letter from Mark R. Zancolli to Jack L. Lester 68 EXHIBIT(S) Exhibit 9 December 28, 2017 letter from Jack L. Lester to Mark R. Zancolli 69 EXHIBIT(S) Exhibit 10 - Plaintiffs responses and objections to Harbor Techs Document Requests, dated January 18(..) 70 EXHIBIT(S) Exhibit 11 - Plaintiffs responses and objections to Harbor Techs Document Requests, dated January 22(..) 71 EXHIBIT(S) Exhibit 12 January 30, 2018 letter from Mark R. Zancolli to Jack L. Lester 72 EXHIBIT(S) Exhibit 13 January 31, 2018 letter from Jack L. Lester to Mark R. Zancolli 73 EXHIBIT(S) Exhibit 14 January 31, 2018 letter from Mark R. Zancolli to Jack L. Lester 74 EXHIBIT(S) Exhibit 15 January 31, 2018 Notices of Depositions of plaintiffs 75 EXHIBIT(S) Exhibit 16 February 14, 2018 letter from Jack L. Lester to Mark R. Zancolli 76 MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Defendant's Motion to Strike the Verified Complaint and Dismiss Plai(..) 77 AFFIRMATION Affirmation of Actual Engagement 78 AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO 03/01/ /01/ AFFIDAVIT OR AFFIRMATION IN REPLY Reply Affirmation of Mark R. Zancolli in response to 03/02/2018 Page 4 of 11

5 plaintiff's opposition and in further support o(..) 80 ORDER - OTHER Central Compliance Part - dated 3/27/18 81 NOTICE OF Notice of Motion for Leav to Amend Answer 82 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF Afirmation of Mark R. Zancolli in Support of Motion for Leave to Amend Answer 83 EXHIBIT(S) Exhibit 1 Summons and Verified Complaint dated April 2, EXHIBIT(S) Exhibit 2 Amended Verified Answer, Affirmative Defenses and Counterclaims dated October 2, EXHIBIT(S) Exhibit 3 Verified Amended Reply to Counterclaims Asserted in Amended Answer dated October 14, EXHIBIT(S) Exhibit 4 Order dated June 16, 2014 (Hon. Debra Silber, J.S.C.) [ Doc. No. 28] 87 EXHIBIT(S) Exhibit 5 Opinion & Order of the Appellate Division dated December 28, 2016 [ Doc. No. 43] 88 EXHIBIT(S) Exhibit 6 - Harbor Techs Proposed Second Amended Verified Answer, Affirmative Defenses and Countercl(..) 89 EXHIBIT(S) Exhibit 7 Blackine version of the Proposed Second Amended Answer showing the proposed changes and a(..) 90 EXHIBIT(S) Exhibit 8 from Mark R. Zancolli, Esq. to Jack L. Lester, Esq. dated March 26, EXHIBIT(S) Exhibit 9 - from Mark R. Zancolli, Esq. to Jack L. Lester, Esq. dated April 3, AFFIDAVIT OR AFFIRMATION IN SUPPORT OF Affidavit of Elliot Neumann in Support of Motion for Leave to Amend Answer 93 EXHIBIT(S) Exhibit 1 Summons and Verified Complaint dated April 2, EXHIBIT(S) Exhibit 2 Amended Verified Answer, Affirmative Defenses and Counterclaims dated October 2, EXHIBIT(S) Exhibit 3 Harbor Techs Proposed Second Amended Verified Answer, Affirmative Defenses and Countercla(..) 96 EXHIBIT(S) Exhibit 4 Harbor Tech/David Scott lease 97 EXHIBIT(S) Exhibit 5 Tenant ledger for David Scott 04/06/2018 Page 5 of 11

6 98 EXHIBIT(S) Exhibit 6 Harbor Tech/Jeffrey Means lease 99 EXHIBIT(S) Exhibit 7 Tenant ledger for Jeffrey Means 100 EXHIBIT(S) Exhibit 8 Harbor Tech/Rita Passeri lease 101 EXHIBIT(S) Exhibit 9 Tenant ledger for Rita Passeri 102 EXHIBIT(S) Exhibit 10 Harbor Tech/Jason Bartis lease extension agreement 103 EXHIBIT(S) Exhibit 11 Tenant ledger for Jason Bartis 104 EXHIBIT(S) Exhibit 12 Harbor Tech/Douglas Fanning/Nerrisa Charles-Fanning lease 105 EXHIBIT(S) Exhibit 13 - Tenant ledger for Douglas Fanning and Nerrisa Charles-Fanning 106 EXHIBIT(S) Exhibit 14 Harbor Tech/Kelsey Knight Mohr/Bryan Johnson lease 107 EXHIBIT(S) Exhibit 15 Tenant ledger for Kesley Knight Mohr and Bryan Johnson 108 EXHIBIT(S) Exhibit 16 Harbor Tech/Rachel Foullon/Ian Cooper lease 109 EXHIBIT(S) Exhibit 17 Tenant ledger for Rachel Foullon and Ian Cooper 110 EXHIBIT(S) Exhibit 18 Harbor Tech/Craig LaCourt lease extension agreement 111 EXHIBIT(S) Exhibit 19 Tenant ledger for Craig LaCourt 112 EXHIBIT(S) Exhibit 20 Harbor Tech/Andrew Coates lease 113 EXHIBIT(S) Exhibit 21 - Tenant ledger for Andrew Coates 114 EXHIBIT(S) Exhibit 22 Harbor Tech/Jordan Wolfson lease 115 EXHIBIT(S) Exhibit 23 Tenant ledger for Jordan Wolfson 116 EXHIBIT(S) Exhibit 24 Harbor Tech/Justin Knapp lease extension agreement 117 EXHIBIT(S) Exhibit 25 Tenant ledger for Justin Knapp 118 EXHIBIT(S) Exhibit 26 - Harbor Tech/Sean Gilligan lease Page 6 of 11

7 119 EXHIBIT(S) Exhibit 27 Tenant ledger for Sean Gilligan 120 EXHIBIT(S) Exhibit 28 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. Vincent Lee, Index N(..) 121 EXHIBIT(S) Exhibit 29 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. Benjamin Soto, Index(..) 122 EXHIBIT(S) Exhibit 30 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. Alfredo Correa, Inde(..) 123 EXHIBIT(S) Exhibit 31 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. Jeffrey Means, Index(..) 124 EXHIBIT(S) Exhibit 32 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. Douglas Fanning, Ind(..) 125 EXHIBIT(S) Exhibit 33 - Stipulation of Settlement dated May 12, 2016 in Harbor Tech LLC v. David Eugene Scott, (..) 126 MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Supprot of Defendant's Motion for Leave to Amend Its Answer 127 ORDER TO SHOW CAUSE ( PROPOSED ) Proposed Order to Show Cause to reschedule return date or extend Note of Issue deadline 128 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Affirmation of Mark R. Zancolli in Support of Proposed Order to Show Cause 129 EXHIBIT(S) Exhibit 1 Summons & Complaint 130 EXHIBIT(S) Exhibit 2 Amended Verified Answer, Affirmative Defenses and Counterclaims 131 EXHIBIT(S) Exhibits 3 Verified Amended Reply to Counterclaims Asserted in Amended Answer 132 EXHIBIT(S) Exhibit 4 Order entered June 24, EXHIBIT(S) Exhibit 5 Appellate Division Order dated December 28, EXHIBIT(S) Exhibit 6 Notice of Motion filed April 9, EXHIBIT(S) Exhibit 7 Courts Motion Information Update 136 EXHIBIT(S) Exhibit 8 Central Compliance Part Order dated November 8, EXHIBIT(S) Exhibit 9 - Order dated March 27, 2018 Page 7 of 11

8 138 EXHIBIT(S) Exhibit 10 Notices of Deposition 139 DECISION/ORDER AFTER HEARING DECLINE TO SIGN 140 NOTICE OF Notice of Motion rescheduling the return date of Defendant Harbor Tech, LLC's pending motion for lea(..) 141 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF Affirmation of Mark R. Zancolli in support of motion rescheduling the return date of Defendant Harbo(..) 142 EXHIBIT(S) Exhibit 1- April 18, 2018 Order to Show Cause with handwritten notation [ Doc. No. 139] 143 EXHIBIT(S) Exhibit 2- Summons and Verified Complaint dated April 2, EXHIBIT(S) Exhibit 3- Amended Verified Answer, Affirmative Defenses and Counterclaims dated October 2, EXHIBIT(S) Exhibit 4 -Verified Amended Reply to Counterclaims Asserted in Amended Answer dated October 14, EXHIBIT(S) Exhibit 5- Order dated June 16, 2014 (Hon. Debra Silber, J.S.C.) [ Doc. No. 28] 147 EXHIBIT(S) Exhibit 6 -Opinion & Order of the Appellate Division dated December 28, 2016 [ Doc. No. 43] 148 EXHIBIT(S) Exhibit 7- Notice of Motion (Motion to Amend) filed April 9, 2018 [ Doc. No. 81] 149 EXHIBIT(S) Exhibit 8- Notice of Motion (Motion to Amend) filed April 9, 2018 [ Doc. No. 81] 150 EXHIBIT(S) Exhibit 9 -Affidavit of Elliot Neumann, dated April 9, 2018 (without exhibits) [ Doc. No. 92] 151 EXHIBIT(S) Exhibit 10-Harbor Techs Proposed Second Amended Verified Answer, Affirmative Defenses and Countercla(..) 152 EXHIBIT(S) Exhibit 11-Blackline version of the Proposed Second Amended Answer showing proposed changes and addi(..) 153 EXHIBIT(S) Exhibit 12-Courts Motion Information Update 154 EXHIBIT(S) Exhibit 13-Central Compliance Part Order dated November 8, EXHIBIT(S) Exhibit 14-Order dated March 27, 2018 [ Doc. No. 80] 04/18/2018 Page 8 of 11

9 156 EXHIBIT(S) Exhibit 15 -April 4, 2018 Letter from Mark R. Zancolli to Jack L. Lester enclosing notices of deposi(..) 157 EXHIBIT(S) Exhibit 16-April 17, 2018 Letter from Jack L. Lester to Mark R. Zancolli 158 NOTICE OF ENTRY Notice of Entry of Order entered on April 6, ORDER - OTHER dated 5/11/ AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO 05/07/ /16/ EXHIBIT(S) DOB Directive, Court Orders, DOB Violations 162 EXHIBIT(S) Motion for Leave to Appeal 163 EXHIBIT(S) Appellate Division Decision 164 EXHIBIT(S) Architect Report 165 EXHIBIT(S) HP Action, OSC, VP & Inspection Requests 166 EXHIBIT(S) Photographs of Dangerous Conditions 167 AFFIDAVIT OR AFFIRMATION IN REPLY Reply Affirmation of Mark R. Zancolli in reponse to plaintiffs' opposiiton and infurther support of (..) 168 EXHIBIT(S) Exhibit 1 - Copy of Final Pre-Note Order dated May 11, AFFIDAVIT OR AFFIRMATION IN REPLY Reply Affidavit of Elliot Neumann in Further Support of Harbor Tech's motion for leave to amend its (..) 170 EXHIBIT(S) Exhibit 1 - Copy of the Certificate of Occupancy 171 EXHIBIT(S) Exhibit 2 - Copy of the April 7, 2016 DOB letter 172 EXHIBIT(S) Exhibit 3 - Copies of elevator applications and elevator permits 173 EXHIBIT(S) Exhibit 4 - Copy of the December 18, 2013 Affidavit of Eugene Mendlowits 174 MEMORANDUM OF LAW IN REPLY Reply Memorandum of Law in Support of Defendant's Motion for Leave to Amend Its Answer 175 ORDER TO SHOW CAUSE ( PROPOSED ) Proposed Order to Show Cause to Restore Motion 176 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Affirmation of Mark R. Zancolli in Support of Motion to 07/23/ /23/2018 Page 9 of 11

10 Restore 177 EXHIBIT(S) Exhibit A - Copy of April 10, from efile@nycourts.gov 178 EXHIBIT(S) Exhibit B - Copy of print-out from court's website 179 APPENDIX Appendix of Filed Papers in Support of Defendant's Motion to Restore its Motion for Levae to Amend i(..) 180 ORDER TO SHOW CAUSE-SIGNED MS #7 181 ORDER TO SHOW CAUSE - CONFORMED COPY Signed Order to Show Cause to Restore Motion 182 AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service of Mark R. Zancolli of Order to Show Cause to Restore Motion 183 AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service of Edurin Colon of Order to Show Cause to Restore Motion with Supporting Papers 184 ORDER - OTHER dated 10/26/ /23/ /23/ /23/ /25/ /26/ /27/ /27/ /31/ NOTE OF ISSUE:WITH JURY 10/31/ AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO 187 EXHIBIT(S) DOB Directive, Court Orders, DOB Violations 188 EXHIBIT(S) Motion for Leave to Appeal 189 EXHIBIT(S) Appellate Division Decision 190 EXHIBIT(S) Architect Report 191 EXHIBIT(S) HP Action, OSC, VP & Inspection Requests 192 EXHIBIT(S) Photographs of Dangerous Conditions 193 ORDER TO SHOW CAUSE ( PROPOSED ) Proposed Order to Show Cause extending deadline for filing any motions for summary judgment from Dec(..) 194 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Affirmation of Mark R. Zancolli in Support of Order to Show Cause 195 EXHIBIT(S) Exhibit 1 - Final Pre-Note Order 196 EXHIBIT(S) Exhibit 2 - Note of Issue 197 ORDER - - SHORT FORM dtd 11/28/18 12/07/ /07/ /07/ /07/ /07/2018 Page 10 of 11

11 198 ORDER TO SHOW CAUSE-SIGNED 12/11/2018 MS #8 199 AFFIRMATION/AFFIDAVIT OF SERVICE 12/12/2018 Affidavit of Service of Order to Show Cause to Extend with Affirmation of Mark R. Zancolli 200 ANSWER WITH COUNTER-CLAIM(S) 12/21/2018 Second Amended Verified Answer, Affirmative Defenses and Counterclaims of Defendant Harbor Tech, LLC 201 ORDER - OTHER 01/03/2019 dated 12/20/ REPLY TO COUNTERCLAIM(S) 01/09/2019 Page 11 of 11