FILED: QUEENS COUNTY CLERK 08/24/ :13 PM INDEX NO /2017 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/24/2018

Similar documents
FILED: NEW YORK COUNTY CLERK 03/02/ :18 AM INDEX NO /2012 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/02/2015

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU. Plaintiff MICHELE M. WOODARD, J.

Shorter v Calderon 2014 NY Slip Op 30065(U) January 10, 2014 Supreme Court, Queens County Docket Number: 9133/2012 Judge: Robert J.

Torres v Budlong 2017 NY Slip Op 32399(U) October 6, 2017 Supreme Court, Bronx County Docket Number: /2013 Judge: Wilma Guzman Cases posted

Hong Gwon Ka v Yong Xin Liu 2011 NY Slip Op 33612(U) September 26, 2011 Supreme Court, Queens County Docket Number: 2130/2009 Judge: Robert J.

Sandoval v Urena 2017 NY Slip Op 31588(U) July 28, 2017 Supreme Court, New York County Docket Number: /13 Judge: Paul A. Goetz Cases posted

Uninsured/Underinsured Motorist (UM) Herniated Discs Total $ Outcome Case Type Subcategory Facts

FILED: KINGS COUNTY CLERK 08/03/ :57 PM INDEX NO /2015 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/03/2016

Iovine v Metropolitan Transp. Auth NY Slip Op 30169(U) January 16, 2014 Supreme Court, New York County Docket Number: /09 Judge: Arlene

Nelson v Ambery 2013 NY Slip Op 33788(U) July 19, 2013 Supreme Court, Bronx County Docket Number: /11 Judge: Ben R. Barbato Cases posted with a

Vazquez v Charnjit Kaur & Viixi Taxi, Inc NY Slip Op 31722(U) September 8, 2015 Supreme Court, Queens County Docket Number: 11728/2013 Judge:

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F DALE W. CLARK, EMPLOYEE OPINION FILED JUNE 21, 2004

Yi Chen v Clark 2015 NY Slip Op 30840(U) April 2, 2015 Supreme Court, Bronx County Docket Number: /11 Judge: Wilma Guzman Cases posted with a

FILED: NASSAU COUNTY CLERK 05/25/ :16 PM INDEX NO /2017 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/25/2018

FILED: RICHMOND COUNTY CLERK 01/05/ :23 AM INDEX NO /2015 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/05/2018

FILED: BRONX COUNTY CLERK 02/02/ :53 PM INDEX NO /2015E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 02/02/2016

Rodriguez v Russel 2013 NY Slip Op 33954(U) August 22, 2013 Supreme Court, Bronx County Docket Number: /09 Judge: Ben R. Barbato Cases posted

Wong v Isakov 2015 NY Slip Op 30113(U) January 5, 2015 Supreme Court, Queens County Docket Number: /2014 Judge: Robert J. McDonald Cases posted

Ramirez v Montero 2015 NY Slip Op 30278(U) February 4, 2015 Supreme Court, Suffolk County Docket Number: 27335/2012 Judge: William B.

Chalmers v Zlatkin 2015 NY Slip Op 31424(U) July 20, 2015 Supreme Court, Kings County Docket Number: /13 Judge: Debra Silber Cases posted with

Mendoza v New York City Tr. Auth NY Slip Op 33200(U) December 13, 2018 Supreme Court, New York County Docket Number: /2016 Judge: Adam

Land v Sherman 2014 NY Slip Op 33561(U) October 22, 2014 Supreme Court, Bronx County Docket Number: /12 Judge: Mark Friedlander Cases posted

Deoliveira v Singh 2011 NY Slip Op 31068(U) April 20, 2011 Supreme Court, Queens County Docket Number: 19339/2007 Judge: Robert J.

v No Wayne Circuit Court

Furman v Lattka 2013 NY Slip Op 30482(U) February 14, 2013 Supreme Court, Suffolk County Docket Number: 26488/2008 Judge: William B.

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION OPINION FILED NOVEMBER 23, 2010

FILED: BRONX COUNTY CLERK 04/21/ :32 AM INDEX NO /2013E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 04/21/2015

FILED: NEW YORK COUNTY CLERK 02/28/ :05 PM INDEX NO /2016 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 02/28/2017

Titikpina v Conde 2015 NY Slip Op 30797(U) March 6, 2015 Sup Ct, Bronx County Docket Number: /2012 Judge: Julia I. Rodriguez Cases posted with

Nicole v RJ Lease Mgt. Corp NY Slip Op 31987(U) September 15, 2016 Supreme Court, Bronx County Docket Number: /2013 Judge: Wilma Guzman

FILED: NEW YORK COUNTY CLERK 03/19/ :42 AM INDEX NO /2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/19/2018

Jackson v Mariam Et Alassane Car Serv., Inc. v 2014 NY Slip Op 33293(U) February 18, 2014 Supreme Court, Bronx County Docket Number: /2011

Yong v Gokhul 2014 NY Slip Op 33340(U) August 12, 2014 Supreme Court, Queens County Docket Number: /2012 Judge: Robert J. McDonald Cases posted

James v Nailey 2013 NY Slip Op 31203(U) May 31, 2013 Supreme Court, Queens County Docket Number: 10126/10 Judge: Orin R. Kitzes Republished from New

1. This affirmation and the annexed exhibits are submitted in support of

Ahmed v Kahman 2014 NY Slip Op 33320(U) May 9, 2014 Supreme Court, Bronx County Docket Number: /08 Judge: Ben R. Barbato Cases posted with a

FILED: KINGS COUNTY CLERK 06/07/ :36 PM INDEX NO /2016 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 06/07/2017

Ngom v New York City Tr. Auth NY Slip Op 33406(U) December 18, 2018 Supreme Court, New York County Docket Number: /2016 Judge: Lisa A.

Bartlett v Espinosa 2015 NY Slip Op 30556(U) April 7, 2015 Sup Ct, Queens County Docket Number: 11360/2013 Judge: Robert J. McDonald Cases posted

FILED: KINGS COUNTY CLERK 03/16/ :18 AM

Rodriguez v Joshua Taxi Inc NY Slip Op 31469(U) July 2, 2013 Supreme Court, Queens County Docket Number: 16091/2011 Judge: Robert J.

De Jesus v Reynoso 2016 NY Slip Op 31103(U) May 17, 2016 Supreme Court, Bronx County Docket Number: 23011/2013 Judge: Alison Y. Tuitt Cases posted

FILED: NEW YORK COUNTY CLERK 02/06/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 02/06/2018

Beato v Ottenwalder 2017 NY Slip Op 30919(U) April 12, 2017 Supreme Court, Bronx County Docket Number: /14 Judge: Armando Montano Cases posted

Aziz v Manley 2010 NY Slip Op 33279(U) November 16, 2010 Supreme Court, Nassau County Docket Number: 18210/08 Judge: Thomas A. Adams Republished from

Destra v Magett 2011 NY Slip Op 30260(U) January 25, 2011 Sup Ct, Suffolk County Docket Number: Judge: Ralph T. Gazzillo Republished from

STATE OF MICHIGAN COURT OF APPEALS

Merchants Preferred Ins. Co. v Jones 2016 NY Slip Op 31866(U) July 27, 2016 Supreme Court, Suffolk County Docket Number: Judge: Joseph A.

Palmer v Charles 2011 NY Slip Op 34248(U) October 21, 2011 Supreme Court, Bronx County Docket Number: /09 Judge: Lizbeth Gonzalez Cases posted

Amkraut v Evens 2013 NY Slip Op 33950(U) August 16, 2013 Supreme Court, Bronx County Docket Number: /2009 Judge: Mitchell J.

Rosario v Morales 2016 NY Slip Op 30373(U) March 3, 2016 Supreme Court, New York County Docket Number: /13 Judge: Leticia M.

Hicks v Gelbien 2015 NY Slip Op 31590(U) August 20, 2015 Supreme Court, Queens County Docket Number: 17432/2013 Judge: Robert J.

FILED: NEW YORK COUNTY CLERK 02/26/ :04 PM INDEX NO /2015 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/26/2018

v No Wayne Circuit Court GRANGE INSURANCE COMPANY OF LC No NI MICHIGAN,

IN THE SUPERIOR COURT OF JASPER COUNTY STATE OF GEORGIA

Diaz v Acevedo 2014 NY Slip Op 33314(U) July 10, 2014 Supreme Court, Bronx County Docket Number: /2011 Judge: Norma Ruiz Cases posted with a

NOT DESIGNATED FOR PUBLICATION

FILED: QUEENS COUNTY CLERK 05/06/ :22 PM INDEX NO /2014 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 05/06/2016

Windley v Rodriquez 2016 NY Slip Op 30894(U) April 1, 2016 Supreme Court, Bronx County Docket Number: /2009 Judge: Sharon A.M.

Jay v Abubakar 2016 NY Slip Op 32625(U) December 7, 2016 Supreme Court, Bronx County Docket Number: /2010 Judge: Robert T. Johnson Cases posted

STATE OF MICHIGAN COURT OF APPEALS

Labita v Saer 2011 NY Slip Op 33632(U) June 14, 2011 Sup Ct, Suffolk County Docket Number: Judge: W. Gerard Asher Republished from New York

Plaintiff, Defendants.

Cisse v Style Coach Corp NY Slip Op 32228(U) October 19, 2017 Supreme Court, New York County Docket Number: /15 Judge: Paul A.

Plaintiff, Defendants. Plaintiff, Defendants.

FILED: ROCKLAND COUNTY CLERK 05/14/ :19 PM INDEX NO /2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 05/14/2018

Scott v Metrostar Cab Corp NY Slip Op 31016(U) May 12, 2017 Supreme Court, New York County Docket Number: /2014 Judge: Paul A.

Upon reading the papers submitted and due deliberation having been had herein, motion

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

Akter v Barabas 2013 NY Slip Op 30970(U) May 3, 2013 Sup Ct, Queens County Docket Number: /2011 Judge: Robert J. McDonald Republished from New

Style v Abbott 2014 NY Slip Op 33232(U) January 23, 2014 Supreme Court, Bronx County Docket Number: /2013 Judge: Lucindo Suarez Cases posted

Gonzalez v Thomas 2013 NY Slip Op 33957(U) August 13, 2013 Supreme Court, Bronx County Docket Number: /10 Judge: Ben R. Barbato Cases posted

FILED: QUEENS COUNTY CLERK 10/29/ :04 PM INDEX NO /2014 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/29/2015

Sanchez v Ka 2013 NY Slip Op 30194(U) January 30, 2013 Sup Ct, Queens County Docket Number: 15604/2010 Judge: Robert J. McDonald Republished from New

SHORT FORM ORDER TRIAL/IAS PART 37. Plaintiff NASSAU COUNTY INDEX NO MOTION SEQUENCE:

FILED: KINGS COUNTY CLERK 05/08/ :03 PM INDEX NO /2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/08/2018

Forman v Rizvi 2012 NY Slip Op 31388(U) May 7, 2012 Supreme Court, Nassau County Docket Number: /10 Judge: Randy Sue Marber Republished from

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION OPINION FILED JULY 31, 2009

Siguenza v Pertile 2010 NY Slip Op 30780(U) April 6, 2010 Supreme Court, New York County Docket Number: /2007 Judge: George J.

MD Hossain v Chona Tr NY Slip Op 30471(U) March 31, 2015 Sup Ct, Queens County Docket Number: 17020/2011 Judge: Robert J. McDonald Cases posted

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G CATHERINE WILLIAMSON, Employee. BUTTERFIELD TRAIL VILLAGE, INC.

Posy v Chiavzzi 2010 NY Slip Op 33044(U) October 18, 2010 Supreme Court, Nassau County Docket Number: 16155/08 Judge: Antonio I.

FILED: NASSAU COUNTY CLERK 01/03/ :41 PM INDEX NO /2015 NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 01/03/2019

Silvestre v Amato 2015 NY Slip Op 31671(U) March 12, 2015 Supreme Court, Westchester County Docket Number: 70352/2012 Judge: Francesca E.

Rodriguez v Krasdale Foods, Inc NY Slip Op 32159(U) November 9, 2015 Supreme Court, Queens County Docket Number: /2013 Judge: David

State of New York Supreme Court, Appellate Division Third Judicial Department

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F AAC RISK MANAGEMENT SERVICES INSURANCE CARRIER OPINION FILED AUGUST 4, 2004

PLEASE TAKE NOTICE, that upon the annexed affirmation of JEENA R. BELIL, dated XXXXXXX 4,

Padovani v Little Richie Bus Serv. Inc NY Slip Op 33955(U) August 5, 2013 Supreme Court, Bronx County Docket Number: /10 Judge: Mitchell

STATE OF MICHIGAN COURT OF APPEALS

Kyan Mullings ( plaintiff ) appeals the final decision. of Acting Commissioner of Social Security Carolyn W. Colvin

Plaintiff(s), Defendant(s).

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

FILED: NEW YORK COUNTY CLERK 04/20/ :08 PM INDEX NO /2013 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/20/2016

Torain v Gaye 2012 NY Slip Op 33895(U) March 9, 2012 Supreme Court, Bronx County Docket Number: /2009 Judge: Betty Owen Stinson Cases posted

FILED: NEW YORK COUNTY CLERK 12/03/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/03/2013

FILED: KINGS COUNTY CLERK 06/20/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/20/2018

NOT DESIGNATED FOR PUBLICATION

Cooper v Campbell 2017 NY Slip Op 30709(U) April 13, 2017 Supreme Court, New York County Docket Number: /2014 Judge: Paul A. Goetz Cases posted

Transcription:

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------X ASHLEY RAPHAEL, Index No.: 703516/2017 Plaintiff, REPLY AFFIRMATION -against- THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, P.O. GEORGE MOORE, MIRZA LIMO INC. and ADECHINAN OUSSAMATOU-NAYYIF, Defendants. ----------------------------------- X MICHAEL J. AVILES, an attorney licensed to practice law before the courts of the State of New York, hereby affirms under the penalties of perjury as follows: 1. That the instant Affirmation is made in Reply in opposition papers of defense counsel (dated July 25, 2018) for the defendants MIRZA LIMO INC. and ADECHINAN OUSSAMATOU-NAYYIF, submitted in response to the Plaintiff's Motion for Summary Judgment or in the alternative striking defendants' Answers. 2. Defendant MIRZA/OUSSAMATOU-NAYYIF asserts that Summary Judgment should be granted with a finding that Co-Defendant MOORE, CITY and NYCPD are at solely fault for the accident at issue herein. Amazingly, the defendants have provided no evidence to dispute the Plaintiff's version of the events, clearly set forth in their affidavit. 3. The court's attention is respectfully directed to the fact that opposition contains factual errors, baseless assumptions, and conclusory assertions. 4. Defendants MIRZA/OUSSAMATOU-NAYYIF incorrectly asserts that "plaintiff offers not admissible medical proof to support a conclusion that a serious injury was in fact sustained as a result of the occurrence". In fact, this was a serious motor vehicle collision where the plaintiff, Ashley Raphael, who was at the time of the accident 26 years old, was struck while riding as a passenger in defendants MIRZA's cab at an intersection, by a vehicle owned by 1 of 7

the defendants THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT and driven by P.O. GEORGE MOORE on May 27, 2016. As a result of the collision, the plaintiff sustained and suffered severe and permanent personal injuries, including: Cervical spine: Right paracentral herniation at C3-4 with thecal sac indentation; central herniation at C4-5 with thecal sac indentation; central herniation at C5-6 with thecal sac indentation; Buldging disc without stenosis Cervical nerve root impingement; herniated nucleus pulposus, thoracic; Lumbar spine: Buldging disc at L4/5 without stenosis; central herniation at L5/S1 With midline annular tear component and thecal sac indentation and impingement upon originating S1 roots; Herniated lumbar intervertebral disc; Bilateral lumbosacral nerve root lesions; Thoracic spine: Left paracentral herniation at T2-3 with thecal sac indentation; Upper/lower back pain and neck pain with radiation into both right and left upper extremities, with radiation into both right and left lower extremities and with radiation with numbness, tingling and dyesthesias. Left Shoulder: Anteroinferior labral tear; inflammatory thickening of the inferior glenohumeral ligament, correlate clinically; left shoulder pain; Right knee: Grade 1 signal in anterior and posterior horns of medial meniscus; Medial retinacular sprain; joint effusion; lateral tilt of patella without patellofemoral arthrosis; right knee pain; HNP, Radiculopathy, spinal stenosis, instability; 5. As previously mentioned, Plaintiff underwent surgery on December 15, 2016: Posterior spinal fusion and laminectomy; Posterolateral Fusion L5/1; Segmental Pedicle Fixation L5/1; Lumbar Laminectomy; Facetectomy, Foranlinotomy; Discectomy; BMP implant; Morselized Bone Graft; Neurolysis 5/1; Flouroscopy; Complex Closure. Plaintiff has difficulty 2 of 7

with activities of daily living, difficulty in walking up and down stairs, bending, walking, s nnding, getting up, pushing, lifting; plaintiff continues to have head, neck and back pain; Plaintiff has undergone cervical thoracic and lumbar spine epidural injections, physical therapy, acupuncture, chiropractic care. (EXHIBIT A - Plaintiff's Bill of Particulars). 6. Plaintiff has treated continuously from the time of the accident and has done physical therapy and home exercises, with little improvement, since the accident. Despite treatment, plaintiff continues to suffer with significant reductions in the range of motion of her cervical spine and lumbar spine, now over two years after the accident. 7. Moreover, Plaintiff is establishing a serious injury via submission of all plaintiff's medical evidence from her treating providers, in admissible form. (EXHIBIT B - plaintiff's certified medical records) 8. Defendant falsely contends that "plaintiff has evidence no interest in deposing a representative of MIRZA, the other of the vehicle driven by (defendant) Oussamatou- Nayyif" In fact, by letters dated August 14, 2017, November 7, 2017 and December 15, 2017, your affirmant's office wrote to counsel in a good-faith attempt to schedule defendants' depositions. A copy of the August 14,2017, November 7, 2017 and December 15, 2017 letters were collectively annexed asexhibit 'K' to plaintiff's Motion for Summary Judgment. 9. To date, Defendants have failed to appear for their respective depositions and have failed to provide a date to hold defendants depositions, in violation of two (2) Court orders. 10. On April 26, 2017, a Preliminary Conference Order was entered into, requiring Defendants CITY and P.O. MOORE to appear for their deposition on August 15, 2017 and defendants MIRZAA and OUSSAMATOU-NAYYIF to appear for deposition on August 22, 2017. A copy of the Preliminary Conference Order is annexed hereto as Exhibit 'E' to plaintiff's Motion to Summary Judgment. 3 of 7

11. All Defendants have failed to appear for their court-ordered deposition in violation of the Preliminary Conference Order, without providing any justification or excuse. 12. On October 2, 2017, a Compliance Conference Order was entered into, requiring: DEPOSITIONS "Defendant Mirza Limo and Nayyif to appear for deposition on 1/14/18 at 10:00 am" and ORDERED that all parties (City) not yet deposed shall appear for depositions on 12/18/17 at 10:00 a.m. o'clock. " Moreover, the Court ordered: "that all proceedings directed herein shall be completed on or before the dates set forth. NO ADJOURNMENTS OF THE DATES SET FORTH HEREIN ARE TO BE HAD WITHOUT THE COURT'S APPROVAL, AND IT IS FURTHER ORDERED THAT ANY FAILURE TO COMPLY STRICTLY WITH THE TERMS OF THIS ORDER SHALL BE GROUNDS FOR THE STRIKING OF PLEADINGS OR OTHER RELIEF PURSUANT TO CPLR 3126. " A copy of the Compliance Conference Order was annexed as Exhibit 'G' to plaintiff's Motion to Summary Judgment. 13. Once again, all Defendants failed to appear for their court-ordered deposition in violation of the Compliance Conference Order, without providing any justification or excuse. 14. As the Court of Appeal explained in Kihl v. Pfeffer, 94 N.Y.2d 118, 700 N.Y.S.2d 87 (1999), the court is authorized by law to strike the pleadings of a party who refuses to obey a court order: [W]hen a party fails to comply with a court order and frustrates the disclosure scheme set forth in the CPLR, it is well within the Trial Judge's discretion to dismiss [its pleading]. * * 4 of 7

If the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity. Indeed, the Legislature, recognizing the need for courts to be able to command compliance with their disclosure directives, has specifically provided that a "court may make such orders...as are just," including dismissal of an action (CPLR 3126). Finally we underscore that compliance with a disclosure order requires both a timely response and one that evinces a good-faith effort to address the requests meaningfully. Kihl, 94 N.Y.2d at 122-23, 700 N.Y.S.2d at 90. 15. The willful and contumacious character of conduct is demonstrated by their unjustified, unexcused failure to appear for their respective depositions. See Commisso v. Orshan, 85 A.D.3d 845, 925 N.Y.S.2d 612 (2d Dep't 2011) ("The willful and contumacious character of a party's conduct can be inferred from the party's repeated failure to comply with discovery demands or orders without a reasonable excuse.") (internal citations and quotations omitted). 16. This Court should act upon its repeated warnings that the failure to comply with a Court order will result in the imposition of sanctions by striking the Answers due to their willful and contumacious violations of two Court orders. See Kroll, 10 A.D.3d at 633-34; Kopin, 299 A.D.2d at 937-38. 17. In addition to striking Answers, this Court should also award cost to Plaintiff's counsel for having to make this motion. 18. The plaintiff has satisfied their initial burden of proof and defendants have provided a naked legal document, with not an iota of evidence, in opposition. 19. The defendants have provided an "opposition" that is in effect no opposition at all. WHEREFORE, the Court should enter an order: (a) GRANTING summary judgment to Plaintiff as to liability in this motor vehicle action, pursuant to New York Civil Practice Law and Rules ("CPLR") 3212; 5 of 7

(b) In the event that the Court does not grant summary judgment to Plaintiff, this Court should STRIKE the Answers of all defendants, THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, P.O. GEORGE MOORE, MIRZA LIMO INC. and ADECHINAN OUSSAMATOU-NAYYIF, for their unjustified, willful failure and contumacious violations of two Court orders, and refusal to appear for depositions and provide relevant discovery in violation of multiple Court orders and Plaintiff's demands, pursuant to CPLR 3126; (c) SETTING this matter down for an immediate trial on the sole issue of Plaintiff's damages; or in the alternative; and (d) AWARDING costs to Plaintiff for having to make this motion and such other and further relief as is just and proper under the circumstances. Dated: New York, New York August 24, 2018 MICHAEL J. AVILES & ASSOCIATES, LLC Attorneys for Plaintiff Juichael J. duiteo By: Michael J. Aviles, Esq. 145 Hudson Street, Suite 5C New York, New York 10013 Ph: Fax: (212) 307-0023 (212) 307-0187 6 of 7

To: BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendants Mirza Limo Inc. And Nayyif Adechinan Oussamatou One Metrotech Center, 8th FlOOr Brooklyn, New York 11201 Tel: 212-857-8230 Fax: 212-857-8238 ZACHARY W. CARTER Corporation Counsel Attorneys for Defendants The City of New York, The City of New York s/h/a New York City Police Department 100 Church Street New York, New York 10007 Tel: 212-356-3235 Law Dept # 2017-001944 7 of 7