FILED: NEW YORK COUNTY CLERK 10/10/ :42 PM INDEX NO /2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/10/2018

Similar documents
Sirs: Let the plaintiff, ELRAC LLC d/b/a ENTERPRISE RENT-A- PRESENT: Hon. GERALD LEBOVITS, J.S.C.

FILED: NEW YORK COUNTY CLERK 04/24/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/24/2018

FILED: KINGS COUNTY CLERK 02/23/ :39 PM INDEX NO /2016 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 02/23/2018

At Part of the Supreme Court of the. of New York, at the Courthouse thereof, 60 PLAINTIFF, DEFENDANTS.

FILED: NEW YORK COUNTY CLERK 03/19/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 03/19/2018

FILED: NEW YORK COUNTY CLERK 05/31/ :50 PM INDEX NO /2015 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/07/2016

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

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

FILED: NEW YORK COUNTY CLERK 08/17/ :08 AM INDEX NO /2015 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 08/17/2017

FILED: NEW YORK COUNTY CLERK 02/13/ :25 PM INDEX NO /2012 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 02/13/2017

FILED: NEW YORK COUNTY CLERK 10/12/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 10/19/2018

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

York, affmns under the penalties for perjury, the truth of the following statements:

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

- against - NOTICE OF MOTION

FILED: NEW YORK COUNTY CLERK 07/06/ :18 PM INDEX NO /2006 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/06/2016. Exhibit 21

FILED: NEW YORK COUNTY CLERK 09/26/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/26/2017

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

FILED: NEW YORK COUNTY CLERK 07/18/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 07/18/2018

FILED: NEW YORK COUNTY CLERK 02/21/ :16 AM INDEX NO /2017 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 02/21/2018

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

FILED: NEW YORK COUNTY CLERK 12/28/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/28/2016

FILED: NEW YORK COUNTY CLERK 11/01/ :57 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/01/2016

FILED: NASSAU COUNTY CLERK 07/31/ :44 PM INDEX NO /2015 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 07/31/2015

FILED: BRONX COUNTY CLERK 06/06/ :24 PM INDEX NO /2016E NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/06/2016

FILED: ALBANY COUNTY CLERK 02/15/ :30 PM INDEX NO. A01268/2014 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/16/2017

FILED: KINGS COUNTY CLERK 02/09/ :50 PM INDEX NO /2015 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 02/09/2018

FILED: NEW YORK COUNTY CLERK 05/11/ :52 PM INDEX NO /2016 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 05/11/2018

Chidi Eze, Esq., an attorney at law, duly admitted to practice law before this Court,

FILED: NASSAU COUNTY CLERK 07/11/ :53 AM INDEX NO /2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/11/2018

FILED: KINGS COUNTY CLERK 05/25/ /09/ :37 12:27 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2016

FILED: KINGS COUNTY CLERK 07/05/ :46 AM INDEX NO /2016 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/05/2017

The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee on behalf of

FILED: NEW YORK COUNTY CLERK 07/18/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2016

FILED: NYS COURT OF CLAIMS 01/02/ :25 PM CLAIM NO NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/02/2018

FILED: NEW YORK COUNTY CLERK 07/26/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2016

Counterclaim-Plaintiffs, Counterclaim-Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

Plaintiff, Justice Lynn R. Kotler IA Part 8 NOTICE OF SETTLEMENT. By:. Mitchell J. Ge r, Esq. 31 West 52nd Street. New York, New York 10019

FILED: NEW YORK COUNTY CLERK 04/18/ :48 PM INDEX NO /2016 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/18/2017

McCormick v City of New York 2014 NY Slip Op 30255(U) January 28, 2014 Supreme Court, New York County Docket Number: /2005 Judge: Kathryn E.

Smith v County of Nassau 2015 NY Slip Op 32561(U) February 13, 2015 Supreme Court, Nassau County Docket Number: Judge: James P.

FILED: NEW YORK COUNTY CLERK 06/05/ :08 PM INDEX NO /2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 06/05/2017

FILED: NEW YORK COUNTY CLERK 07/10/ :36 PM INDEX NO /2017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/10/2017

FILED: KINGS COUNTY CLERK 01/02/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2018

FILED: QUEENS COUNTY CLERK 04/25/ :50 PM INDEX NO /2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 04/25/2017

NOTE OF ISSUE Index No /2016 SUPREME Court, QUEENS County, N.Y.

Siegel v Engel Burman Senior Hous. at E. Meadow, LLC 2010 NY Slip Op 33833(U) October 21, 2010 Sup Ct, Nassau County Docket Number: 6709/09 Judge:

FILED: NEW YORK COUNTY CLERK 06/17/ :47 PM INDEX NO /2012 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/17/2016

MEMORANDUM OF LAW IN SUPPORT OF PETITION AND MOTION TO VACATE ARBITRATION AWARD PURSUANT TO CPLR 7511

Unitrin Advantage Ins. Co. v Better Health Care Chiropractic, P.C NY Slip Op 30837(U) May 4, 2016 Supreme Court, New York County Docket Number:

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

FILED: NEW YORK COUNTY CLERK 10/09/ :53 PM

FILED: NEW YORK COUNTY CLERK 01/31/ :51 PM INDEX NO /2016 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/31/2017

FILED: NEW YORK COUNTY CLERK 04/15/ :21 PM INDEX NO /2014 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/15/2016

FILED: NEW YORK COUNTY CLERK 11/30/ :14 PM INDEX NO /2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2016

Janicki v Beaux Arts II LLC 2016 NY Slip Op 30614(U) April 11, 2016 Supreme Court, New York County Docket Number: /2013 Judge: Arthur F.

X

FILED: NEW YORK COUNTY CLERK 07/31/ :54 PM INDEX NO /2014 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/31/2015

CHARLES N. INTERNICOLA, ESQ. CASE LITIGATION REPORT

FILED: QUEENS COUNTY CLERK 05/19/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/19/2017

FILED: NEW YORK COUNTY CLERK 04/20/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/20/2018

FILED: KINGS COUNTY CLERK 06/16/ :02 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2017

Fernandez v Ean Holdings, LLC 2014 NY Slip Op 33106(U) August 1, 2014 Supreme Court, Queens County Docket Number: 6907/12 Judge: Darrell L.

FILED: NASSAU COUNTY CLERK 01/12/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/12/2018

Spallone v Spallone 2014 NY Slip Op 32412(U) September 11, 2014 Sup Ct, NY County Docket Number: /2013 Judge: Eileen A. Rakower Cases posted

FILED: NEW YORK COUNTY CLERK 08/11/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/11/2017

FILED: QUEENS COUNTY CLERK 10/02/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/02/2016

FILED: NEW YORK COUNTY CLERK 03/06/ :01 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/07/2017

FILED: NEW YORK COUNTY CLERK 04/11/ :48 PM INDEX NO /2013 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/11/2017

FILED: NEW YORK COUNTY CLERK 08/10/ :35 PM INDEX NO /2015 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 08/10/2018

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

What does it mean to domesticate a foreign judgment?

FILED: NEW YORK COUNTY CLERK 11/13/ :32 PM INDEX NO /2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/13/2017

IN THE CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND

Golia v Char & Herzberg LLP 2014 NY Slip Op 30985(U) April 14, 2014 Supreme Court, New York County Docket Number: /13 Judge: Anil C.

FILED: NEW YORK COUNTY CLERK 05/13/ :15 PM INDEX NO /2014 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/13/2015. Exhibit 1.

FILED: KINGS COUNTY CLERK 04/16/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/16/2018

FILED: NEW YORK COUNTY CLERK 06/19/ :27 PM INDEX NO /2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/19/2017

FILED: NEW YORK COUNTY CLERK 05/01/ :07 PM INDEX NO /2014 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/01/2015

FILED: NEW YORK COUNTY CLERK 09/30/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2016

FILED: NEW YORK COUNTY CLERK 10/19/ :19 PM INDEX NO /2013 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/19/2015

FILED: KINGS COUNTY CLERK 03/14/ :00 AM INDEX NO /2017 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/14/2018

FILED: NEW YORK COUNTY CLERK 04/18/ :19 PM INDEX NO /2016 NYSCEF DOC. NO. 314 RECEIVED NYSCEF: 04/18/2018

FILED: NEW YORK COUNTY CLERK 04/05/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 04/05/2016

Roza 14W LLC v ATB Holding Co., LLC 2014 NY Slip Op 32162(U) August 6, 2014 Supreme Court, New York County Docket Number: /2013 Judge: Ellen M.

ORDER TO SHOW. NYCTL TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for CAUSE

Gonzalez v Jaafar 2019 NY Slip Op 30022(U) January 4, 2019 Supreme Court, New York County Docket Number: /2016 Judge: Kathryn E.

FILED: NEW YORK COUNTY CLERK 01/31/ :33 AM INDEX NO /2017 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/31/2018

Barker v LC Carmel Retail LLC 2018 NY Slip Op 33410(U) December 31, 2018 Supreme Court, New York County Docket Number: /2016 Judge: David

SUPREME COURT - NASSAU COUNTY - IAS PART 56 PART RULES & PROCEDURES

FILED: ERIE COUNTY CLERK 09/19/ :42 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2014

FILED: NEW YORK COUNTY CLERK 02/21/ :54 PM INDEX NO /2013 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/21/2017

FILED: NEW YORK COUNTY CLERK 11/28/2012 INDEX NO /2011 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 11/28/2012

FILED: NEW YORK COUNTY CLERK 03/21/ :31 AM INDEX NO /2016 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/21/2017

Dupiton v New York City Tr. Auth NY Slip Op 33234(U) November 26, 2018 Supreme Court, Queens County Docket Number: /2016 Judge: Ernest F.

rdd Doc 267 Filed 08/16/13 Entered 08/16/13 14:47:55 Main Document Pg 1 of 3

FILED: NEW YORK COUNTY CLERK 02/07/ :51 PM

Exhibit FILED: KINGS COUNTY _ CLERK ;;;;;;;;;; 12/07/2016 -: :44 -. PM INDEX NO /2015

FILED: NEW YORK COUNTY CLERK 05/22/ :59 PM INDEX NO /2013 NYSCEF DOC. NO. 201 RECEIVED NYSCEF: 06/01/2015

FILED: NEW YORK COUNTY CLERK 12/14/ :34 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/2016

Transcription:

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------X ELRAC, LLC d/b/a ENTERPRISE RENT-A-CAR, Index No.: 158466/2015 Plaintiff, AFFIRMATION IN SUPPORT OF - against - MOTION TO STRIKE STEVEN FELDMAN, PLEADINGS Defendant. -- ---------------------------------------------------X EVAN R. SCHIEBER, an attorney admitted to practice law in the State of New York, affirms under the penalty of perjury as follows: 1. I am a partner at Rivkin Radler LLP, the attorneys for the plaintiff ELRAC, LLC d/b/a Enterprise Rent-A-Car, ("Plaintiff"). I am fully familiar with the facts and circumstances of this matter based on facts known to me to be true, my review of the books and records maintained by Plaintiff and other information supplied to me by various agents and employees of Plaintiff. This affinnation is respectfully subalitted in support of Plaintiff's motion for relief based on Steven Feldman's ("Defendant") violation of this Court's order of August 1, 2018 ("August 2018 Order") and for an order: (a) pursuant to CPLR 3126 striking the pleading of Defendant; (b) precluding the Defendant from offering testimonial and documentary evidence in support of Defendant's position in this action at trial; (c) resolving against the Defendant all issues; (c) directing Defendant to pay the costs and expenses, including Plaintiff's attorneys' fees occasioned by his contempt and multiple violations of Court orders and discovery violations; and (d) for such other and further relief as this Court deems just and proper. This application has been necessitated by Defendant's brazen and contumacious conduct in violating the August 2018 Order. In the August 2018 Order, this Court vacated its order 1 of 5

striking Defendant's Answer on, inter alia, the strict condition precedent that Defendant fully comply with all outstanding discovery by a date certain. The August 2018 Order, in which this Court reinstated Defendant's Answer only if Defendant complied with, and produced all documents that had been outstanding for years, was based on the finding that Defendant had, for years, violated repeated discovery demands and court orders. The August 2018 Order was the proverbial "final straw" in which the Court made very clear that Defendant had one last and final opportunity to produce responses to all outstanding demands by August 31, 2018. The August 2018 Order is unequivocal in that the remedy for Defendant's failure would be that the Defendant's pleading would remain stricken and the matter proceed to inquest as this Court had already ruled. Not surprisingly, and not for the first time, Defendant ignored the Court's August 2018 Order and openly flouted its directives. In response to the August 2018 Order, Defendant issued a sham response to Plaintiff's First Demand for the Production of Documents dated February 8, 2017 ("Document Demand") consisting exclusively of boilerplate improper objections. Not one document was produced. Succinctly, it is uncontroverted that, in failing to produce a single document despite the Court's clear direction to provide responses to all of Plaintiff's discovery demands, Defendant contempt is clear. As the accompanying Memorandum of Law explains, it is respectfully submitted that the remedy is clear as well. This Court has already stricken Defendant's pleading and in the August 2018 Order stated that vacating Defendant's default was "conditional", meaning that non-compliance would be appropriately punished and the pleading would remain stricken for his non-compliance. It is submitted therefore that Defendant's intentional litigation conduct in failing to abide by the Court's August 2018 Order must be met with an order, once again, striking Defendant's pleadings. 2 2 of 5

2. I further respectfully submit this affirmation to place before the Court the following relevant documents. (a) Annexed hereto as Exhibit "A" is a copy of the August 2018 Order. (b) Annexed hereto as Exhibit "B" is a copy of the Order to Strike Defendant's pleading dated December 11, 2017. (c) Annexed hereto as Exhibit "C" is Defendant's response to Plaintiff's Document Demand. (d) Annexed hereto as Exhibit "D" is a copy of Plaintiff's Document Demand dated February 8, 2017. (e) Annexed hereto as Exhibit "E" is a true copy a March 13, 2017 seeking compliance by Defendant of his discovery obligations. (f) Annexed hereto as Exhibit "F" is a true copy of this Court's Compliance Conference order dated April 26, 2017. (g) Annexed hereto as Exhibit "G" is a true copy of a letter dated August 16, 2017 reminding Defendant of his repeated failure to comply with courtordered discovery. (h) Annexed hereto as Exhibit "H" is a copy of a letter dated September 26, 2018 seeking compliance by Defendant of his obligations under the August 2018 Order. 3. Based on the foregoing and for the reasons set forth in the accompanying Memorandum of Law, Plaintiff respectfully requests that the Court grant Defendant's motion in its entirety and (a) strike the Defendant's Answer; (b) resolve against Defendant all issues; (c) direct Defendant to pay the costs and expenses occasioned by Defendant's multiple discovery 3 3 of 5

violations and orders of this Court; (d) give Plaintiff such other and further relief as this Court, (c) for such other and further relief as the Court deems just and proper. Dated: New York, New York October 10, 2018 Evan R. Schieber 4 4 of 5

ATTORNEY CERTIFICATION To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation and filing of the papers herein are not "frivolous", as defined in subsection (c) of section 130-1.1 of NYCRR. Dated: New York, New York October 10, 2018 Evan R. Schieber 4134598v1 5 of 5