RJI FROM PRIOR COUNTY (COPY) - Original document type was RJI -RE: REQUEST FOR PRELIMINARY CONFERENCE March 20, 2019 (2024)

On December 05, 2018 aRequest for Judicial Interventionwas filedinvolving a dispute betweenAngel Cruz,andDelta Air Lines, Inc.,Esco Corporation,Esco Group Llc,F And M Equpment, Ltd.,Gt Hydraulics,Hydraforce Hydraulics, Ltd.,Hydraforce Hydraulic Systems,Hydraforce Inc.,Komatsu America Corp.,Komatsu Ltd.,Miller International Holdings Limited,Miller International Ltd.,Peter Scalamandre & Sons, Inc.,The City Of New York,The Weir Group Plc,Trist Draper Dyraulics,for Torts - Other Negligence - City (Premises - Labor Law)in the District Court of Queens County.

 
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 FILED: BRONX COUNTY CLERK 03/20/2019 07:00 PM INDEX NO. 33774/2018ENYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/20/2019 REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date Bronx Supreme COURT, COUNTY OF Bronx Judge Assigned Index No: 33774/2018E Date Index Issued: 12/06/2018 Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date CAPTION: attach a caption rider sheet. ANGEL CRUZ Plaintiff(s)/Petitioner(s) -against- CITY OF NEW YORK, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DELTA AIR LINES, INC. Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL ☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.) NOTE: For all Matrimonial actions where the parties have children under the ☐ Contract age of 18, complete and attach the MATRIMONIAL RJI Addendum. For Uncontested Matrimonial actions, use RJI form UD-13. ☐ Insurance (where insurer is a party, except arbitration) ☐ UCC (including sales, negotiable instruments) TORTS ☐ Other Commercial: ☐ Asbestos NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)], complete and attach the COMMERCIAL DIV RJI Addendum. ☐ Breast Implant REAL PROPERTY: How many properties does the application include? ☐ Environmental: ☐ Condemnation ☐ Medical, Dental, or Podiatric Malpractice ☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial ☐ Motor Vehicle Property Address: NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner- ☐ Products Liability: occupied, residential property, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI Addendum. ☒ Other Negligence: Premises - Labor Law ☐ Tax Certiorari - Section: Block: Lot: ☐ Other Professional Malpractice: ☐ Tax Foreclosure ☐ Other Tort: ☐ Other Real Property: OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration) [see NOTE under Commercial] ☐ Emergency Medical Treatment ☐ CPLR Article 78 (Body or Officer) ☐ Habeas Corpus ☐ Election Law ☐ Local Court Appeal ☐ MHL Article 9.60 (Kendra's Law) ☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial) ☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review) ☐ Pistol Permit Revocation Hearing ☐ MHL Article 81 (Guardianship) ☐ Sale or Finance of Religious/Not-for-Profit Property ☐ Other Mental Hygiene: ☐ Other: ☐ Other Special Proceeding: STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional information where indicated. YES NO Has a summons and complaint or summons w/notice been filed? ☒ ☐ If yes, date filed: 12/05/2018 Has a summons and complaint or summons w/notice been served? ☒ ☐ If yes, date served: 12/12/2018 Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date: 1 of 2FILED: BRONX COUNTY CLERK 03/20/2019 07:00 PM INDEX NO. 33774/2018E NATURENYSCEF DOC.OF NO. JUDICIAL 11 INTERVENTION: RECEIVED NYSCEF: 03/20/2019 Check ONE box only AND enter additional information where indicated. ☐ Infant's Compromise ☐ Note of Issue and/or Certificate of Readiness ☐ Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: ☐ Notice of Motion Relief Sought: Return Date: ☐ Notice of Petition Relief Sought: Return Date: ☐ Order to Show Cause Relief Sought: Return Date: ☐ Other Ex Parte Application Relief Sought: ☐ Poor Person Application ☒ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement Conference ☐ Writ of Habeas Corpus ☐ Other: RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If additional space is required, complete and attach the RJI Addendum. If none, leave blank. Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case Cruz v. City of New York, et al. 153137/2018 Supreme Court, New York County Lynn R. Kotler Application for pre-action disclosure PARTIES: For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the RJI Addendum. Parties: Attorneys and/or Unrepresented Litigants: List parties in caption order and indicate Provide attorney name, firm name, business address, phone number and e- Issue Un- Rep party role(s) (e.g., defendant; 3rd-party mail address of all attorneys that have appeared in the case. For Joined Insurance Carrier(s): plaintiff). unrepresented litigants, provide address, phone number and e-mail address. (Y/N): Name: CRUZ, ANGEL EDWARD GERSOWITZ, GERSOWITZ LIBO & KOREK, P.C., 111 BROADWAY FL 12TH , NEW YORK, NY 10006, egersowitz@lawyertime.com ☐ Role(s): Plaintiff/Petitioner YES Name: CITY OF NEW YORK LAURA MARTIN, Gerber Ciano Kelly Brady, 228 Park Avenue South Suite 97572, New York, NY 10003, 9145393346, lmartin@gerberciano.com ☐ Role(s): Defendant/Respondent YES Name: PORT AUTHORITY OF NEW YORK LAURA MARTIN, Gerber Ciano Kelly Brady, 228 Park Avenue South Suite AND NEW JERSEY 97572, New York, NY 10003, 9145393346, lmartin@gerberciano.com ☐ Role(s): Defendant/Respondent YES Name: DELTA AIR LINES, INC. WILLIAM KELLY, Gerber Ciano Kelly Brady LLP, 228 Park Avenue Suite 97572, New York, NY 10003, 914-539-3346, wkelly@gerberciano.com ☐ Role(s): Defendant/Respondent YES Name: ☐ Role(s): I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: 03/20/2019 EDWARD H. GERSOWITZ SIGNATURE 1732759 EDWARD H. GERSOWITZ ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME This form was generated by NYSCEF 2 of 2