`FILED: KINGS COUNTY CLERK 09/20/2021 01:32 PM
`NYSCEF DOC. NO. 279
`NYSCEF DOC. NO. 279
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`INDEX NO. 512988/2016
`INDEX NO. 512988/2016
`RECEIVED NYSCEF: 09/20/2021
`RECEIVED NYSCEF: 09/20/2021
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`EXHIBIT B
`EXHIBIT B
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`FILED: KINGS COUNTY CLERK 04/25/2019FILED: KINGS COUNTY CLERK 09/20/2021 01:32 PM
`FILED: KINGS COUNTY CLERK 08/25/2029] 01:32 P
`NYSCEF DOC. NO. 279
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`NYSCEF DOC. NO. 215NYSCEF DOC. NO. 279
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`INDEX NO. 512988/2016INDEX NO. 512988/2016
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`INDEX NO. 512988/2016
`RECEIVED NYSCEF: ogMit/2029
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`RECEIVED NYSCEF: 05/01/2019RECEIVED NYSCEF: 09/20/2021
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`At a(n) IAS Part 68 of the Supreme
`Court of the State of New York, held
`in and for the County of Kingsat the
`Courthousethereof, at 360 Adams
`Strget, Brooklyn, NY 11201, on the
`day of April, 2019.
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`PRESENT:
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`HON. JOHNNY L. BAYNES,
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`JSC.
`wannannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnenennaennanananananx
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`LEONARDO GONZALEZ,
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`Index No.:
`512988/2016
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`Plaintiff,
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`-against—
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`RED HOOK CONTAINER TERMINAL, LLC,
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`Defendants.
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`sikepcreeecoarcantareaiseae
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`Defendant has submitted an October 18, 2018 motion to dismiss the complaint
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`pursuant to CPLR§ 3212. The motion is accompanied by an October 1, 2018
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`affirmation which essentially merely shepherdsin a transcript of plaintiff's deposition
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`and various discovery documents, with no memorandumoflaw ornarrative articulating
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`theories for dismissal. Plaintiff interposed what appears to be a similarly pro forma
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`February 7, 2019 affirmation in opposition, also shepherding in documents with no
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`narrative, and a memorandum oflaw consisting oflittle more than a series of non-
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`evidentiary attorney hearsay statements of presumedfacts, and legal arguments made
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`without a factual foundation.
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`Defendant then submitted a February 12, 2019 reply affirmation which, instead of
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`properly limiting itself of “replies” to arguments already made, shepherdsin additional
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`Rok 2
`1 of 2
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`3 a
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`FILED: KINGS COUNTY CLERK 04/25/2019FILED: KINGS COUNTY CLERK 09/20/2021 01:32 PM
`FILED: KINGS COUNTY CLERK 09/25/2029] 01:32 P
`NYSCEF DOC. NO. 219
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`NYSCEF DOC. NO. 215NYSCEF DOC. NO. 279
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`INDEX NO.
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`512988/2016
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`RECEIVED NYSCEF: 05/01/2019RECEIVED NYSCEF: 09/20/2021
`RECEIVED NYSCEF: 09/80/2029
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`documents while objecting to one of Plaintiff's expert witnesses, and a prior attorney
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`affirmation in support an earlier motion to strike
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`The parties are both referred to CPLR § 3212(b) for guidance with respectto,
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`inter alia, the affidavit requirement for summary judgment motions. The parties are
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`further referred to the lead case, Zuckerman v. City of New York, 49 N.Y.2d 557 (1980),
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`for guidance with respectto parties’ shifting burdens ofproof, and reliance upon non-
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`evidentiary attorney affirmations for factual allegations, as opposedto affidavits, in
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`admissible form, from persons purporting to have personal knowledgeof the facts
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`attested to.
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`WHEREFORE,it is hereby
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`ORDERED AND ADJUDGEDthat Defendants’ October 1, 2018 CPLR 3212
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`motion to dismiss is denied.
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`The foregoing constitutes the Decision and Order of the Court.
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`ENTER
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`L. BAYNES, JSC
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`HON. JOHNNY LEEBAYNES
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`t 4
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`2 of 2
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