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FILED: KINGS COUNTY CLERK 09/20/2021 01:32 PM
`FILED: KINGS COUNTY CLERK 09/20/2021 01:32 PM
`NYSCEF DOC. NO. 279
`NYSCEF DOC. NO. 279
`
`INDEX NO. 512988/2016
`INDEX NO. 512988/2016
`RECEIVED NYSCEF: 09/20/2021
`RECEIVED NYSCEF: 09/20/2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`
`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
`
`NYSCEF DOC. NO. 215NYSCEF DOC. NO. 279
`
`INDEX NO. 512988/2016INDEX NO. 512988/2016
`
`INDEX NO. 512988/2016
`RECEIVED NYSCEF: ogMit/2029
`
`RECEIVED NYSCEF: 05/01/2019RECEIVED NYSCEF: 09/20/2021
`
`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.
`
`PRESENT:
`
`HON. JOHNNY L. BAYNES,
`
`JSC.
`wannannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnenennaennanananananx
`
`LEONARDO GONZALEZ,
`
`Index No.:
`512988/2016
`
`Plaintiff,
`
`-against—
`
`RED HOOK CONTAINER TERMINAL, LLC,
`
`Defendants.
`
`sikepcreeecoarcantareaiseae
`
`Defendant has submitted an October 18, 2018 motion to dismiss the complaint
`
`pursuant to CPLR§ 3212. The motion is accompanied by an October 1, 2018
`
`affirmation which essentially merely shepherdsin a transcript of plaintiff's deposition
`
`and various discovery documents, with no memorandumoflaw ornarrative articulating
`
`theories for dismissal. Plaintiff interposed what appears to be a similarly pro forma
`
`February 7, 2019 affirmation in opposition, also shepherding in documents with no
`
`narrative, and a memorandum oflaw consisting oflittle more than a series of non-
`
`evidentiary attorney hearsay statements of presumedfacts, and legal arguments made
`
`without a factual foundation.
`
`Defendant then submitted a February 12, 2019 reply affirmation which, instead of
`
`properly limiting itself of “replies” to arguments already made, shepherdsin additional
`
`Rok 2
`1 of 2
`
`3 a
`
`

`

`
`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
`
`NYSCEF DOC. NO. 215NYSCEF DOC. NO. 279
`
`INDEX NO.
`
`INDEX NO. 512988/2016INDEX NO. 512988/2016
`512988/2016
`
`
`RECEIVED NYSCEF: 05/01/2019RECEIVED NYSCEF: 09/20/2021
`RECEIVED NYSCEF: 09/80/2029
`
`documents while objecting to one of Plaintiff's expert witnesses, and a prior attorney
`
`affirmation in support an earlier motion to strike
`
`The parties are both referred to CPLR § 3212(b) for guidance with respectto,
`
`inter alia, the affidavit requirement for summary judgment motions. The parties are
`
`further referred to the lead case, Zuckerman v. City of New York, 49 N.Y.2d 557 (1980),
`
`for guidance with respectto parties’ shifting burdens ofproof, and reliance upon non-
`
`evidentiary attorney affirmations for factual allegations, as opposedto affidavits, in
`
`admissible form, from persons purporting to have personal knowledgeof the facts
`
`attested to.
`
`WHEREFORE,it is hereby
`
`ORDERED AND ADJUDGEDthat Defendants’ October 1, 2018 CPLR 3212
`
`motion to dismiss is denied.
`
`The foregoing constitutes the Decision and Order of the Court.
`
`ENTER
`
`L. BAYNES, JSC
`
`HON. JOHNNY LEEBAYNES
`
`t 4
`
`2 of 2
`2 of 2
`
`

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