News and Insights

Black Marjieh & Sanford News and Insights

Congratulations to Black Marjieh Partner Dana Marjieh on obtaining dismissal of two separate actions

The Firm congratulates Dana Marjieh on obtaining dismissal of two separate actions – one venued in Queens County and the other in Kings County.  In the Queens County action of Cruz, et al., v. Tova Realty Corporation, et ano., Dana represented the owner of an apartment building where the plaintiffs claimed their infant children were exposed to lead paint.  Despite numerous orders to provide discovery and submit to a deposition by a date certain, the plaintiffs failed to do so.  In an effort to relieve the client of costs associated with lead paint litigation, Dana filed a motion seeking to compel discovery or alternatively to strike plaintiffs’ complaint.  Dana outlined the willful and contumacious conduct of plaintiff, which the Court relied upon in striking the complaint, holding “that disregard of deadlines should not and will not be tolerated.” 

The Kings County action of Garbutt v. Food World, et al., arises from an alleged trip and fall on a sidewalk outside a food store.  Several months after issue was joined, plaintiff’s counsel moved to be relieved as attorney of record.  The court granted the motion and stayed the action for 60 days so plaintiff could retain new counsel.  Plaintiff failed to do so or otherwise prosecute the action in anyway.  Defendants served a 90 day notice as a prerequisite to filing a motion to dismiss for failure to prosecute and after the expiration of 90 days, filed the motion.  The Court granted the motion and dismissed the case.

Robert Leff