Free Affidavit - District Court of Connecticut - Connecticut

Case 3:02-cv-02272-AVC Document 139 Filed O4/28/2004 Page 1 of 4
UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
...............................-..--.---.----------- - -------- X
CROWN THEATRES, L.P., Case N0. 3:02 CV 2272 (AVC)
Plaintiff,
-against—
MILTON L. DALY, TAYLOR—LEIGH, INC.
ANNE E. DALY, JAMES C. CELLA, G.U.S.
DEVELOPMENT, INC., JAMES T. MARTINO,
JAMES THOMAS MARTINO ARCHITECT,
P.C. and RCD HUDSON, LLC,
Defendants.
.....................................-..-.....--..-.~.--.--.- X
JAMES T. MARTINO and JAMES THOMAS
MARTINO ARCHITECT, P.C.
Third-Party Plaintiffs,
— against ~
B.B. CONSTRUCTION CONSULTANTS, April 26, 2004
LTD., DAVID CLIFFORD, and GLENN
GARFINKEL,
Third—Party Defendants.
...--..--..---..---......-.......-........-...-.............. X
CERTIFICATION IN SUPPORT
I, Mark Seiden, pursuant t0 28 U.S.C. § 1746, declare as f0ll0ws:
l. I am a member 0f the law firm Milber Makris Pl0usadis & Seiden LLP,
attcmeys f0r Defendants/Third—Party Plaintiff James T. Martin0 and James Th0mas
Martino Architect, P.C. (ccllectively the "Martin0 Defendants") in the ab0ve—capti0ned
matter.

Case 3:02-cv-02272-AVC Document 139 Filed O4/28/2004 Page 2 of 4
2. This certification is submitted in support of the Martino Defendants’
motion for summary judgment in regards to Counts VHI and IX of the Plaintiffs Second
Amended Complaint.
3. This is an action commenced by Plaintiff Crown Theatres, P.C. ("Crown")
on or about December 20, 2002 seeking recovery of damages and other relief on various
grounds.
4. Subsequently to the tiling of the within action, Crown tiled an Amended
Complaint on or about Febmary 19, 2002 and a Second Amended Complaint on or about
June 30, 2003. In the interest of brevity only a copy of Plaintiffs Second Amended
Complaint is annexed hereto as Exhibit A.
5. On or about August 27, 2003, the Martino Defendants served and tiled its
Answer to Plaintiffs Second Amended Complaint, which is annexed hereto as Exhibit B.
6. Defendants Milton L. Daly, Taylor-Leigh, Inc. and Anne E. Daly, on or
about September 3, 2003, served and tiled its Answer to Plaintiffs Second Amended
Complaint, which is annexed hereto as Exhibit C. h
7. Crown issued Responses to Interrogatories and Requests for Production to
the Martino Defendants on May 2, 2003, which are annexed hereto as Exhibit D.
8. On May 21, 2003, August 5, 2003 and August 6, 2003, Defendant Milton
Daly was deposed in connection with this pending litigation. Annexed hereto as Exhibit
E and F is a copy of Milton Daly’s deposition transcript taken on May 21, 2003 and
August 5, 2003, respectfullyl.
I In the interest of brevity only those pages from the various deposition transcripts cited by the
Martino Defendants’ in their Memorandum of Law and Local Rule 56(a)(l) Statement are
annexed hereto as their respective exhibits.
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Case 3:02-cv-02272-AVC Document 139 Filed O4/28/2004 Page 3 of 4
9. James T. Martino was deposed on January 15, 2004 and February 10,
2004. Annexed hereto as Exhibit G and H is a copy of Martino’s deposition transcript
taken on January 15, 2004 and February 10, 2004, respectfully.
10. Robert Beacher non-party deposition was taken on February 25 and 26,
2004. Annexed hereto as Exhibit I is a copy of Beacher’s deposition transcript, dated
February 25, 2004.
11. David Clifford, Crown’s former executive vice president and chief
financial officer of Crown deposition was taken on March 12, 2004. Annexed hereto as
Exhibit J is a copy of Clifford’s deposition transcript of March 12, 2004.
RESPECTFULLY SUBMITTED,
DEFENDANTS/THIRD-PARTY
PLAINTIFFS JAMES T. MARTINO and
JAMES THOMAS MARTINO
ARCHITECTS, P.C/
' / S!/"
By: X)/{ 4/
Mark Seiden (ct 24637)
Marisa Lanza (ct 24554)
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
3 Barker Avenue, 6th Floor
White Plains, New York 10604
(914) 681-8700
(914) 681-8709 (fax)
[email protected]
mlanzagQ),milbennalqis.com
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Case 3:02-cv-02272-AVC Document 139 Filed O4/28/2004 Page 4 of 4
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify and I a copy of the foregoing documents: The
Certification in Support by Mark Seiden, Esq. was served by first class mail, postage
prepaid, on all counsel of record in this action on the 26th day of April 2004, upon:
Craig C. Martin, Esq.
Lawrence S. Schaner, Esq.
Jenner & Block, LLC
One [BM Plaza
Chicago, IL 60611
H. James Pickerstein, Esq.
Jodi Zils Gagne, Esq.
Pepe & Hazard, LLP
30 Jelliff Lane
Southport, CT 06490
Keny M. Wisser, Esq.
Weinstein & Wisser, P.C.
29 South Main Street, Suite 207
West Hartford, CT 06107
Robert M. Frost
Zeldes, Needle & Cooper, P.C.
1000 Lafayette Blvd
P.O. Box 1740
Bridgeport, CT 06601
’ JT ri . // 0\
filarisa Lanza
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