FILED: KINGS COUNTY CLERK 09/28/ :28 AM INDEX NO /2017 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 09/28/2018

Transcription

1 : For use of Clerk : : : SUPREME COURT OF THE STATE OF NEW YORK X : CEDRIC R. LACY, Index No.: /17 Calendar No.: -against- Plaintiff, NOTE OF ISSUE Justice Assigned WELSBACH ELECTRIC CORP., OF L.I. Hon. Loren Baily-Schiffman and FRANCIS L. PRAVATA, X NOTICE FOR TRIAL _X. Jury trial demanded X Of all issues _ Of issues specified below or attached hereto Trial without jury Filed by Attorneys for the Plaintiff(s) Date Summons served - 2/11/17 Date service completed - 2/17/17 Date issue joined - 3/29/17 X NATURE OF ACTION OR SPECIAL PROCEEDING Tort X Motor vehicle negligence _ Medical malpractice _ Other tort _ Contract Contested matrimonial _ Uncontested matrimonial _ Tax certiorari Condemnation _ Other (not itemized above) This action is brought as a class action This is a medical malpractice action: panel procedures prescribed by the court rules pursuant to Judiciary Law section 148-a 1 of 7

2 have been completed have not been completed Amount demanded - An amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this action. Other relief - Preference claimed under special rules of the Appellate Division Insurance carrier(s), if known - Continental Insurance Company P.O. Box 8317 Chicago, Illinois Sedgwick Insurance Company P.O. Box Lexington, Kentucky Dated: Garden City, New York September 28, 2018 Yours, etc., SACKSTEIN SACKSTEIN & LEE, LLP By: Michael J. Taub, Esq. Attorneys for Plaintiff CEDRIC R. LACY 1140 Franklin Avenue, Suite 210 Garden City, New York (516) TO: LONDON FISCHER LLP Attorneys for Defendants WELSBACH ELECTRIC CORP. OF L.I. and FRANCIS L. PRAVATA 59 Maiden Lane New York, New York (212) File No.: of 7

3 SUPREME COURT OF THE STATE OF NEW YORK X CEDRIC R. LACY, Index No.: /17 -against- Plaintiff, CERTIFICATE OF READINESS FOR TRIAL WELSBACH ELECTRIC CORP., OF L.I. and FRANCIS L. PRAVATA, X Completed Waived Not Required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed 4. Medical reports exchanged 5. Appraisal reports exchanged X 6. Compliance with the rules in Matrimonial actions (22 NYCRR ) X 7. Discovery proceedings now known to be necessary have not been completed 8. There are outstanding requests for discovery. 9. There has not been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the pre-calendar rules (22 NYCRR ). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR The case is _N_O.T ready for trial. * Annexed hereto please see a copy of the Final Pre-Note Order, dated September 27, 2018, directing that a Note of Issue must be filed and setting forth a schedule for outstanding discovery. Dated: Garden City, New York September 28, 2018 Yours, etc., SACKSTEIN SACKSTEIN & LEE, LLP By: Michael J. Taub, Esq. Attorneys for Plaintiff CEDRIC R. LACY 1140 Franklin Avenue, Suite 210 Garden City, New York (516) of 7

4 TO: LONDON FISCHER LLP Attorneys for Defendants WELSBACH ELECTRIC CORP. OF L.I. and FRANCIS L. PRAVATA 59 Maiden Lane New York, New York (212) File No.: of 7

5 \SUPREME COURT OF THE STATE OF NEW YORK X CEDRIC R. LACY, Index No.: /17 Plaintiff, AFFIDAVIT OF SERVICE - against - WELSBACH ELECTRIC CORP., OF L.I. and FRANCIS L. PRAVATA, X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) TRACEY WRIGHT-HARVARD, being duly sworn, deposes and says: I am not a party to the action; I reside in Nassau County, New York, and I am over 18 years of age. On September 28, 2018, I served the within Note of Issue by depositing a true copy of said document enclosed in a post-paid wrapper, after which same was deposited in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: TO: LONDON FISCHER LLP 59 Maiden Lane New York, New York T CEY GHT-H RVARD S. orn to ore m this t day epte er 018 N BLI CHRISTOPHER E. LARAQUE Public, State of New York Notary 01LA No. Qualified in Nassau Cou Commission Expires Sept. 6, 2 5 of 7

6 CALENDAR #: At a Note-of Issue Final Conference Part of the Supreme Court of the State ofnew York, P R W E S E N T: held in and for the County of Kings, located Rhneier 'ñ^l'''ztå k"fal. instice/jho - against - Plaintift(s) FINAL PRE-NOTE ORDER. Index No.50 ¾4y G 6 ½ Defendant(s) X Plaintiff must fde anote ofissue on or before. Final hhvia of Discovery to be comapleted: y dhe terms of this order supercede the provisions of all prior orders. FAILURE TO STRICTLY COMPLY WITH THIS ORDER, WITHOUT LEAVE OFWCO T WILL RESULT IN PRECLUSION, STRHONG OF A PLEADING AND/OR SANCT5ONS AS MAY BE APPROPRIATE. E N T E R, M HON. MAR HO 6 of 7

7 Index No.: /17 Cal. No.: SUPREME COURT OF THE STATE OF NEW YORK CEDRIC R. LACY, Plaintiff, -against- WELSBACH ELECTRIC CORP., OF L.I. BAMESH CHANDRA ROY, NOTE OF ISSUE AND CERTIFICATE OF READINESS FOR TRIAL SACKSTEIN SACKSTEIN & LEE, LLP Attorneys for Plaintiff 1140 Franklin Avenue - Suite 210 Garden City, New York (516) To: Attorneys for Defendants Service of a copy of the within is hereby admitted. Dated Attorney(s) for PLEASE TAKE NOTICE/ n that the within is a (certified) true copy of a entered in the office of the clerk of the within named court on NOTICE ENTRY OF n that an Order of which the within is a true copy will be presented U for settlement to the Hon. one of the judges of the within named Court. NOTICE OF SETTLEMENT Dated: 7 of 7