FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 Calendar No: (if any) Index No: 708039/2015 SUPREME COURT, QUEENS COUNTY NOTE OF ISSUE ---------------------------------------------------------------------------------)( CARLOS ZUNIGA, -AGAINST- PLAINTIFF(S), THE ARDSLEY COUNTRY CLUB, INC. AND MURPHY BROTHERS. CONTRACTING INC., FOR USE OF CLERK NOTICE FOR TRIAL [8:1 Trial by jury demanded t8:i of all issues D of issues specified below or attach~d hereto D Tnal w1thout1ury Filed by attorney for PLAINTIFF Date summons served 08/18/2015 Date service completed 08/18/2015 Date issue joined 09/03/2015 DEFENDANT(S). ---------------~-----:------------------------------------------------------------)( NATURE OF ACTION OR SPECIAL PROCEEDING X Tort: D Motor vehicle negligence D Medical malpractice X Other tort: Labor Law D Contract D Contested matrimonial D Uncontested matrimonial D Tax certiorari D Condemnation D Other(not itemized above) specify Special preference claimed under On the ground that Attorney(s) for Plaintiff(s) I WILLIAM SCHWITZER & ASSOCIATES, P.C. Ofti ce and P.O. Address 820 2nd Avenue, 10 1 h Floor, New York,' New York 10016 Phone No. (212) 683-3800 I I D This is a class action Amount demanded: Exceeding Jurisdictional Limits Other relief::. Insurance Carrier(s) if known Attorney(s) for Defendant(s) MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Office and P. 0. Address 530 Saw Mill River Road, Elmsford, NY 10523 Phone No. Attorney(s) for Defendant(s) McGA W, AL V AENTOSA & ZAJAC Office and P. 0. Address Two Jericho Plaza, Suite 202, Jericho, NY 11753 Phone No. Attorney(s) for Defendant(s) Office and P. 0. Address Phone No. NOTE: The clerk will not accept this note of issue unless accompanied by a certificate of readiness. I,. 1 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 must be checked) For use of clerk 1. All pleadings..._... 2. Bill of particulars.... Completed x x Waived Not Required 3. Physical examinations completed..... See Affirmation 4. Medical reports exchanged.... 5.. Appraisal reports exchanged..... See Affirmation x 6. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial s..... x 7. Discovery proceedings now known to be necessary completed..... See Affirmation 8. There ARE outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings 10. There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrat.or (22 NYCRR 202.56) 12. The case is NOT ready for trial Dated: New York, New York By: Barry Semel-Weinstein, Esq. Attorneys for Plaintiff(s) 820 2nd A venue, 10 1 h Floor New York, New York 10016 (212) 683-3800..,. 2 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 708039/2015 ------~---------------------------------------------------------------)( CARLOS ZUNIGA, Plaintiff(s), AFFIRMATION -against- THE ARDSLEY COUNTRY CLUB, INC. and MURPHY BROTHERS CONTRACTING INC., Defendants. ---------------------------------------------------------------------)( BARRY SEMEL-WEINSTEIN, an attorney duly admitted to practice in the Courts of the State of New York, under penalties of perjury, and pursuant to papers in a file maintained in his office, affirm s: 1. I am associated with the office of WILLIAM SCHWITZER & AS SOCIA TES, P.C., attorneys for the plaintiff herein and as such I am fully familiar with the facts and circumstances surrounding this action. 2. Discovery is not yet complete. Despite the outstanding discovery plaintiff is filing the Note of Issue pursuant to the Compliance Conference Order as directed by the court. 3. The Note of Issue is being filed as per the directive of the Court despite the existence of outstanding discovery. Dated: New York, NY March 16, 2017 Barry Semel-Weinstein, Esq. 3 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015. ~,.!: \: \', (. '.-' CC Calendar# l U -. l./"-,;;;t-/f1 ii...,,,-/)}.-. Review By...'~-~-----...-..\ This box for Court use only Supreme Court of the State of New York Qu~ens County: Cpmpliance Settlement and Conference Part Present: Hon. Martin E. Rithottz, Justice. -... rt:-..,-'-.-;~'"'- -Ci\.------..,..------ Index Number: :ft>?t>3f /!S4" r'\-:\-3 Plairitlff(s) -against ~ s~ (;?,v'v1 c (}.,,v'i'.:i / "'' ')o/v.v?r,~(.. ((>t"ilt'l!j';<ll 2!' Defendent(s) Date RJI filed: I 1. / r:j/!;)- r, Upon the Prelimina C9nference Order dated / $""' l ; and following a Compliance Conference held on ~I :., and it appearing hat disclosure previously ordered herein has not been completed; o/ hat additional disclosure is warranted, itis hereby ORDERED, that disclosure 1>hall proceed and be completed in accordance herewith, and it is further ORDERED,that all proceedings directed herein shall be completed on or before the dates set forth. No adjournments are to be had without the court's written approval; and adjournments MAY NOT be had upon the stipulation of the of the parties alone, and it is further ORDERED thatany failure to'.. comply strictly with the terms of this order shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126, and it is further ORDERED that disclosure d~mands now known to be necessary which are not raised at this conference are deemed to be waiv~d. and it is further Rev'd January 22, 2015 1 4 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015,",..,~. "" ~,,, ' ~!... DOCUMENTS~ AUTHORIZATIONS:and OTHERDISCOVERY.AND INSP~CTION: ORDeRED that; on or before. twenty days from the date.hereof, the.following documents, authorizations and other items for discovery and inspection shall be produced: : (Any items left outstanding from those directed by prior orders inust be speclflcally identified or are deemed waived). byth13 Plaintiff(s): All medical reports and authorizations, as directed by 22 NYCRR 202.17(b) ancj.1where the cau. se.of.death is-in issue, as directe2 by 22 NYCRR 202.17(d).. \/-..J/ r-'\ 30 ~ 5 r..,;:;i fe~ 'ld c O'~ -::l.lslo\l'-4. ~ ljj:u-v...>~ t J<:A;t.. I;;;;; q\- ct v...,,;..:.;,_~, L...,,.. J.~ :''.-?. D dl c:h.;. _ ' /'> 1 ',.,, "' _,1;.."-'d ~~"'h... < u <..-i>"" /1 DEPOSITIONS: c ' I 6:. t'-\ u Q. \?'4 ' ( ~~ I;)\-l..\C Q"' (_ 0 ~ l ''2,,.:\ I~ " j I'-:;'. if( s.furt.r,~r O~DERED that a!i parties not yet dep.osed sh:ill appea! fo.r,depos1tton on: 1 date 9 "'8\.1(:,.: :at time lo ( <:>\::. o'clock at: place. Ac, t?-~ l.j... ~A 1 t\..':h.. (The date set for dep0sitions must be no more than 30 days from the date hereof. Insert any furtl}er provisions regarding depositions} ' and it is further ORDERED that depositions sh.all contique from day to day until qompleted, and it is further PHYSICAL EXAMINATIONS:. ORQERED that all defendants and other parties desiring to take the physical examination,, of any pla. intiffs.. hall designate, in writing, the physician(s) tp.pjpke the examination within. five days of the completion of the plaintiff's deposition, or withinif$~ays of the date hereof,' whichever is later. Failure to make such a designation shall be deemed a w~~v~r:...of the rightt o take the examination.. All physical examinatiqns must be completed withinifiir.ty~ays of the completion of the plaintiffs depositiori. or of the date hereof, whichever is later. Pur5uant to 22 NYC.RR 202.17 (c;), copies of the reports of the physicians making examinations pursuant to this order shall be served on all pther parties within 45 days after completion of the examination, and it is further qrdered: (Insert ariy further provisions regarding physical examinations). MISCELLANEOUS:.., It is further ORDERED that any further third:-party actions shall be commenced promptly upon discovery of the identity of the third"'.'party defendants; but not more than thirty days after the completion of depositions, unless for.good cause shown, and it is further ORDERF;:D that parties aggrieved by failures to.disclose must move promptly for relief or be deemed to fo.~ve waived the outstanding items, and it is further... ORDERED that any statutory stays of disclosure due. to the pendency of motions pursuant to CPLR 3211, 3212 and 3213 are v~cated, and all parties are stayed from moving for summary. judgment pendj,ng the filing of a note of Issue as din~cted herein, and it is further Re1".d Marth 18, 2004 2 5 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 ;;:~~:~\ \I ':~ ORDERED that if plaintiff is a.medicare recipient or Me(Jiccire eligible ; he/she shall within 30. days provide d,efendant with copie~~ of all correspqndence to' M8.dicare, as eyidence of plaintiff~':,; ~ elfcirts to determin'e)he outsta11ding.clail:n against $aid pla(ntiff/beneficiary should one exist, e.g.. final demari'(f orccin.ditionafsumniary from CMS... :.. OR[)ERED that any parties failing to appear at this ponf~rence,,,shall be bound by the terms of this order, and it is further " ORDERED that plaintiff(s) shall provide fresh HI PAA-compliant authorizations for release of medical records, notlater than 60 days prior to tr~al, and is further ORDERED as follows:,,:,- ;,." - (Any items left outstanding from those directed by prior orders must be specifically identified or are deemed waived) ORDERED that plalntlffl ---J\~~ -11h'alh\!erve and file a Note of Issue and Certlflcate ol Readiness on or before (Coult use only) ' ~,:\ ~\ '} I and shall furnish to the Compliance Settlement and Conference Part within ten '(1 O) ys t ereafter a copy of the flied Nqte of Issue and Certificate of Readln~ss, together with an affidavit of service, and that the failure to do so shall be grounds for the imposition of sanctions. SO ORDERED: ~ \ Dated: a ~\\ \(o ' J Should. plaintiff/?,. (J. N \ (j.j, need more time to file a Note of issue, said party may contact chambers at (718) 298-1089, no later than 3 weeks before the Note of Issue is due. ReceipJ.qf a copy of this order and demand is acknowl ~ I;,.. l~,1 t\ ""-1 S 1-t',\ ~ i\ 't "'(.lt, ~>,,.1,(;:.J. _.){.. G:.~ ~-~"' Attorney for Plaintiff -Z. \_.r... I c. J::,. i-fl t<!,},. I (,.</< () s... Attorney for Defendant I 11 J~ l r ' w Attorney for Defendant CL 1.f Lt,,") Attorney for Defendant ----- Rev'd January 22, 2015 1' k i I '' 6 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 AFFIDAVIT OF SERVICE State of New York, County of New York: ss.: Michael Bressler, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Westchester.,I '.... '-I.:- :.. County, NY. I served true copies of the Note of Issue, Certificate of Readiness, Affirmation and Compliance Conference Order by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Attorneys for Defendant 530 Saw Mill Road. Elmsford, NY 10523 McGAW, ALVAENTOSA & ZAJAC 2 Jericho Plaza, Suite 202 Jericho, NY 11753 Michael Bressler...,. Sworn to before me. March 16, 2017 YEVGENIY GOLOO, Notary Publi~ State of New York -~-. No. 01G06132921 ~u~lified in Kings county Comm1ss1on Expires Augusf29, 2017 7 of 8
FILED: QUEENS COUNTY CLERK 09:26 AM INDEX NO. 708039/2015 ' ' I\, :.;.: ;_. _.: 8 of 8