75(201/ IT IS HEREBY ORDERED that the followin report on all discoveryissues in this action.

g Court Attomey-Referee is appointed to hear and Diane Clerkin Z Dated: White Plains, New York $149+: 7/ ,2018

/)015/ In accordance with CPLR 3104 and the DCM Rules of this Court, and pursuant to the Compliance Conference held before me on Saint lV, 2018, I recommend that the Court confirm the following Report: Appearances: - Plaintiff(s) 115;./- 1 a ’ 6 Defendant(s) M Mil/WM“!

Any failure to comply strictly with the terms hereof shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126.

The parties are encouraged to participate in the Civil Mediation Program or seek an early settlement conference in the Compliance Part but are cautioned that settlement negotiations do not extend discovery deadlines.

The foregoing constitutes the Report of the Court Attorney-Referee: Dated: White Plains, NY .

Any inquiries regarding this matter should be directed to the Compliance Part‘C e u Diane Clerkin, Chief Court

‘ 1n accordance with CPLR 3104 and the DCM Rules of this Court, and pursuant to the Compliance Conference held before me on Se tember 6 2018, I recommend that the Court confirm the following Report: For Plaintiff(s): Norman Naishtut, Esq.

Any post-deposition discovery resulting from the completion of defendants’ depositions shall be discussed and scheduled at the next Compliance Conference.

( X ) Counsel for the parties advise the Court that all other discovery herein has otherwise been completed.

Any party failing to appear at this Compliance Conference shall be bound by the terms hereof, and disclosure demands not raised at the Compliance Conference are deemed waived.

Dated: White Plains, New York September 6, 2018

A NONE ALL AND ADDRESSES TO EXCHANGE NAMES PARTIES PARTIES' OPPOSING STATEMENTS, WITNESSES, AND ACCIDENT SURVEILLANCE PHOTOGRAPHS, TAPES, PREPARED fN THE ORDINARY REPORTS COURSE OF ...

NONE COMMENCED ALREADY TO BE COMMENCED.WITHIN OF EBTs.

FILED: KINGS COUNTY CLERK 08m2018 03:27 P

ofNepVetk, located Kings NÝgon.the

4 • al%te offsspe scovers an or berase to be completed -- a *-1

this outer supeicede

REVIEWED Bra" — Supreme Court of the Slate of New York Queens County: Compliance Settlement and Conference Part Present“: Hon.

f (AW/Jailu /c) 9 / t ORDERED that any further third—party actions shall be commenced promptly upon discovery of the identity of the third-party defendant(s), but not more than 30 days after the completion of depositions, unless for good cause shown, and it is further (3 W kg“ 20f3 “FILED: OUEENS COUNTY CL RK 08m2018 03:45 PM

depositions, unless for good cause shown, and it is further ORDERED that parties aggrieved by failures to disclose must move promptly for relief or be deemed to have waived the outstanding discovery, 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 vacated, and all parties are stayed from moving for summary judgment pending the filing of a note of issue as directed herein, and it is ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30 days provide defendant with copies of all correspondence to Medicare, as evidence of plaintiff’s efforts to determine the outstanding claim against said plaintiff/beneficiaryr should one exist, e.g. final demand or conditional summary'from CMS; and it is fiirther ORDERED that any parties failing to appear at this Compliance Conference shall be bound by the terms of this order, and it is further ORDERED that plaintiffls) shall provide fresh I-IIPAA-cornpliant authorizations for release of medical records, not later than 60 days prior to trial, and is further /r ORDE'“D as follows:

‘ Mama-31M “ Any items left outstanding from those directed by prior orders-must be specifically identified herein or are deemed waived) ORDERED tha ' ' t ' .

hal se c and file a Note of Issue and Certificate , and shall furnish to the Compliance of Readiness on or he ore (Conn use only) Settlement and Conference Part within ten 10) ay thereafter a copy of the filed Note of Issue and Certificate of Readiness, together with an affidavit of service, and that the failure to do so shall be grounds for the imposition of sanctions.

This matter is hereby certified for trial and plaintiff(s) is directed to file a note of issue within 90 days.

If plaintiff does not file a note of issue within 90 days this action may be digmissed.

Upon filing of a note of issue, the matter will be referred for mediation and/or a pre rial conference.

Motions for summary judgment must be filed within (60) (46 days of the filing of the note of issue; all in limine motions shall be made returnable not more than 30 days after the mediation conference.

If counsel have been directed to file a note of issue over objection, items 1 through 9 of the Certificate of Readiness may be amended to so indicate.

FILED: KINGS COUNTY CLERK 08m2018

z E PlaintifiIs) At a Note of Issue Final Conference Part of the Supreme Court of the State ofNew York, held in and for the County of Kings, located at 3 Adams St t, Brooklyn, NY, on the dayof Keg-inc; ,2012.

Final itemization of Discovery to be completed: ' , IndexNOafflfglg / 20!

The terms of this order supercede the provisions of all prior orders.

defense claiming grant him leave the emergency summary and judgment for dismissal in his favor of on the issue liability asserted him.

would have raised material and triable Summary Judgment satisfy To facie prima to eliminate Medical issues "[t]he its burden, of entitlement showing any material 64 NY2d Center, 851, proof in admissible Friends fact of form" of a summary as a matter tendering case" v. New York (Winegrad University "must do so by tender the proponent [1985]), of New York, 49 NY2d (Zuckerman v. City 557, v. Associated Fur Manufitcturers, Inc. 46 NY2d Inc., of facie requires a denial the motion, showing papers" supra at 853.)

conflicts in material respects version with plaintiff's testimony he was testified that of the northbound in the middle driving to visit on his way in a nearby his sister's grave Road, cemetery, second" struck and was by defendant's vehicle a "split later.

raises As noted, he of lane when The Further second before that after he was split stating the plaintiff consciousness, he was impact, Apparently, he regained When ' The report was authenticated as a business record pursuant to CPLR § 4518 (a) through the deposition testimony Officer Matthew Cameron.

vehicle was In stark police avoid testimony over his stated within the entirely headlights, These and material determined diametrically significant the trier by opposed triable issues of fact.

LUCINDO SUAREZ, MARINE TERRACE HOUS.

The following papers numbered I to 1 read on this motion, PRECLUDE noticed on August 3,2018 and duly submitted as No. 48 on the Motion Calendar of August 3,2018

Notice of Motion — Order to Show Cause - Exhibits and Affidavits Annexed Notice of Cross-Motion - Order to Show Cause - Exhibits and Affidavits Annexed Answering Affidavit and Exhibits Replying Affidavit and Exhibits Memoranda of Law Filed Papers Stipulations The motion of defendant A.M.K.

Contracting Corp. to preclude plaintiff from offering evidence is withdrawn, as per the July 13, 2018 stipulation of the parties e-filed at NYSCEF Doc.

Dated: 08/06/2018 Check one: Case Disposed in Entirety Case Still Active Motion is: o Granted o GIP o Denied • Other

by and between the undersigned, attorneys for the parties hereto, that the Defendants,

by Morris, Duffy, Also, & Faley Notice of Motion to Compel in the above-captioned action, returnable at the Supreme Court, County of Bronx, on August 3, 2018, is hereby, withdrawn on consent.

that this Stipulation may be executed via facsimile and/or email in counterpart signatures, deeming facsimile signatures as original

FILED: KINGS COUNTY CLERK 07m2018

At a Centralized Com liance Part of the Supreme Court of the tate of New York, held In and for the County of Kin , at the ork, on the

The_ followin pa ers number 1 togiiad on this motion NotIce of Mo Ion- rder to Show Ca se and AfiidaVIts‘tjAffimatlons) Annexed Answerm A 'Idav1t(Afli_nnatIon) Ref-SF?

\ Sfifiafiyagyaé ”9:5 A “6:417 '4 EAT on) OK 40 re, flail]!

Reiracked: For Clerk’s Use Onl

(c) Medicare with defendant(s) efforts plaintiffs evidencing exist. witnesses, affirmation provide O (h statements , all parties parties ,pposing shall exchange and photographs, of and addresses names of all if none, shall provide an or, ...

FILED: WESTCHESTER COUNTY CLERK 07m2018 03:59 P l

____________________________________________________________________ x IT IS HEREBY ORDERED that the following Court Attomey-Referee is appointed to hear and reporl on ‘dii discovery issues in this action: Lisa Citarella Dated: While Plains!

In accordance with CPLR 3104 and the DCM Rules of this Court, and pursuant to the Compliance Conference held before me on .Iulv 9 2018, 1 recommend that the Court confirm the following Report: Steve Feinstein, Esq.

8 On or before WZUKI 8, plaintiff shall serve responses to defendant’s post-deposition demands dated 6f28f18.

Any remaining discovery shall be discussed and scheduled at the next Compliance Conference.

Any party failing to appear at this Compliance Conference shall be bound by the terms hereof, and disclosure demands not raised at the Compliance Conference are deemed waived.

Please directInquiries regarding this matter to the Compliance Part at ComlianceWestchester (an cog attention IIsa Cilarella on notice to all parties Please do not contact Judge 3 chambers.