WYATT BOURDEAU, individually, and in his official capacity as President of PHI KAPPI PSI FRATERNITY,

ESTATE OF VINCENT MAUGERI, deceased, and "JOHN DOE #1" through "JOHN DOE #9", the last nine names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having an interest in the premises described in the complaint, Defendants.

Defendant, the Estate ofHunter Brooks Watson (hereinafter "Estate"),by and tbrough their attorneys, Cozen O'Connor, haviag moved this Court for an Order (1) for Leave to Amend its Verified Answer pursuant to CPLR $ 3025(b) with the addition of affrmative deferse of General Obligations Law 915-108; and (2) pursuant to CPLR $ 3211(aX7) striking paragaphs 47,53,76, 86 and 98 of Plaintiffs First Amended Verified Complaint pursuant to New York Estates Powers and Trusts Law $1 1-3.2 (a)(1); LECALV4353708\l 00603.2984.000/396048.000

The proposed Amended Verified Answer attached to the Defendant's moving papers as Exhibit "A" (ECF document # 438) is hereby deemed to be the operative Answer for the Defendant Estate in accordance with CPLR $ 3025(b).

Furthermore, the Court grants the Defendant Estate's request to stike paragraph s 47,53, 76, 86 and 98 of Plaintif s First Amended Verified Complaint pursuant to CPLR g 321 l(a)(7) and New York Estates Powers and Trusts Law gi l-3.2(a)(1).

_ Appeal from an order of the Supreme Court, Onondaga County (Scott J. DelConte, J.

The order granted the motion of plaintiff for partial summary judgment against defendant the Estate of Hunter Brooks Watson, deceased.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 3, 2021,

I, Ann Dillon Flynn, Clerk ofthe Appellate Division ofthe Supreme Court in the Fourth Judicial Department, do herebycertify that this is a true copy of the originalorder, now onfile in this office.

IN WITNESS WHEREOE, I have hereunto set my hand andaffixed the seal ofsaid Courtatthe City __ ofRochester, New York, this October 1, 2021 Clerk

Plaintiff Brandon Colon has been awarded partial summary judgment as to liability against the Estate of his assailant, Hunter Brooks Watson, on his cause of action for battery.

Colon moves, in limine, to preclude any testimony from Jerry Watson, the decedent Defendant's father and duly appointed Estate representative, as not relevant to the issue ofdamages.

It would be unduly prejudicial not to allow the Defendant Estate to introduce testimony as to the identity of the deceased tortfeasor in this action and why the decedent is not able to be present at trial.

Accordingly, Jerry Watson may testiry only as to the identity of his deceased son and that he is not present at trial due to his death in an unrelated motor vehicle accident.

and Order (NYSCEF Doc. 505; see e.g. People v Patterson, 93 NY2d 80, 84 t19991), and that ruling is binding upon the parties and this Court as the law of the case (see e.g. Spires v Mohou, 13 AD3d 1056, 1057 [4th Dept 2004]).

Plaintiff Brandon Colon has been awarded partial summary judgment as to liability against the Estate of his assailant, Hunter Brooks Watson, on his cause of action for battery.

Colon moves, in limine, to preclude any testimony from Jerry Watson, the decedent Defendant's father and duly appointed Estate representative, as not relevant to the issue ofdamages.

It would be unduly prejudicial not to allow the Defendant Estate to introduce testimony as to the identity of the deceased tortfeasor in this action and why the decedent is not able to be present at trial.

Accordingly, Jerry Watson may testiry only as to the identity of his deceased son and that he is not present at trial due to his death in an unrelated motor vehicle accident.

and Order (NYSCEF Doc. 505; see e.g. People v Patterson, 93 NY2d 80, 84 t19991), and that ruling is binding upon the parties and this Court as the law of the case (see e.g. Spires v Mohou, 13 AD3d 1056, 1057 [4th Dept 2004]).

As the record reflects, in the early morning hours of April 10, 2016, Colon - then a sophomore at Syracuse University - attempted to enter a party at the Phi Kappa Psi fraternity house, but was turned away at the door.

07/14/2020 After reviewing stills from the security camera footage collected by Public Safety, Phi Kappa Psi fraternity President Wyatt Bourdeau immediately identified Watson as Colon's assailant.

During his appeal of that suspension, Watson assailant in the security camera footage but, stunningly and without any factual basis, argued that his actions were somehow justified because Colon had been in "stalking mode in preparation for committing a sexual assault."

that Plaintiff Brandon Colon's motion pursuant to CPLR 3212 for partial summary judgmeñt on the issue of liability on his first causes of action for battery against Defendant Estate of Hunter Watson, without justification or defense, is hereby

that pending all Administrative Orders relating to the continuing public health emergency, a jury trial limited exclusively to the amount of damages that shall be awarded and payable to Plaintiff Brandon Colon separately from Defendants the Estate of Hunter Watson and is set for Alexander Alpert hereby Tuesday, September 8, 2020, kgk=!=g at 9:30

- against - WYATT BOURDEAU, individually, and in his official capacity as President of PHI KAPPA PSI FRATERNITY, NEW YORK BETA

BITTEN, ESTATE OF VINCENT MAUGERI, deceased, and "JOHN DOE #1" through "JOHN DOE #9", the last nine names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having an interest in the premises described in the complaint, Defendants.

Scott J. DelConte NOW, upon video conferencing the matter before the Court on August 25,2020, with Plaintiff BRANDON COLON, represented by counsel Brett D. French, Esq., of Cooper Erving & Savage LLP, and DeEndant ESTATE OF HL,NTER BROOKS WATSON, deceased, represented by Patrick B. Sardino of Cozen O'Connor, it is, ORDERED that the motion in limine to preclude Jerry Watson from testifying at trial and the motion in limine to preclude the video ofthe assault as evidence at trial shall be filed on or before November 16,2020, with opposition papers to be filed on or before December 16,2020, and reply papers to be filed on or before January 8,2021.

ORDERED that a supplementary deposition of Plaintiff BRANDON COLON concerning only his claimed right shoulder injury and subsequent treatment shall be conducted on or before November 6, 2020, ORDERED that an independent medical exam of Plaintiff concerning only the right shoulder injury and subsequent treatment shallbe conducted on or before November 16,2020.

Dated: October 15 .2020 Syracuse, New York

– against – WYATT BOURDEAU, individually, and in his official capacity as President of PHI KAPPA PSI FRATERNITY, NEW YORK BETA

BITTEN, ESTATE OF VINCENT MAUGERI, deceased, and “JOHN DOE #1” through “JOHN DOE #9”, the last nine names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having an interest in the premises described in the complaint,

NOW, upon video conferencing the matter before the Court on August 25, 2020, with Plaintiff BRANDON COLON, represented by counsel Brett D. French, Esq., of Cooper Erving & Savage LLP, and Defendant ESTATE OF HUNTER BROOKS WATSON, deceased, represented by Patrick B. Sardino of Cozen O’Connor, it is, ORDERED that the motion in limine to preclude Jerry Watson from testifying at trial and the motion in limine to preclude the video of the assault as evidence at trial shall be filed on or before November 16, 2020, with opposition papers to be filed on or before December 16, 2020, and reply papers to be filed on or before January 8, 2021.

ORDERED that a supplementary deposition of Plaintiff BRANDON COLON concerning only his claimed right shoulder injury and subsequent treatment shall be conducted on or before November 6, 2020, ORDERED that an independent medical exam of Plaintiff concerning only the right shoulder injury and subsequent treatment shall be conducted on or before November 16, 2020.

Dated: October _____, 2020 Syracuse, New York