FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`FILED: BRONX COUNTY CLERK 071-32018 09:12 .
`
`
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`
`INDEX NO. 20131/2018E
`INDEX NO- 20131/20183
`
`
`
`
`
`R<.C«.IV«.D \IYSCEF: 07/12/2018
`RECEIVED NYSCEF: 07/12/2018
`
`PRELIMINARY CONFERENCE ORDER
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX ' PART lA-3
`
`
`
`325 (d)
`
`__-.....__-__---__---_---------_'------------------------------------x "(‘omp. Conf._ I I / 25/ (g
`$07 0WS
`
`N.O.I. due ___/_/—
`
`
`Plaintiff(s)
`
`
`Index Number: 2‘)l 3 l Z /8
`- against —
`
`PCDate:
`C HE C}; M '6 ‘l
`(Lil7lf3
`_______________________________________________________1395335131319) "on:Am
`
`I.
`
`- [C
`INSURANCE COVERAGE:
`(a)
`Defendant: City of New York £6 l
`Defendant:
`__ _
`_ __
`Defendant: _ __
`__
`_
`r __
`
`
`Defendant: _
`
`Amt:
`Amt:
`Amt:
`
`Amt:
`
`(a)
`
`Defendant(s)
`to provide
`evidence of all insurance within 60 day}, to extent not previously provided.
`
`I.
`
`BILL OF PARTICULARS:
`
`A verified hill of
`articulars for uliinnalive defenses Shall he served h)
`
`C 1+
`
`within 60 days of this order or receipt of the
`demand t erefore, whichever is later.
`
`II.
`
`MEDICAL REPORTS AND AUTHORIZATIONS (TO BE PROVIDED WITHIN 60
`DAYS):
`HEPM " Am
`treating and
`(a)
`Plaintiff(s) shall provide/\authorizations to obtain records of all
`examining health care providers including diagnostic tests, x-rays, MRIs EMGs CT
`Scans forInjuries specifiedIn the bill of particulars QASl'
`1' QN‘VAI’ MI'J ‘3 9’?
`4047 {KJ *3
`l'
`'37th Ffeméx
`Pla1nt1ff( 5) shall provide an authorization for collateral source information if any.
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`If plaintiff is claiming a loss of income or wages, if plaintiff is self-employed,
`authorizations for IRS records, or if employed, then authorizations for employment
`records, shall be provided for the year of, year before and year after the date of the
`alleged accident, as well as authorizations for the period of time lost from work as
`a result of the alleged accident.
`
`If, plaintiff was a student at the time of the alleged accident, plaintiff shall provide
`an authorization for school records for the day of the accident and for the period of
`time lost from school as a result of the alleged accident.
`
`false arrest, plaintiff shall provide an
`For cases alleging police assault or
`authorization for unsealing of the Criminal Court file and for Police Department
`records.
`C-l Rev. 8/02
`
`1 of 6
`1 of 6
`
`

`

`FILED: BRONX COUNTY CLERK 071-32018 09:12 N
`FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`
`4
`NYSCEF DOC. NO.
`NYSCEF DOC. NO. 4
`
`
`INDEX NO- 20131/20183
`INDEX NO. 20131/2018E
`
`
`
`
`
`R<.C«.IV«.D \IYSCEF: 07/12/2018
`RECEIVED NYSCEF: 07/12/2018
`
`IV.
`
`DEPOSITIONS: (check applicable box)
`
`(a)
`
`The depositions ofthe following parties shall take place on 52"Le (0‘)
`(L3
`flit/pm. within the Office of the Corporation Counsel located at 198
`East 161“ Street, Bronx, New York, or as otherwise agreed:
`1
`ies
`_
`
`:Plaigilirfis)
`‘_/Defendant(s)
`
`C
`fig"
`D 30 f 3)
`1‘ g / 3) Q (77( C
`
`at
`
`313;“)!
`@1330
`
`Waived by
`
`as to
`
`(b)
`
`Defendant(s) reserve the right to a further deposition of plaintiflls), as to any new
`injuries or damages claimed in any supplemental bill of particulars served by
`plaintiff(s) following the plaintiff’s deposition.
`
`PHYSICAL EXAMINATION:
`
`(a)
`
`(b)
`
`(C)
`
`A physical examination of the plaintiff shall be scheduled within 60 days after
`plaintiff‘s examination before trial.
`
`A copy of the physician’s report shall be furnished to plaintiff(s) within 60 days
`after the examination.
`
`Defendant(s) reserve the right to a further physical as to any new injuries claimed
`in any supplemental bill of particulars served by plaintiff(s).
`
`VI.
`
`OTHER DISCLOSURE:
`
`(a)
`
`(b)
`
`All parties shall provide the names and addresses of any witnesses to the
`occurrence and notice witnesses; accident reports; party statements; photographs
`taken in the ordinary course of business within 60 days.
`
`The City of New York and/or other defendants represented by Corporation
`Counsel, if any, shall provide the following information to all parties within 60
`days, subject to the date and location specified in the notice of claim (check if
`applicable).
`
`l. Premises Liabilig Cases:
`
`
`
`i.
`ii.
`
`
`respective City agency;
`Departmental accident/incident report
`'
`For non-transitory conditions,
`enance and repair records and
`
`
`written complainWe condition complained offor 2
`
`iii.
`
`ding the date of occurrence.
`years prior to and '
`For transito
`nditions, maintenance and written complaints
`regardi
`e condition complained of for 2 months prior to and
`me mg the date of the occurrence.
`
`ease and or sublease for the City-owned building, if applicable.
`
`
`- 2 -
`
`C-2 Rev. 8/02
`
`20f6
`2 of 6
`
`

`

`FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`FILED: BRONX COUNTY CLERK 07m2018 09:12 ‘
`
`' NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`
`20131/20183
`INDEX NO. 20131/2018E
`INDEX NO'
`
`
`
`
`
`07/12/2018
`R<.C«.IV«.D \iYSCEF:
`RECEIVED NYSCEF: 07/12/2018
`
`
`
`_ 2. Slip and Fall Cases (Department of Sanitation):
`
`
`
`To be produced at EBT of defendant City of New York
`
`
`
`e period of 2 weeks prior to and
`
`District Operation Log (carting boo
`including the date of the o
`nce.
`District Snow 0
`' n Book for the above period of time.
`
`Snow Re
`Operation Report (SR—2) and spreading or plowing operation
`r the above time period, if the occurrence took place in the
`way.
`
`
`
`
`3. Trip and Fall Casess(Department of Transportatio
`
`
`
`
`i.
`
`ii.
`iii.
`
`i
`
`ii.
`
`Applications for permits and permits
`date of occurrence;
`Cut forms and repair or
`occurrence;
`
`years prior to and including the
`
`for 2 years prior to and including the date of
`
`
`
`Violations £53
`
`for 2 years prior to and including the date of occurrence;
`
` ' cident occurred on a sidewalk or in a crosswalk.
`
`
`
`. Cases involving allegation; of defective traffic signalss:(DOT)
`
`
`
`i.
`
`ii.
`iii.
`
`iv.
`
`Maintenance and repair records for 2 months pri
`d including date of
`
`occurrence;
`
`o and including date of occurrence;
`Complaints made for 2 months p '
`The name and address of
`ontractor responsible for maintenance of the
`
`traffic signals on da
`the occurrence and for 2 months prior thereto;
`A copy ofthe .tract(s) in effect at the time of occurrence and for 2 months
`
`
`
`e appropriate City agency, upon appomtrnent.
`
`_.5 Cases involving allegations of defective traffic signss(:DOT)
`
`2.
`..
`ll.
`
`Maintenance and repair records for 2 months prior to
`of occurrence;
`
`
`
`Complaints for 2 mo
`
`
`' r to and including the date of occurrence.
`
`
`C-3 Rev. 8/02
`
`3of6
`3 of 6
`
`

`

`
`
`INDEX NO. 20131/2018E
`
`
`
`RECEIVED NYSCEF: 07/12/2018
`
`FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`
`nil-130C big 4
`NYSCEF DOC. NO. 4
`(”14‘4“
`‘1‘
`6.13"?”
`‘ Q‘
`A“, l
`\ n hkir
`I (\L
`2.
`Q44 0
`[M5,
`M“(AK J \L
`W0 ‘2‘”
`I n...-
`\ w 6* c
`
`——___
`
`_
`
` prEX NO. 20131/201é3
`R«.cZ{\L. Wizhzr‘fi7/lZ/2018
`7
`6-WWW/
`The City will provide the following withing 60 days after the receipt from plaintiff,
`of an authorization and “so-ordered” unsealing order described in III (e) above:
`i.
`Complaint report;
`V]: ' l O TU U0 6 C C)
`ii.
`Complaint follow—upreport(s);
`’1]:
`1 0‘4
`S
`iii.
`Arrest report;
`\
`C (9
`iv.
`Memo book entries for incident in questiOn; j: 0 T v
`v.
`On-line booking sheet.
`V131 . ‘2; f e 6‘ *1" L' ‘1 ( ( 1891i ’5
`“9 7. Inmate assault cases (Department of Correction (DOC)):
`i.
`
`Department of Correction incident repo
`
`prior to and including the date of the occurrence, if a vehicular
`one
`efect is alleged in either the departmental accident report or the MV-104.
`
`9. Board of Education cases:
`i.
`Accident report: The defendant shall notify the parents of student(s)
`named in the accident report as to the release of those students names
`and/or addresses within 30 days of the date herein. Within 45
`of that
`notification, the defendant shall release the information to
`
`parties, absent an objection from the notified persons.
`card of Education
`comprehensive accident report(s) for the occurre
`IS subject to redaction
`
`of privileged information pursuant to the F
`'
`Education and Privacy
`
`Act, U.S. Code Ann., Title 20, Ch. 31;
`
`Witnesses: The defendant shall noti
`e parents of student witnesses as
`to the release of those students it
`es and/or addresses withing 30 days of
`the date herein. Within 45 d
`s of that notification, the defendant shall
`release the information I
`e other parties, absent an objection from the
`
` other
`
`ii.
`
`iii.
`
`iv.
`
`itory conditions, maintenance and repair records, written
`
`
`or transitory conditions, maintenance and written complaints regarding
`
`the condition complained of for 2 months prior to and including the date of
`the occurrence.
`
`-4-
`
`C-4 Rev. 8/02
`
`4of6
`4 of 6
`
`

`

`FILED: BRONX COUNTY CLERK 071-32018" 09:12 ‘
`FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`
`INDEX NO- 20131/20192
`INDEX NO. 20131/2018E
`
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`07/12/2018
`RECEIVED NYSCEF: 07/12/2018
`
`(c)
`
`((1)
`
`Any party who wishes to obtain prior notices of claim, pursuant to GML§ SO-g,
`may do so by contacting the Bureau of Law and Adjustment at (212) 669-3422 to
`obtain an appointment to search the index maintained at 1 Centre Street, New
`York, New York.
`
`Any party who wishes to obtain an MV-104, be advised that the New York City
`Police Department no longer maintains MV-104s beyond 30 days for accidents
`occurring afier April 15, 1995.
`
`(c)
`
`All searches shall be conducted based upon the date and location as described in
`the notice of claim.
`
`VII
`
`CO-DEFENDANT(S) AND/0R THIRD-PARTYGES) TO PROVIDE THE
`
`FOLLOfing TfiALL PARTIES:
`
`VIII
`
`THIRD-PARTY ACTIONS/IMPLEADER:
`Shall becompletedonorbefore
`A5 f4 4 C P L
`
`Q
`
`ADDITIONAL DIRECTIVES:
`
`l.
`
`afifou
`
`e
`
`
`
`
`
`
`
`-5-
`
`C-5 Rev. 8/02
`
`50f6
`5 of 6
`
`

`

`FILED: BRONX COUNTY CLERK 07/12/2018 09:12 AM
`FILED: BRONX COUNTY CLERK 071-32018 09:12 ‘
`
`NYSCEF DOC. NO.
`4
`NYSCEF DOC. NO. 4
`
`INDEX NO. 20131/2018E
`INDEX NO- 20131/2018E
`
`
`
`
`
`R«C«IV«D VYSCEF: 07/12/2018
`RECEIVED NYSCEF: 07/12/2018
`
`
`
`This Preliminary Conference Order Shall Supersede Any Demands
`for Discovery Previously Served upon Parties Represented by the
`Office of the Corporation Counsel.
`
`Failure to comply with any of these directives may result in the imposition of costs
`or sanctions or other actions authorized by law.
`
`of th' or
`
`
`was received on the date hereof.
`
`
`Attorney for Plaintiffls) I IU a (NJ/Jr 5 .
`
`Attorney for Plaintiflts)
`
`._
`
`Attorney for Plaintiff(s)
`
`Attorney for Plaintiff“)
`
`‘4]
`
`Attorney for Defendant: City of New York
`B 2 5M FT. Tr\c‘ ‘46..
`p3 Pl "1w L
`
`Attorney for Defendant
`
`
`
`Attorney for Defendant
`
`Attorney for Defendant
`
`
`
`Attorney for Defendant
`
`Attorney for Defendant
`
`This constitutes the decision and order of the court.
`
`Dated:
`
`sigh?
`
`Mgr/Q
`
`J.S.C.
`
`_ 6 _
`
`HON. MITCHELL J. DANZIGER
`
`C-6 Rev. 8/02:
`
`6of6
`6 of 6
`
`