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`018 10:36 ,
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`FILED: NEW YORK COUNTY CLERK 08/14/2018 10:36 AM
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`159
`COUNTY CLERK 08 1:112
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`NYSCEF DOC. NO.
`NYSCEF DOC. NO. 159
`O
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`INDEX NO.
`1
`58775/201
`INDEX NO. 158775/2013
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` *uIV‘ .D VYSCEF:
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`08/14/201
`RECEIVED NYSCEF: 08/14/2018
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`HON, ADAM Bil—VERA
`J,S,C.
`
`1L2./
`At W8. Partfiof the Supreme Court,
`County of New York, Justice 511ng ,
`presiding, held in the Courthouse located at
`55 ’66 Centre Street, New York, New York, on
`the @day of &M§L42'e , 2018.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`____________________________________________________________________X
`MYRON KIRK WALKER,
`
`Plaintiff,
`
`- against -
`GMY LINE NEW YORK,
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`———————————————————————————————————————————————————————————————————X
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`Defendant.
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`Index No.2 158775/2013
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`ORDER To SHOW CAUSE
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`X aé
`,
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`UPON the reading and filing of the Affirmation of Roberto D. Uribe, Esq. dated August
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`8, 2018 on behalf of Defendants, GRAY LINE NEW YORK; and upon all the pleadings and
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`proceedings in this matter to date, together with the annexed exhibits hereto,
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`show cause before the
`LET the attorneys for Plaintiff, MYRON KIRK WALKER,
`gab
`RMJSZ
`Supreme Court of the State of New York, New York County located 3%antlfoStreet/*1ew
`York, New York, at Part ga on the [1% day of 2; 9m! g“, 2018, atfiwdoek in the
`forenoon of that day or as soon thereafter as counsel may be heard, why the Court should not issue
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`an Order:
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`(1) Striking the portions of Plaintiff s Bill of Particulars and Supplemental Bill of
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`Particulars alleging injuries and treatment to his cervical spine and lumbar spine;
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`(2) Precluding Plaintiff from offering or relying upon any evidence at the time of trial in
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`this action in connection with any alleged injuries and treatment to Plaintiff s cervical
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`spine and lumbar spine;
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`1 of 2
`1 of 2
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`INDEX Nd.’ 158775/2013
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`INDEX NO. 158775/2013
`FILED: NEW YORK COUNTY CLERK 08/14/2018 10:36 AM
` FILED: NEW YORK COUNTY CLEM082018 10:36 ‘
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`08/14/2018
`NYSCEF DOC. NO. 159
`RECEIVED NYSCEF: 08/14/2018
`NYSCEF DOC. NO. 159
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`. R*.C*.IV*.D \IYSCEF'
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`(3) Precluding Plaintiff from offering or relying upon any evidence at the time of trial in
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`this action which has not been furnished in response to Defendant’s discovery demands
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`or in response to prior Court Orders, directives and Stipulations including specific
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`clarification as to Plaintiffs medical bills (outstanding and paid) and all liens or
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`alternatively, compelling Plaintiff to provide same within twenty (20) days;
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`(4) In the alternative, striking the Plaintiff‘s Note of Issue and Certificate of Trial
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`Readiness to conduct further discovery including a further examination before trial of
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`Plaintiff and a further independent medical examination;
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`(5) Pursuant to CPLR § 2201, staying this matter, currently scheduled for trial on October
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`9, 2018, until after the completion of all necessary aforementioned discovery; and
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`(6) Together with such other and further relief as this Court may deem just, proper and
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`equitable.
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`SUFFICIENT CAUSE APPEARING THEREFOR, let service of a copy of this Order
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`to Show Cause together with the supporting papers annexed hereto be made upon counsel for the
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`Plaintiff, BECKER & D’AGOSTINO, RC, 880 Third Avenue, New York, New York 10022, by
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`overnight mail, on or before the QkVAday of A mg wgfi
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`, 2018, be deemed good
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`and sufficient service thereof.
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`806132013
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`ENTE’R:
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`J.S.
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`.
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`gt: ( A/—~
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`I
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`HON. ADAM SlLVERA
`J.S.C.
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`20f2
`2 of 2
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