`
`
`V
`"'
`’0-1’
`018 10:36 ,
`
`FILED: NEW YORK COUNTY CLERK 08/14/2018 10:36 AM
`
`159
`COUNTY CLERK 08 1:112
`
`NYSCEF DOC. NO.
`NYSCEF DOC. NO. 159
`O
`
`INDEX NO.
`1
`58775/201
`INDEX NO. 158775/2013
`
` *uIV‘ .D VYSCEF:
`
`
`08/14/201
`RECEIVED NYSCEF: 08/14/2018
`
`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,
`
`———————————————————————————————————————————————————————————————————X
`
`Defendant.
`
`Index No.2 158775/2013
`
`ORDER To SHOW CAUSE
`
`X aé
`,
`
`UPON the reading and filing of the Affirmation of Roberto D. Uribe, Esq. dated August
`
`8, 2018 on behalf of Defendants, GRAY LINE NEW YORK; and upon all the pleadings and
`
`proceedings in this matter to date, together with the annexed exhibits hereto,
`
`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
`
`an Order:
`
`(1) Striking the portions of Plaintiff s Bill of Particulars and Supplemental Bill of
`
`Particulars alleging injuries and treatment to his cervical spine and lumbar spine;
`
`(2) Precluding Plaintiff from offering or relying upon any evidence at the time of trial in
`
`this action in connection with any alleged injuries and treatment to Plaintiff s cervical
`
`spine and lumbar spine;
`
`1 of 2
`1 of 2
`
`
`
`INDEX Nd.’ 158775/2013
`
`
`
`INDEX NO. 158775/2013
`FILED: NEW YORK COUNTY CLERK 08/14/2018 10:36 AM
` FILED: NEW YORK COUNTY CLEM082018 10:36 ‘
`
`
`
`
`
`
`
`08/14/2018
`NYSCEF DOC. NO. 159
`RECEIVED NYSCEF: 08/14/2018
`NYSCEF DOC. NO. 159
`.
`. R*.C*.IV*.D \IYSCEF'
`
`(3) Precluding Plaintiff from offering or relying upon any evidence at the time of trial in
`
`this action which has not been furnished in response to Defendant’s discovery demands
`
`or in response to prior Court Orders, directives and Stipulations including specific
`
`clarification as to Plaintiffs medical bills (outstanding and paid) and all liens or
`
`alternatively, compelling Plaintiff to provide same within twenty (20) days;
`
`(4) In the alternative, striking the Plaintiff‘s Note of Issue and Certificate of Trial
`
`Readiness to conduct further discovery including a further examination before trial of
`
`Plaintiff and a further independent medical examination;
`
`(5) Pursuant to CPLR § 2201, staying this matter, currently scheduled for trial on October
`
`9, 2018, until after the completion of all necessary aforementioned discovery; and
`
`(6) Together with such other and further relief as this Court may deem just, proper and
`
`equitable.
`
`SUFFICIENT CAUSE APPEARING THEREFOR, let service of a copy of this Order
`
`to Show Cause together with the supporting papers annexed hereto be made upon counsel for the
`
`Plaintiff, BECKER & D’AGOSTINO, RC, 880 Third Avenue, New York, New York 10022, by
`
`overnight mail, on or before the QkVAday of A mg wgfi
`
`, 2018, be deemed good
`
`and sufficient service thereof.
`
`806132013
`
`ENTE’R:
`
`
`J.S.
`
`.
`
`gt: ( A/—~
`
`I
`
`HON. ADAM SlLVERA
`J.S.C.
`
`20f2
`2 of 2
`
`
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