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JOSEPH HARRIS v. WINSTON PHIPPS et al

Docket 631851/2023, New York State, Suffolk County, Supreme Court (Dec. 29, 2023)
Case TypeTorts - Motor Vehicle
TagsTort, Civil, Vehicle
Plaintiff Joseph Harris
Defendant Winston Phipps
Defendant ADVANTAGE AMBULETTE SERVICE
...
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ORDER - PRELIMINARY CONFERENCE

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 35 (N.Y. Sup. Ct., Suffolk County Jul. 17, 2024)
It is hereby STIPULATED AND ORDERED: The within Action is heretry designated as STANDARD and thus subject to the 12 month disclosure time Iimitations period applicablc thereta (22 NYCRR 202.19).
Insurance Coveraqe (CPLR 3101(f): If not already provided, shall be fumished all parties, including primary, sxcess and umbrella policics, by August 10,2024.
If there is no umbrella or excess policy, then an affidavit to that effect, signed by defendant(s) and notarized, shall be supplied by the same date):
Defendants shall process each authorization within 30 days ofreceipt and shall follow up at least monthly until the records are receivcd, so that the requcsted material will be received before plaintifls deposition date as ordered hcrein.
7 Phvsical Examinati ons and Ilcoorts (Uni form Rule 202.11)z In Personal Injury aclrons, physical cxaminations(s) of plaintiff shatl be designated, with a copy to all parties, within 20 days of plaintifl's deposition and shall be completed withirr 45 days of plaintiffls deposition.
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STIPULATION - PRELIMINARY CONFERENCE ( REQUEST TO SO ORDER )

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 33 (N.Y. Sup. Ct., Suffolk County Jul. 10, 2024)
period applicable time limitations thereto disclosure to the 12 month shall provided as follows: Disclosure Insurance Coverage (CPLR 3101(f): If not already excess and umbrella policies, primary, including parties, then an affidavit no umbrella or excess policy, shall be supplied by the samedate):
notarized, be furnished shall provided, by August 10, 2024. signed by defendant(s) to that effect, If there all is and
Defendants shall process each and shall 30 days of receipt the records follow up at least monthly until be received before plaintiff's deposition proper the non-receipt authorizations, unless proof of timely deposition plaintiffs injuries/conditions prior to the accident authorization within shall the requested material will so that are received, date as ordered herein.
provides If plaintiff timely not be grounds for delaying of records
and Reports (Uniform Rule 202.17): In Personal Injury actions, shall be designated, with a copy to all parties, within of plaintiff examinations(s) 45 days of plaintiff's be completed within and shall 20 days of p@aiItiff's deposition At least 20 days before the date of such examination the plaintiff shall provide records of providers who previously of the medical to all other parties, copies, A copy of with respect the report examined plaintiff alleged.
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STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 23 (N.Y. Sup. Ct., Suffolk County Apr. 11, 2024)
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that Plaintiff’s Motion for a Default Judgment against the Defendants, WINSTON PHIPPS and ADVANTAGE AMBULETTE SERVICE, INC. s/h/a “ADVANTAGE AMBULETTE SERVICE and ADVANTAGE AMBULETTE SERVICE, INC.”, presently returnable on May 1, 2024, is withdrawn.
Dated: White Plains, New York April 11, 2024
s/h/a ADVANTAGE AMBULETTE SERVICE, INC. and ADVANTAGE AMBULETTE
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AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 36 (N.Y. Sup. Ct., Suffolk County Aug. 1, 2024)
None the less the should the Court search the record despite defendants not being fairly apprised which affirmative defenses plaintiff seeks to be stricken, defendants’ best guess is that plaintiff possibly has defendants’ 4th, 6th and 11th ...
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STIPULATION - ADJOURNMENT OF MOTION

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 32 (N.Y. Sup. Ct., Suffolk County Jul. 3, 2024)
IT IS HEREBYSTIPULATEDANDAGREEDby and between the undersigned that Motion for SummaryJudgment and strike defenses, against affirmative the Defendants, WINSTONPHIPPS and ADVANTAGEAMBULETTESERVICE, INC. s/h/a "ADVANTAGE AMBULETTESERVICE and ADVANTAGEAMBULETTESERVICE,
presently Plaintiff's returnable on July 10, 2024, is adjourned to August 14, 2024.
Opposition to be filed by August 2, 2024 and Reply to be filed by August 14, 2024.
IT IS HEREBYFURTHERSTIPULATEDANDAGREEDthat this Stipulation may be and an email or facsimile signed in counterparts Dated: White Plains, NewYork July 3, 2024 copy of same shall be accepted as an original.
Attorneys for Defendants WINSTONPHIPPS and ADVANTAGE
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EXHIBIT(S) - A Summons and Complaint

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 27 (N.Y. Sup. Ct., Suffolk County Apr. 30, 2024)
That at all the times hereinafter alleged, and upon information and belief, the defendant ADVANTAGE AMBULETTE SERVICE was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York.
That at all the times hereinafter alleged, and upon information and belief, the defendant ADVANTAGE AMBULETTE SERVICE is the titled owner of a motor vehicle bearing license plate number 44641LV New York State.
That at all the times hereinafter alleged, and upon information and belief, the defendant ADVANTAGE AMBULETTE SERVICE is the registered owner of a motor vehicle bearing license number 44641LV New York State.
That at all the times hereinafter alleged, and upon information and belief, the defendant ADVANTAGE AMBULETTE SERVICE, INC. is the titled owner of a motor vehicle bearing license plate number 44641LV New York State.
That at all the times hereinafter alleged, and upon information and belief, the defendant ADVANTAGE AMBULETTE SERVICE, INC. is the registered owner of a motor vehicle bearing license number 44641LV New York State.
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AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

Document JOSEPH HARRIS v. WINSTON PHIPPS et al, 631851/2023, 26 (N.Y. Sup. Ct., Suffolk County Apr. 30, 2024)
631851/2023 RECEIVED NYSCEF: 04/30/2024 (a) “Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then shall stop before entering ...
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