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RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al

Docket 63395/2024, New York State, Westchester County, Supreme Court (June 3, 2024)
Case TypeTorts - Other Negligence (Premises Liability)
TagsTort, Civil, Other, Negligence, Premises Liability
DeadlineExaminations CPLR§ 3106 unless otherwise agreed or ordered): shall appear for examination before trial at Plaintiff(s) and shall produce all on 10:00 a.m./p.m. 4/29/25 , at for use at the deposition
Deadlineand other Defendant(s) on 4/30/25 books
Plaintiff Rachida Ben-boulhaoun
Defendant 101 ELLWOOD TENANTS CORP.
Defendant THE FERRARA MANAGEMENT GROUP, INC.
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PRELIMINARY CONFERENCE ORDER (PROPOSED)

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 14 (N.Y. Sup. Ct., Westchester County Jan. 2, 2025)
Onor before shall exchange names and addresses of all 2/6/25 , all parties of opposing parties and photographs, or if none, shall and shall exchange statements witnesses, so state in writing. to expert witnesses in compliance with CPLR ...
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ORDER ( PROPOSED )

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 15 (N.Y. Sup. Ct., Westchester County Jan. 2, 2025)
The following party(s) to CPLR§1101: pursuant are exempt from the fee component of mediation based on indigent status
By signing below, the parties and/or their counsel agree that they shall comply with the 95 JD Presumptive Mediation Program Rules, the Mediation Fee Agreement which is incorporated and immunity, including those provisions regarding confidentiality by reference, and any applicable Court or Part ADR understand and agree that no attorney-client Rules.
Dated: White Plains, NewYork Sig pf Defe SigrYature unsel for Defendant Hon.
Within five (5) call with the Mediator to confirm the a conference days of sending this the parties shall form, initiate case.
The Parties shall also select a meeting date for the initial Mediator's acceptance of this session, Disclosure Rules and make arrangements for any exchange required to Court/Part pursuant discovery The initial to be forwarded session must be held within thirty (30) days of to the Mediator.
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NOTICE This blank PC Order must be completed jointly and filed to NYSCEF as a proposed PC order PRIOR to yo ... show more

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 12 (N.Y. Sup. Ct., Westchester County Dec. 4, 2024)
On or before , all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or if none, shall so state in writing. information relating b.
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ANSWER Verified Answer with Affirmative Defenses

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 4 (N.Y. Sup. Ct., Westchester County Nov. 7, 2024)
DENIES knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "17" and "18" and leaves all questions "10", of law to the Court.
Upon information and belief, any injuries and/or damages which may have been sustained by the Plainti)s) at the time and place set forth in the complaint were caused in whole or in part by reason ofthe Plaintiff(s) own negligence, culpable conduct and/or assumption of risk and by reason of the foregoing, the rights of the parties should 14-A of the CPLR.
time and place alleged and/or damageswere sustained by the Plaintifs) at the Whatever injuries in the complaint, were due to the acts of parties over whomthe answering defendant wasnot obligated to exercise any control or supervision.
That the injuries and/or damages allegedly sustained by the Plaintims) were caused by the failure and refusal of the Plaintims) to exercise adequate care and caution and by their assumption of all involved therein, Plaintiff(s)s in the premises, knew or should have known each and every risk involved therein and with the aforesaid risks knowledge engaged in the activities which subsequently led to their injuries and/or damages.
WHEREFORE,the answering defendant demandjudgment dismissing the complaint, together with the costs and disbursements of this action, and alternatively, further demands, in the event any verdict and/or judgment is recovered by the Plaintiff(s) .
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SUMMONS + COMPLAINT SUMMONS + COMPLAINT

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 1 (N.Y. Sup. Ct., Westchester County Jun. 3, 2024)
Plaintiff, by her attorneys, AJLOUNYINJURY LAW, complaining alleges, upon information and belief, above named, respectfully of the defendant as follows:
That at all times herein mentioned, the Defendant, 101 ELLWOODTENANTS CORP., agents, servants and/or employees, controlled the premises.
That upon information and belief, at all times herein mentioned, the Defendant had or should have had actual and constructive notice of said dangerous condition.
That as a result of said incident, and the Defendants' negligence, carelessness, and recklessness as described herein, Plaintiff sustained serious, protracted and permanent personal injuries, was rendered sick, sore, lame and disabled; was confined to bed and home; has been and will be prevented from attending his usual duties, did seek and still seeks medical attention and aid, has incurred and will incur great expense for medical care and attention, and sustained other injuries and damages.
WHEREFORE,Plaintiff respectfully demands judgment in an amount that exceeds the jurisdiction of the lower courts, together with costs and disbursements of this action.
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LETTER/CORRESPONDENCE FROM COURT PC Date 1/6/25 at 11:30am

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 11 (N.Y. Sup. Ct., Westchester County Dec. 4, 2024)
Richard J. Daronco Westchester County Courthouse 111 Dr. Martin Luther King Jr. Blvd.
Date: December 4, 2024 Index #: 63395/2024 Re: RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al An in-person Preliminary Conference will be held on January 6, 2024 at 11:30 a.m. before the Hon.
in Courtroom 103 of the Westchester County Courthouse located at 111 Dr. Martin Luther King, Jr.
An attorney thoroughly familiar with the case and with binding authority to agree on behalf of each party with respect to pre-trial and settlement matters must attend this conference prepared to engage in a meaningful discussion.
Requests for adjournment of this conference date must be on consent, confirmed by stipulation, subject to the approval of the Court.
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NOTICE These ADR forms must be completed jointly (CHOOSE A MEDIATOR) and filed to NYSCEF as a proposed orde ... show more

Document RACHIDA BEN-BOULHAOUN v. 101 ELLWOOD TENANTS CORP. et al, 63395/2024, 13 (N.Y. Sup. Ct., Westchester County Dec. 4, 2024)
On Consent of the Parties____Order of the Court____ (Check One) the above-captioned proceeding qualifies for referral to Mediation which shall be conducted in accordance with the 9th
The following party(s) are exempt from the fee component of mediation based on indigent status pursuant to CPLR §1101: _________________________________________.
meeting date for the initial session, exchange required discovery pursuant to Court/Part Disclosure Rules and make arrangements for any submissions to be forwarded to the Mediator.
➢ Matters involving allegations of domestic violence, child abuse or neglect, or severe power imbalance between the parties and/or where a temporary or final Order of Protection Order of Protection has been issued are not appropriate for referral to the program.
➢ ➢ Court Initiated: The Parties/Attorneys shall complete and submit a Mediation Selection Form indicating the chosen Mediator (Community Dispute Resolution Centers (CDRC)/ Roster Neutral/ Non-Roster Neutral) within 10 days of the So Ordered Order of Reference.
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