On August 31, 2017 a
Motion-Secondary
was filed
involving a dispute between
Beverly Strachan,
and
Riccelli Enterprises, Inc,
Zachary W. Millix,
for Torts - Motor Vehicle
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018
SUPREME COURT
STATE OF NEW YORK ONONDAGA COUNTY
BEVERLY STRACHAN, AFFIDAVIT IN SUPPORT OF
MOTION TO COMPEL
Plaintiff,
Index No.: 004035/2017
-vs-
ZACHARY W. MILLIX and
RICCELLI ENTERPRISES, INC.,
Defendants.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss.:
Jeff D. DeFrancisco, Esq. being duly sworn deposes and says:
1. I am an attorney and partner in DeFrancisco & Falgiatano, LLP, attorneys for
Plaintiff herein, and as such I am fully familiar with all the facts and circumstances in this case.
2. I submit this Affidavit in support of Plaintiff's Motion for an Order compelling
Defendants Zachary W. Millix and Riccelli Enterprises, Inc. to set dates certain for depositions.
3. This action was commenced on or about October 4, 2017 by the service of a
Summons and Complaint on Defendant Zachary W. Millix and upon Defendant Riccelli
Enterprises, Inc. on October 12, 2017. A copy of the Summons and Complaint and Affidavits of
Service are attached hereto as Exhibit "A". An Answer accompanied by Discovery Demands
was interposed by Defendants on October 9, 2017. See attached Exhibit "B".
Defendants'
4. On or about November 2, 2017, Plaintiff forwarded responses to
discovery demands together with her discovery demands, including Notices of Examination
Before Trial to Defendants. Copies of the Notice of EBTs are attached hereto as Exhibit "C".
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FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018
5. On or about February 14, 2018, my office contacted defense counsel with the
proposed dates of April 23-27, 2018 for depositions and was advised that the paralegal would
check with the attorney.
6. On or about February 16, 2018, defense counsel's office called back to advise that
defense counsel stillneeded to get Plaintiff's medical records and was not ready to schedule
depositions.
7. On or about November 2, 2017, authorizations to obtain Plaintiff's medical
records were provided with Plaintiff's discovery responses.
8. On or about February 28, 2018, Plaintiff forwarded correspondence to defense
counsel proposing April 23, May 14, 15, 16 and 17, 2018 for depositions and included a CD with
the medical records in Plaintiff's possession. A copy of the February 28, 2018 correspondence is
attached hereto as Exhibit "D".
9. My office forwarded updated medical records on March 1 and 7, 2018. Copies of
our correspondences to defense counsel are attached as Exhibit "E".
10. On or about March 20, 2018, my office called the office of defense counsel to
follow up on our February 28, 2018 correspondence and was advised that defense counsel was
stillnot ready to schedule depositions despite being in possession of Plaintiff's medical records
and authorizations having been forwarded four months prior.
11. To date, Defendants have failed to provide dates certain for depositions.
12. Based on the foregoing I hereby request an Order compelling dates certain for
depositions in addition to costs associated with this motion.
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FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018
WHEREFORE, deponent respectfully requests an Order setting forth dates certain for
depositions and that Defendants be required to pay PlaintiffWEõsts Mbringing this Motion,
/
together with such other and further relief that this Court deems just and pÓoper.
Jeff eFrancisco
Sworn to this 5th day of
April 2018.
Notary Public
MICHELE GOSSELIN
Notary Public, State of New York
Qualified in Cayuga County
Commission
No. 01GO6117351
Expires ~. &, & ~
3 of 3
Document Filed Date
April 05, 2018
Case Filing Date
August 31, 2017
Category
Torts - Motor Vehicle
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Preview
FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018 SUPREME COURT STATE OF NEW YORK ONONDAGA COUNTY BEVERLY STRACHAN, AFFIDAVIT IN SUPPORT OF MOTION TO COMPEL Plaintiff, Index No.: 004035/2017 -vs- ZACHARY W. MILLIX and RICCELLI ENTERPRISES, INC., Defendants. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss.: Jeff D. DeFrancisco, Esq. being duly sworn deposes and says: 1. I am an attorney and partner in DeFrancisco & Falgiatano, LLP, attorneys for Plaintiff herein, and as such I am fully familiar with all the facts and circumstances in this case. 2. I submit this Affidavit in support of Plaintiff's Motion for an Order compelling Defendants Zachary W. Millix and Riccelli Enterprises, Inc. to set dates certain for depositions. 3. This action was commenced on or about October 4, 2017 by the service of a Summons and Complaint on Defendant Zachary W. Millix and upon Defendant Riccelli Enterprises, Inc. on October 12, 2017. A copy of the Summons and Complaint and Affidavits of Service are attached hereto as Exhibit "A". An Answer accompanied by Discovery Demands was interposed by Defendants on October 9, 2017. See attached Exhibit "B". Defendants' 4. On or about November 2, 2017, Plaintiff forwarded responses to discovery demands together with her discovery demands, including Notices of Examination Before Trial to Defendants. Copies of the Notice of EBTs are attached hereto as Exhibit "C". 1 of 3 FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018 5. On or about February 14, 2018, my office contacted defense counsel with the proposed dates of April 23-27, 2018 for depositions and was advised that the paralegal would check with the attorney. 6. On or about February 16, 2018, defense counsel's office called back to advise that defense counsel stillneeded to get Plaintiff's medical records and was not ready to schedule depositions. 7. On or about November 2, 2017, authorizations to obtain Plaintiff's medical records were provided with Plaintiff's discovery responses. 8. On or about February 28, 2018, Plaintiff forwarded correspondence to defense counsel proposing April 23, May 14, 15, 16 and 17, 2018 for depositions and included a CD with the medical records in Plaintiff's possession. A copy of the February 28, 2018 correspondence is attached hereto as Exhibit "D". 9. My office forwarded updated medical records on March 1 and 7, 2018. Copies of our correspondences to defense counsel are attached as Exhibit "E". 10. On or about March 20, 2018, my office called the office of defense counsel to follow up on our February 28, 2018 correspondence and was advised that defense counsel was stillnot ready to schedule depositions despite being in possession of Plaintiff's medical records and authorizations having been forwarded four months prior. 11. To date, Defendants have failed to provide dates certain for depositions. 12. Based on the foregoing I hereby request an Order compelling dates certain for depositions in addition to costs associated with this motion. 2 of 3 FILED: ONONDAGA COUNTY CLERK 04/05/2018 04:35 PM INDEX NO. 004035/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/30/2018 WHEREFORE, deponent respectfully requests an Order setting forth dates certain for depositions and that Defendants be required to pay PlaintiffWEõsts Mbringing this Motion, / together with such other and further relief that this Court deems just and pÓoper. Jeff eFrancisco Sworn to this 5th day of April 2018. Notary Public MICHELE GOSSELIN Notary Public, State of New York Qualified in Cayuga County Commission No. 01GO6117351 Expires ~. &, & ~ 3 of 3