On May 11, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Executive Risk Indemnity Inc Aso Jeremy Glick And Rebecca Glick,
and
Chefalo Carpentry & Construction Llc,
Stephan Conklin,
for Torts - Other (Property Damage)
in the District Court of Putnam County.
Preview
SUPREME COURT : PUTNAM COUNTY
HON. GINA C CAPONE, JUSTICE SUPREME COURT
PRELIMINARY CONFERENCE
STIPULATION & ORDER
GKGLUtflVE yuSK %/\0ERN ITV J Art /Y/S /4
Gt»CK A'hrD £%ECCA CoMCN (§§202.12 & 202.19 of theUniform Rules)
agµ\f
Plaintiff(s),
Index No. (
Conference Date: 25 o O
CONFsT&VCDON LLCDiscovery Completion Date:
Gg g) ALC) C/fYtpgWT©l\ Expedited(8 mos.)
STb. CO. Standard (12 mos.)
FÆ/\')
Complex (15 mos.)
Defendant(s).
ALL ITEMS ON THIS FORM MUST BE COMPLETED.
APPLICABLE" WHERE
WRITE "NOT (N/A) APPROPRIATE.
IF YOU ENCOUNTER PROBLEMS WITH SCHEDULING OR COMPLETING ITEMS ON TIME,
CONTACT THE COURT AND A CONFERENCE WILL BE SCHEDULED.
IT IS HEREBY STIPULATED AND ORDERED that disclosure shall proceed as follows:
(1) Insurance Coverage: If not already provided, shall be furnished by FJEFEA/\0klvTS onor
before (p [ 25 | 101A .
(2) Bill of Particulars:
a. Demand for a Bill of Particulars shall be served by At 2E/90'/ SF-u onorbefore
b. Bill of Particulars shall be served by /.y( . fL\üO on or
before .
c. A Supplemental Bill of Particulars shall be served by /)LG/AV3P( ST() as to
items AC( k on or before b/ .
(3) Medical Reports and Authorizations:
Shall be served as follows:
1
(4) Physical Examination:
a. Examination of hd k shall be held within N)) /L .
b. A copy of the physician's report shall be furnished to plaintiff within @/\ 4 days of the examination.
(5) Depositions: Depositions of
[ Plaintiff(s) [ efendant(s) [ ] All Parties
shall be held
() g CEL Y3 G rAGE Cl 2 262..1 .
(6) Other Disclosure:
a. All parties, on or before 2-OR, shall exchange names and addresses of all witnesses,
(p(2K|
statements of opposing parties and photographs, or,ifnone, provide an affirmation to that effect.
plaintiff(s)' fr-
b. Authorization for employment records for the period Ivl , shallbe
furnished on or before h /\! .
c. Demand for and inspection shall be served L $- SE.Y-W · on or
discovery by pr
before 44 . The items sought shall be produced to the extent not objected to, and
objections, ifany, shall be stated on or before (p
25|'2. A .
d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101 (g)
by
1Q~L'A .
(p [ 25|
e. Other [interrogatories (CPLR 3130), etc.] .
f. Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within
days.
(7) End Date for All Disclosure [must be within 12 months, or 15 months for a complex case]:
(Q f2d | 10%
2
(8) Impleader: Motion(s) to amend the pleadings; or to add parties. Shall be completed on or before
2 25 /lon .
(9) Compliance Conference shall be held on at 9:30 a.m. to monitor the progress of
discovery, explore potential settlement, and set a deadline for the filing of the Note of Issue.
(10) Trial Readiness Conference (to be scheduled by the Court):
(11) Expert Disclosure:
Plaintiff(s) shall provide expert disclosure in accordance with Part Rules. Defendant(s) shall provide expert
disclosure in accordance with Part Rules.
Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action,
damage or defense shall serve itsresponse to an expert demand pursuant to CPLR §3101(d) on or before the filingof
the Note of Issue, ifnot sooner filed. Any opposing party shall serve itsanswering response pursuant to CPLR
§3101(d) within 60 days after the filingof the Note of Issue. Any amended or supplemental expert disclosure shall
be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply
with this rule may be precluded from offering the testimony and opinions of the expert for whom a timely response
has not been given.
A response to any demand made pursuant to CPLR §3101(d)(1) shall be made within 30 days of retaining
such expert.
(12) Note of Issue:
Plaintiff shall filea Note of Issue/Certificate of Readiness on or before .
(13) Pre-Trial Conference shall be held on at 9:30 a.m.
3
ADDITIONAL DIRECTIVES
In addition to the directives set forth on the annexed pages, itis further ORDERED as follows:
Dated: Carmel, New York
,2022
SO ORDERED:
Hon. Gina C. Capone, J.S.C.
5
(14) Motions: Any dispositive Summary Judgment Motion(s) shall be made within 60 days of the filing of the
Note Of Issue.
All motions and answering papers are ordered to be filed directly with the Putnam County Clerk.
No papers will be accepted by Chambers without proof of the filing fees having been paid.
(15) The parties shall ensure that a Stipulation of Discontinuance shall be promptly filed ifthe case settles before
the next meeting with the Court.
(16) All parties shall comply with this Part's Rules, and counsel acknowledge they have read and understand the
Part Rules.
Failure to comply with any of these directives may result in the imposition of costs or sanctions or other action
authorized by law.
Attorney for Plaintiff(s) Signature Print Firm Name
Attorney for Defendant( Signature Print Firm Name
Attorney for Defendant(s) Signature Print Firm Name
Dated: , 2022
Carmel, New York
SO ORDERED:
Hon. Gina C. Capone, J.S.C.
4
Document Filed Date
May 24, 2022
Case Filing Date
May 11, 2021
Category
Torts - Other (Property Damage)
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SUPREME COURT : PUTNAM COUNTY HON. GINA C CAPONE, JUSTICE SUPREME COURT PRELIMINARY CONFERENCE STIPULATION & ORDER GKGLUtflVE yuSK %/\0ERN ITV J Art /Y/S /4 Gt»CK A'hrD £%ECCA CoMCN (§§202.12 & 202.19 of theUniform Rules) agµ\f Plaintiff(s), Index No. ( Conference Date: 25 o O CONFsT&VCDON LLCDiscovery Completion Date: Gg g) ALC) C/fYtpgWT©l\ Expedited(8 mos.) STb. CO. Standard (12 mos.) FÆ/\') Complex (15 mos.) Defendant(s). ALL ITEMS ON THIS FORM MUST BE COMPLETED. APPLICABLE" WHERE WRITE "NOT (N/A) APPROPRIATE. IF YOU ENCOUNTER PROBLEMS WITH SCHEDULING OR COMPLETING ITEMS ON TIME, CONTACT THE COURT AND A CONFERENCE WILL BE SCHEDULED. IT IS HEREBY STIPULATED AND ORDERED that disclosure shall proceed as follows: (1) Insurance Coverage: If not already provided, shall be furnished by FJEFEA/\0klvTS onor before (p [ 25 | 101A . (2) Bill of Particulars: a. Demand for a Bill of Particulars shall be served by At 2E/90'/ SF-u onorbefore b. Bill of Particulars shall be served by /.y( . fL\üO on or before . c. A Supplemental Bill of Particulars shall be served by /)LG/AV3P( ST() as to items AC( k on or before b/ . (3) Medical Reports and Authorizations: Shall be served as follows: 1 (4) Physical Examination: a. Examination of hd k shall be held within N)) /L . b. A copy of the physician's report shall be furnished to plaintiff within @/\ 4 days of the examination. (5) Depositions: Depositions of [ Plaintiff(s) [ efendant(s) [ ] All Parties shall be held () g CEL Y3 G rAGE Cl 2 262..1 . (6) Other Disclosure: a. All parties, on or before 2-OR, shall exchange names and addresses of all witnesses, (p(2K| statements of opposing parties and photographs, or,ifnone, provide an affirmation to that effect. plaintiff(s)' fr- b. Authorization for employment records for the period Ivl , shallbe furnished on or before h /\! . c. Demand for and inspection shall be served L $- SE.Y-W · on or discovery by pr before 44 . The items sought shall be produced to the extent not objected to, and objections, ifany, shall be stated on or before (p 25|'2. A . d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101 (g) by 1Q~L'A . (p [ 25| e. Other [interrogatories (CPLR 3130), etc.] . f. Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within days. (7) End Date for All Disclosure [must be within 12 months, or 15 months for a complex case]: (Q f2d | 10% 2 (8) Impleader: Motion(s) to amend the pleadings; or to add parties. Shall be completed on or before 2 25 /lon . (9) Compliance Conference shall be held on at 9:30 a.m. to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the Note of Issue. (10) Trial Readiness Conference (to be scheduled by the Court): (11) Expert Disclosure: Plaintiff(s) shall provide expert disclosure in accordance with Part Rules. Defendant(s) shall provide expert disclosure in accordance with Part Rules. Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action, damage or defense shall serve itsresponse to an expert demand pursuant to CPLR §3101(d) on or before the filingof the Note of Issue, ifnot sooner filed. Any opposing party shall serve itsanswering response pursuant to CPLR §3101(d) within 60 days after the filingof the Note of Issue. Any amended or supplemental expert disclosure shall be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply with this rule may be precluded from offering the testimony and opinions of the expert for whom a timely response has not been given. A response to any demand made pursuant to CPLR §3101(d)(1) shall be made within 30 days of retaining such expert. (12) Note of Issue: Plaintiff shall filea Note of Issue/Certificate of Readiness on or before . (13) Pre-Trial Conference shall be held on at 9:30 a.m. 3 ADDITIONAL DIRECTIVES In addition to the directives set forth on the annexed pages, itis further ORDERED as follows: Dated: Carmel, New York ,2022 SO ORDERED: Hon. Gina C. Capone, J.S.C. 5 (14) Motions: Any dispositive Summary Judgment Motion(s) shall be made within 60 days of the filing of the Note Of Issue. All motions and answering papers are ordered to be filed directly with the Putnam County Clerk. No papers will be accepted by Chambers without proof of the filing fees having been paid. (15) The parties shall ensure that a Stipulation of Discontinuance shall be promptly filed ifthe case settles before the next meeting with the Court. (16) All parties shall comply with this Part's Rules, and counsel acknowledge they have read and understand the Part Rules. Failure to comply with any of these directives may result in the imposition of costs or sanctions or other action authorized by law. Attorney for Plaintiff(s) Signature Print Firm Name Attorney for Defendant( Signature Print Firm Name Attorney for Defendant(s) Signature Print Firm Name Dated: , 2022 Carmel, New York SO ORDERED: Hon. Gina C. Capone, J.S.C. 4