On November 06, 2020 a
Order
was filed
involving a dispute between
Kevin Lynch
As Administrator Of The Estate Of Rose Bouknight,
and
Glen Island Center For Nursing And Rehabilitation And,
Jopal Bronx Llc
D B A Workmen'S Circle Multicare Center,
Montefiore Medical Center,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/01/2022 09:49 AM INDEX NO. 64205/2020
NYSCEF DOC. NO. 68 SUPREME COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 06/01/2022
COUNTY OF WESTCHESTER
PRESENT: HON. WILLIAM J. GIACOMO, J,S.C.
--x
KEVIN LYNCH, as Administrator of the Estate of
ROSE BOUKNIGHT,
Plaintiff, COMPLIANCE CONFERENCE
- against - ORDER
MONTEFIORE MEDICAL CENTER, GLEN lndex No. 6420512020
ISLAND CENTER FOR NURSING AND
REHABILITATION and JOPAL BRONX LLC dibia
WORKMEN'S CIRCLE MULTICARE CENTER,
Defendants.
;;; ;,;'# ;;;;; ;;;'*.;;, ;#
^;;";;;;; For Defendant Montefiore: Kyle Epstein, Esq.
For Defendant Glen lsland: No appearance (settled)
For Defendant Jopal Bronx: Gonzalo Suarez, Esq.
ln accordance with the rules of this Court and pursuant to the Compliance Conference
held with Francesca L. Mountain, Principal Law Clerk, on May 3'l,2022, and itappearing that
disclosure previously ordered herein has not been completed or that additional disclosure is
warranted it is hereby:
ORDERED that disclosure shall proceed and be completed as follows:
1. Deposition of plaintiffs daughter, non-party Dominique Lynch, shall be
conducted on July 14,2022.
2. Any/All post deposition demands shall be served on or before_July.28,2022;
'18,
responses to post deposition demands shall be served on or before August
2022.
The parties are advised that they have no authority to adjourn court-ordered
depositions, nor do they have any authority to enlarge the deposition deadline dates.
As to non-party depositions, the parties are advised to timely serve subpoenas. Any
failure to subpoena arid/ordepose any non-parties in a timely manner will not delay issuance
of a Trial Readiness Order upon the expiration of Standards & Goals. Any subpoenas that
need to be so-ordered because they involve records of a department or bureau of a municipal
corporation shall be submitted to the Court in compliance with CPLR 2307.
Counsel for the parties are cautioned that any failure to strictly adhere to the Court's
discovery-todeadlines miy result in a truncated time-frame to complete discovery, nlay qe
deemed constitute a ivaiver of any outstanding discovery and will not delay the Court's
issuance of a Trial Readiness Order upon the expiration of Standards & Goals.
COVID-19 Directives: Due to the COVID-19 heallh emergency, the parties are
directed to use bestEffiits to proceed with this action in accordance with the Administrative
Orde(s) of the Chief Administrative Judge issued on March 19,2020 and thereafter.
Failure to comply herewith shall be grounds to strike pleadings pursuant to CPLR 3126
or grant other relief puisuant to CPLR 3124. Any party failing to appear.at this Compliance
Coiference shall be bound by the terms hereof, and disclosure demands not raised at the
Compliance Conference are deemed waived.
1 of 2
FILED: WESTCHESTER COUNTY CLERK 06/01/2022 09:49 AM INDEX NO. 64205/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 06/01/2022
The parties shall file to NYSCEF a Trial Readiness Stipulation or appear for a virtual
Compliance Conference with Francesca L. Mountain, Principal Law Clerk, on August 23,
2022 at 9:30 a.m., FINAL TO CERTIFY, subject to confirmation by the virtual conference link
emailed by this Court.
SO ORDERED:
Dated: White Plains, New York
May 31,2022
Hon. Willia Giacomo, J.S.C.
Any inquiries regarding this matter should be directed to the Part Clerk or Principal Law Clerk Francesca L. Mountain.
2 of 2
Document Filed Date
June 01, 2022
Case Filing Date
November 06, 2020
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: WESTCHESTER COUNTY CLERK 06/01/2022 09:49 AM INDEX NO. 64205/2020 NYSCEF DOC. NO. 68 SUPREME COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 06/01/2022 COUNTY OF WESTCHESTER PRESENT: HON. WILLIAM J. GIACOMO, J,S.C. --x KEVIN LYNCH, as Administrator of the Estate of ROSE BOUKNIGHT, Plaintiff, COMPLIANCE CONFERENCE - against - ORDER MONTEFIORE MEDICAL CENTER, GLEN lndex No. 6420512020 ISLAND CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC dibia WORKMEN'S CIRCLE MULTICARE CENTER, Defendants. ;;; ;,;'# ;;;;; ;;;'*.;;, ;# ^;;";;;;; For Defendant Montefiore: Kyle Epstein, Esq. For Defendant Glen lsland: No appearance (settled) For Defendant Jopal Bronx: Gonzalo Suarez, Esq. ln accordance with the rules of this Court and pursuant to the Compliance Conference held with Francesca L. Mountain, Principal Law Clerk, on May 3'l,2022, and itappearing that disclosure previously ordered herein has not been completed or that additional disclosure is warranted it is hereby: ORDERED that disclosure shall proceed and be completed as follows: 1. Deposition of plaintiffs daughter, non-party Dominique Lynch, shall be conducted on July 14,2022. 2. Any/All post deposition demands shall be served on or before_July.28,2022; '18, responses to post deposition demands shall be served on or before August 2022. The parties are advised that they have no authority to adjourn court-ordered depositions, nor do they have any authority to enlarge the deposition deadline dates. As to non-party depositions, the parties are advised to timely serve subpoenas. Any failure to subpoena arid/ordepose any non-parties in a timely manner will not delay issuance of a Trial Readiness Order upon the expiration of Standards & Goals. Any subpoenas that need to be so-ordered because they involve records of a department or bureau of a municipal corporation shall be submitted to the Court in compliance with CPLR 2307. Counsel for the parties are cautioned that any failure to strictly adhere to the Court's discovery-todeadlines miy result in a truncated time-frame to complete discovery, nlay qe deemed constitute a ivaiver of any outstanding discovery and will not delay the Court's issuance of a Trial Readiness Order upon the expiration of Standards & Goals. COVID-19 Directives: Due to the COVID-19 heallh emergency, the parties are directed to use bestEffiits to proceed with this action in accordance with the Administrative Orde(s) of the Chief Administrative Judge issued on March 19,2020 and thereafter. Failure to comply herewith shall be grounds to strike pleadings pursuant to CPLR 3126 or grant other relief puisuant to CPLR 3124. Any party failing to appear.at this Compliance Coiference shall be bound by the terms hereof, and disclosure demands not raised at the Compliance Conference are deemed waived. 1 of 2 FILED: WESTCHESTER COUNTY CLERK 06/01/2022 09:49 AM INDEX NO. 64205/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 06/01/2022 The parties shall file to NYSCEF a Trial Readiness Stipulation or appear for a virtual Compliance Conference with Francesca L. Mountain, Principal Law Clerk, on August 23, 2022 at 9:30 a.m., FINAL TO CERTIFY, subject to confirmation by the virtual conference link emailed by this Court. SO ORDERED: Dated: White Plains, New York May 31,2022 Hon. Willia Giacomo, J.S.C. Any inquiries regarding this matter should be directed to the Part Clerk or Principal Law Clerk Francesca L. Mountain. 2 of 2