Preview
FILED: NEW YORK COUNTY CLERK 05/31/2022 10:08 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 05/31/2022
For use of Clerk
NOTE OF ISSUE
Calendar No. (ifany)
Index No. 156981/2019
SUPREME Court, NEW YORK County, N.Y.
Hon. Leslie A. Stroth
NEELA Name of Judge assigned
LATCHMAN,
NOTICE FOR TRIAL
Plaintiff, X Trial by jury demanded
X Of allissues
-against- O Of issuesspecified below
or attached hereto
¡ Trialwithout jury
THE CITY OF NEW YORK, PAUL
MARTIN AUER, and AAAA YORK, INC., Filed for Plaintiff
by attorney
Date summons served 08/01/2019
Defendants. Date service completed 08/12/2019
Date issuejoined 09/05/2019
NATURE OF ACTION OR SPECIAL PROCEEDING
O Tort: O Motor vehicle
O Medical malpractice
X Other Neeligence 205-e
O Contract
O Contested matrimonial
¡ Uncontested matrimonial
O Tax certiorari
¡ Condemnation
O Other (not itemized above) specify
O This action is brought as a classaction
O This is a medical malpractice action: panel procedures prescribed by
court rules pursuantto Jud. § I48-a.
O have been completed O have not been completed
Amount demanded an amount in excess of the maximum monetary
jurisdictionof alllower courts with interestcosts and disbursements.
Other relief
Special preference claimed under Special Rules Insurance carrier(s),ifknown: The City of New Yçrk isself-insured
Appellate Division, Second Department
on the ground that the injuriestothe are
plaintiffs serious
and severe and have resulted in permanent and protracted
disability.
Attorney (s)for Plaintiff(s) Neela Latchman
Decolator, Cohen & DiPrisco, LLP
Office& P.O.Address: 1399 Franklin Avenue, Suite 300
Garden City,New York 11530
Phone No.: (516) 742-6575
Attorney (s)for Defendant (s) The City ofNew York Paul Martin Auer & AAAA York, Inc.
Corporation Counsel Gallo, Vitucci, Klar,LLP
Office & P.O. Address: 100 Church Street 100 Crossways Park West, Suite 305
New York, New York 10007 Woodbury, New York 11797
Phone No.: (212) 356-3235 (212) 683-7100
NOTE: Clerk willnot accept thisnote of issueunless accompanied by a certificateofreadiness, or,in a medical malpractice action,
unless, where applicable, the certificateof readiness previously has been filedand the panel procedures prescribed by
court rules pursuant tosection 148-a of the Judiciary Law have been completed.
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FILED: NEW YORK COUNTY CLERK 05/31/2022 10:08 AM INDEX NO. 156981/2019
NYSCEF DOC. NO.
CERTIFICATE20 OF READINESS FOR TRIAL RECEIVED NYSCEF: 05/31/2022
For Clerk's Use
(Items 1-7 must be checked) N.I.served
on
Completed Waived Not required
1. All pleadings served X
2. Billof Particulars served X
3. Physical examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the Rules inmatrimonial actions (22 NYCRR 202.16) X
7. Discovery r ceedin s now known to be necessary completed X
gre fiit E BBts
8. There are no outstanding reports for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to thePrecalendar Rules (22 NYCRR 202.12).
11. Ifa medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56.
12. The case is readyfor trial.
Dated: Garden City,New York
May 31, 2022
Signature - typename below.
Dominic DiPrisco
DECOLATOR, COHEN & DIPRISCO, LLP
Attorney (s)for Plaintiff
Office & P.O. Address 1399 Franklin Avenue, Suite 300
Garden City, New York 11530
State ofNew York, County of ss.: State ofNew York, County of NASSAU ss.:
Leesa Ekezie
being duly sworn, deposes and says; thatdeponent is not a being duly sworn, deposes and says;that deponent is nota
party to theaction, isover 18 years of age and resides at party tothe action, isover 18 years of age and resides at
Queens County, New York
31"
That on the day of 200 That on the day of May 2022
deponent served the within note of issue and certificate
of deponent served the within note of issueand of
certificate
readiness on readiness on Corporation Counsel
Attorney (s)for attorney (s)for Defendant(s) The City ofNew York
herein, at hisofficeat at 100 Church Street New York, New York 10007 and Gallo,
Vitucci, Klar,LLP attorneys for Paul Martin Auer and AAAA York,
Inc.,at 100 Crossways Park West, Suite 305, Woodbury, NY 11797
during his absence from said office the address designated by said attorney (s)for thatpurpose by
(a) by then and there leavinga truecopy of thesame with depositing a truecopy of same enclosed in a postpaidproperly
addressed wrapper, in-apost office-official
depository under
his clerk;partner;person having charge of said office. the exclusive care and custody of theUnited S e Postal Service
(b) and saidofficebeing closed,by depositing atrue copy of within New York State. ,
same, enclosed ina sealed wrapper directed tosaid attorney (s), a ezie
in theoffice letter
drop orbox,
Sworn to before me on 200 Sworn to before me on May 31, 022 NEIL L. COHEN
NOTARY PUBLIC, STATE OF NEW YORK
Admission of Service Due service of a noteof issue and certificateof of wh h thdtagintntieth CO4859433
readiness,
Qualifiedin Su olkCounty
admitted , 200
CommissNn Ex$trenAPK % 2 b JU26
Attorney (s)for
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Preview
FILED: NEW YORK COUNTY CLERK 05/31/2022 10:08 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 05/31/2022 For use of Clerk NOTE OF ISSUE Calendar No. (ifany) Index No. 156981/2019 SUPREME Court, NEW YORK County, N.Y. Hon. Leslie A. Stroth NEELA Name of Judge assigned LATCHMAN, NOTICE FOR TRIAL Plaintiff, X Trial by jury demanded X Of allissues -against- O Of issuesspecified below or attached hereto ¡ Trialwithout jury THE CITY OF NEW YORK, PAUL MARTIN AUER, and AAAA YORK, INC., Filed for Plaintiff by attorney Date summons served 08/01/2019 Defendants. Date service completed 08/12/2019 Date issuejoined 09/05/2019 NATURE OF ACTION OR SPECIAL PROCEEDING O Tort: O Motor vehicle O Medical malpractice X Other Neeligence 205-e O Contract O Contested matrimonial ¡ Uncontested matrimonial O Tax certiorari ¡ Condemnation O Other (not itemized above) specify O This action is brought as a classaction O This is a medical malpractice action: panel procedures prescribed by court rules pursuantto Jud. § I48-a. O have been completed O have not been completed Amount demanded an amount in excess of the maximum monetary jurisdictionof alllower courts with interestcosts and disbursements. Other relief Special preference claimed under Special Rules Insurance carrier(s),ifknown: The City of New Yçrk isself-insured Appellate Division, Second Department on the ground that the injuriestothe are plaintiffs serious and severe and have resulted in permanent and protracted disability. Attorney (s)for Plaintiff(s) Neela Latchman Decolator, Cohen & DiPrisco, LLP Office& P.O.Address: 1399 Franklin Avenue, Suite 300 Garden City,New York 11530 Phone No.: (516) 742-6575 Attorney (s)for Defendant (s) The City ofNew York Paul Martin Auer & AAAA York, Inc. Corporation Counsel Gallo, Vitucci, Klar,LLP Office & P.O. Address: 100 Church Street 100 Crossways Park West, Suite 305 New York, New York 10007 Woodbury, New York 11797 Phone No.: (212) 356-3235 (212) 683-7100 NOTE: Clerk willnot accept thisnote of issueunless accompanied by a certificateofreadiness, or,in a medical malpractice action, unless, where applicable, the certificateof readiness previously has been filedand the panel procedures prescribed by court rules pursuant tosection 148-a of the Judiciary Law have been completed. 1 of 2 FILED: NEW YORK COUNTY CLERK 05/31/2022 10:08 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. CERTIFICATE20 OF READINESS FOR TRIAL RECEIVED NYSCEF: 05/31/2022 For Clerk's Use (Items 1-7 must be checked) N.I.served on Completed Waived Not required 1. All pleadings served X 2. Billof Particulars served X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules inmatrimonial actions (22 NYCRR 202.16) X 7. Discovery r ceedin s now known to be necessary completed X gre fiit E BBts 8. There are no outstanding reports for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to thePrecalendar Rules (22 NYCRR 202.12). 11. Ifa medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is readyfor trial. Dated: Garden City,New York May 31, 2022 Signature - typename below. Dominic DiPrisco DECOLATOR, COHEN & DIPRISCO, LLP Attorney (s)for Plaintiff Office & P.O. Address 1399 Franklin Avenue, Suite 300 Garden City, New York 11530 State ofNew York, County of ss.: State ofNew York, County of NASSAU ss.: Leesa Ekezie being duly sworn, deposes and says; thatdeponent is not a being duly sworn, deposes and says;that deponent is nota party to theaction, isover 18 years of age and resides at party tothe action, isover 18 years of age and resides at Queens County, New York 31" That on the day of 200 That on the day of May 2022 deponent served the within note of issue and certificate of deponent served the within note of issueand of certificate readiness on readiness on Corporation Counsel Attorney (s)for attorney (s)for Defendant(s) The City ofNew York herein, at hisofficeat at 100 Church Street New York, New York 10007 and Gallo, Vitucci, Klar,LLP attorneys for Paul Martin Auer and AAAA York, Inc.,at 100 Crossways Park West, Suite 305, Woodbury, NY 11797 during his absence from said office the address designated by said attorney (s)for thatpurpose by (a) by then and there leavinga truecopy of thesame with depositing a truecopy of same enclosed in a postpaidproperly addressed wrapper, in-apost office-official depository under his clerk;partner;person having charge of said office. the exclusive care and custody of theUnited S e Postal Service (b) and saidofficebeing closed,by depositing atrue copy of within New York State. , same, enclosed ina sealed wrapper directed tosaid attorney (s), a ezie in theoffice letter drop orbox, Sworn to before me on 200 Sworn to before me on May 31, 022 NEIL L. COHEN NOTARY PUBLIC, STATE OF NEW YORK Admission of Service Due service of a noteof issue and certificateof of wh h thdtagintntieth CO4859433 readiness, Qualifiedin Su olkCounty admitted , 200 CommissNn Ex$trenAPK % 2 b JU26 Attorney (s)for 2 of 2