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  • Eunhea Park v. Douglas Russell, Ren Baiqiao Torts - Motor Vehicle document preview
  • Eunhea Park v. Douglas Russell, Ren Baiqiao Torts - Motor Vehicle document preview
						
                                

Preview

FILED: QUEENS COUNTY CLERK 11/05/2018 10:27 AM INDEX NO. 707141/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/05/2018 NEW YORK SUPREME COURT - COUNTY OF QUEENS LAS PART 19 Present: Hon. Pam Jackman Brown, JSC X Index No. 707141/2017 EUNHEA PARK, Motion Date: 6/18/18 Plaintiff, Cal. No. 33 -against- Mot. Seq. No.: 1 DOUGLAS RUSSELL and REN BAIQIAO, Defendants X Recitation, as required by CPLR § 22 19(a), of the following papers e-file numbered 10 to 19 and 22 read on this motion by Defendant Douglas Russell for an Order pursuant to CPLR § 3212 and § 3216, granting summary judgment to Defendant Douglas Russell dismissing the Plaintiff's complaint in the above captioned action upon the ground that the Plaintiff has unreasonably violated this Court's Orders and is now precluded from presenting any evidence at trial for failing to provide timely or complete responses to Defendant's demand for a Verified Bill of Particulars, and Defendant's discovery demands. PAPERS E FILE NUMBERED Papers Exhibits Notice of Motion - Exhibits and Affidavits Annexed 10 I I -19 Substitution of Attorney 22 Upon the papers listed above, this Notice of Motion is hereby decided in accordance with this Decision/Order. This is an action to recover damages for personal injuries alleged sustained by Plaintiff as a result of a motor vehicle accident on July 28, 2016. Plaintiff commenced the instant proceeding with the filing of a summons and complaint on May 24, 2017. A Preliminary Conference and Compliance Conference was held on September 26, 2017 and April 11, 2018, respectively. Pursuant to the Compliance Conference Order, dated April 11, 2018, Plaintiff is directed to serve and file a Note of Issue and Certificate of Readiness on or before December 7, 2018. Now, upon motion, Defendant Douglas Russell seeks an Order pursuant to CPLR 1 of 2 FILED: QUEENS COUNTY CLERK 11/05/2018 10:27 AM INDEX NO. 707141/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/05/2018 § 3212 and § 3126, granting summary judgment to Defendant Douglas (hereinafter "Defendant") dismissing the Plaintiff's complaint on the ground that the Plaintiff violated this Court's Order and is precluded from presenting evidence at trial for failing to provide timely complete responses to Defendant's demand for a Verified Bill of Particulars or demands for discovery. There is no opposition to the application. Here, it is undisputed that Plaintiff failed to comply with the Preliminary Conference Order and Compliance Conference Order. The Compliance Conference Order, dated April 11,2018, directed Plaintiff to provide a Bill of Particulars and respond to Defendant's discovery demands within thirty (30) days of the date of the Compliance Conference Order. Notably, on October 9,2018, while this application was subjudice, a Notice of Substitution of Counsel, dated October 9, 2018, was filed with the Court, reflecting that Plaintiff retained new counsel. Accordingly, Defendant's application is granted to the extent that Plaintiff is directed to provide a Bill of Particulars and respond to Defendant's discovery demands within thirty (30) days of the date of this Order with Notice of Entry. Upon Plaintiffs failure to provide a Bill of Particulars and provide a complete response to Defendant's combined discovery demands within thirty (30) days of the date of this Order with Notice of Entry, Plaintiff shall be precluded from presenting evidence and testifying at trial. It is hereby ORDERED that, pursuant to CPLR § 3126, upon Plaintiffs failure to provide a Bill of Particulars and provide a complete response to Defendant's combined discovery demands within thirty (30) days of the date of this Order with Notice of Entry, Plaintiff shall be precluded from offering any testimony or documents with respect to Plaintiff's claims. Dated: Octobern, 2018 Jamaica, NY Page 2 of 2 2 of 2