On May 24, 2017 a
Order
was filed
involving a dispute between
Eunhea Park,
and
Douglas Russell,
Ren Baiqiao,
for Torts - Motor Vehicle
in the District Court of Queens County.
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
Document Filed Date
November 05, 2018
Case Filing Date
May 24, 2017
Category
Torts - Motor Vehicle
Status
Disposed-Court Date/Application Pending
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