Preview
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. No.:
Calendar NO. 34 NOTE OF ISSUE RECEIVED NYSCEF: 01/22/2020
For use of clerk
lndex No.: 521039117
SUPREME COURT, STATE OF NEW YORK
COUNTY OF KINGS
NOTICE FOR TRIAL
NAJAH STEVENS,
tr Trial by jury demanded
tr Of all issues
Plaintiff, tr Of issues specified below
or attached hereto
! Trialwithout jury
-against- Filed by attorney for plaintiff
Date summons serued: 1013112017
Date service completed: 1 1 10812017
Date issue joined: 1211512017
IRT PARTNERSHIP and SDHR MANAGEMENT, LLC,
Defendants
-X
NATURE OF ACTION OR SPECIAL PROCEEDING
tr Tort:
tr Motor vehicle negligence
tr Medical malpractice
tr Other tort
tr Contract
! Contested matrimonial
tr Uncontested matrimonial
tr Tax certiorari
tr Condemnation
EIOther (not itemized above)specify: SLtp AND FALL
tr This action is brought as a class action
tr This is a medical malpractice action: panel procedures
prescribed by court rules pursuant to Jud. $ 148-a.
n have been completed
tr have not been comoleted
Amount demanded: exceeds the jurisdictional limitsof all lower
Courts, together with interest. costs and disbursements.
Other relief:
Special Preference claimed under: Insurance carrier(s), if known:
- Union Mutual Fire Insurance Companv
First Judicial Claim Service
On the ground that p.O. eox 822
East Setauket, Ny 1 1733
THE CASSISI LAW FIRM, P.C. GOLD BENES, LLP
John Cassisi, Esq. Jeff Gold, Esq.
102-08 '101 Avenue
1666 Newbridge Road, 2nd Floor
Ozone Park, NY 11416 Bellmore, NY 1 1710
NoTE: clerk will not accept this note of issue unless accompanied
by a certificate
of readiness,
or, in a medical malpractice action, unless, where applicable,
the
cedificate of readiness previously has been filed and the panel procedures prescribed
by court rules pursuant to
$ 14g-a of the Judiciary Law havebeen
comoleted.
1 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC.
CERTIFICATE NO. 34
OF READINESS FOR TRIAL RECEIVED NYSCEF: 01/22/2020
For Clerk's Use
(ltems 1-7 must be checked)
N.l. served on
Completed Waived Not required
1. All pleadings served X
2. Btll of Pafticulars served
3, Physical examinations completed X
4, Medical repofts exchanged X
5. Appraisal reports exchanged
6. Compliance with the Rules in matrimonial actions X
(22NYCRR 202.16)
7, Discovery proceedings are completed X
8. There are no outstanding requests 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 the Pre-calendar Rules (22 NYCRR 202.12).
11' lf a medical malpractice action, there has been compliance with any order issued pursuant to 22 NyCRR 202.b6.
12, The case is ready for trial.
Dated: Ozone Park, New York
January 22,2020
o.
102-08 101 Avenue
Ozone Park, NY 11416
(718)441-5050
State of New York )
County of Queens ,/ DJ.
.
Emily Gounden,,peils^$uty sworn deposes gl9 says; that deponent is not a party to this action is over 1g years of age and resides
Kings County That on the 22n" day of January, 2020 at
d-eponent served the within NO1E Or ISSUE, CERTIFICATE OF READINESS.
AFFIRMATION OF COMPLTANCE and DEMAND FOR JURy on;
GOLD BENES
1666 Newbridge Road, 2nd Floor
Bellmore, NY 1 1710
the ttorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed
ository under the exclusive care and custody of the United States postal Service wiinin New yoir state
Sivorn to beforetrlte
on January 22,2020
EMILY GOUNDEN L. V l;"
2 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NAJAH STEVENS, AFFIRMATION OF
COMPLIANCE
Plaintiff,
-against-
IRT PARTNERSHIP and sDHR MANAGEMENT, LLc, Index No.: s21039/17
Defendants.
JOHN CASSISI, an attorney duly admitted to practice in the Courls of the State of New
York, does hereby affirm the truth of the following, pursuant to the Civil Practice Law and Rules.
Section 2106:
1. I am a member of THE CASSISI LAW FIRM, P.G., attorneys for the plaintiff in the
above-captioned matter and as such am fully familiar with all the facts and circumstances
surrounding the instant matter.
2' That this Affirmation is submitted in conjunction with the filing of the Note of lssue
and Certificate of Readiness in the above matter.
3. That I certify and affirm that the following discovery proceedings have been
completed, specifically:
(a) All medical and/or hospital records and related HIPAA authorization have
been supplied to defendants;
(b) Plaintiff's deposition and riabirity physical was compreted,
(c) All other Notices for Discovery and Inspection disclosure have been
responded to by the respective parties.
4. All outstanding discovery was completed in accordance with the Final pre-Note
Order annexed hereto as Exhibit "A" with the exception of the defendant's response to plaintiff,s
post deposition demands dated November 22, 2019. In addition, plaintiff is unable to presenly
comply with defendant's discovery demand for the nephew eyewitness's full name and last known
3 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
address. However, plaintiff is continuing to search for the information and defendant,s rights
relative to same are reserved on consent.
5. In light of the foregoing, the above-captioned matter is ready to be placed on the
Trial calendar.
Dated: Ozone Park, New york
January 22,2020
4 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
EXHIBIT A
5 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
INDEX NO. 521039/2011
RECEIVED NYSCEF: 0I/13/2020
At a Note of Issue Finsl ConfersneoFart of the Supreme Courl of the
.,,"" -r li
i-.t-'-;"' State of'New York, treld in and for the Counff of Kings, at lhe
'?iil."j C'ou4house loc Brooklyn, New Yr:rk on the
C4
__-l_*day of 0 A^s
S*k9
4 lo
PRESENT: $-.i{
cAL. No. yt
Plaintifi'(s),
-againsf* FTNAT, PRO-NOT'E ORDNR
V
fff
F"l rNUEx No. 53i p 3f
Defendarrt{s)
-------"-----x
rF
Plaintiffmust *
fite Note of Issue on err trefirre I t "l I Z-A
--. ;
Failure to timely file the Nore of lssue will result bojry,.nlrced u$!on a dispositicln calcndrr after the Note of
Issue due date and may also result in this aetion bas*d on want ofproseoution. pursuant to CPLR $32I 6"
Deposilion of plaintift{s)
: hsid to be helei Q/Q/B:
Deposition r:fdefendurt{s): held
Independenf Medical Ex*m inations
Hxams tu: be completed by '7 and ReporLs to be excha-uged by
"Hlthoilt
$cior Beurt fuprhk
The terms of this order supersede the provisions of ati prior orders.
Pursuant to CFLR 93126, ty comply with this final rder. will result in preclusion, the
strikinp ff a
flpAing anel may be appropriatef^
FCP:
FOR APPEAI{ANCHS ONI-Y ." ?r HON.
Attorney Firm by t-trr Plaintiff(s)
Attomey Finn _ by fcrr Defendant(s)_
Attorney Firm -
by for l)eiendant{s)
6 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------x
NAJAH STEVENS. JURY DEMAND
Plaintiff,
-against-
Index No.: 521039/17
IRT PARTNERSHIP and SDHR MANAGEMENT, LLc,
....._. . ?:'_*.1i.lt__..__..."
SIRS:
PLEASE TAKE NOTICE that the undersigned demands a trial of a jury composed of six (6)
persons in the above entifled action.
Dated: Ozone Park, New york
January 22,2020
, Esq.
for Plaintiffs
-08 101 Avenue
Ozone Park, New York 11416
(718)441-5050
TO: GOLD BENES, LLP
Jeff Gold, Esq.
'1666 Newbridge Road,
2nd Floor
Bellmore, NY 1 1710
(516)512-6333
7 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
STATE OF NEW YORK)
) SS,:
COUNTY OF QUEENS )
l, EMILY GOUNDEN, being sworn, say: I am not a parly to the action, am over
the 18 years of age and reside in Queens, New york,
On the 22nd day of JANUARY, 2020, I served the within, NOTE OF |SSUE,
CERTIFICATE OF READINESS, AFFIRMATION OF COMPLIANCE and DEMAND FOR JURY,
upon the below listed attorneys by depositing a true copy thereof enclosed in a post-
paid wrapper, in an official depository underthe exclusive care and custody of the U,S.
Postal Service within New York State, addressed to the aforesaid person(s) at the last
known address set forth herein below:
GOLD BENES, LLP
Attorneys for the Defendant
1666 Newbridge Road, 2no Floor
Bellmore, NY 1 1710
(516) 512-6333
Sworn to before me on the
day of Ja2uary,2020
NOTARY PUBLIC EMILY GOUND
INDIRA RAMSAMUJH
Notary Public, State of New york
No. 01RA.6i 44948
Qualified in Nassau Countv
Commission Expires OSlO1ll2O '
8 of 9
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020
SUPREME COURT OF THE STATE OF NEIA/YORK
COUNryOF KINGS Index No.: 521039/17
NAJAH STEVENS.
Plaintiff,
- against -
IRT PARTNERSHIP and SDHR-MANAGEMENT. LLC.
Defendants.
NOTE OF ISSUE, CERTIFICATE OF READINESS, AFFIRMATION OF COMPLIANCE
and DEMAND FOR JURY andAFFIDAV|TOFSERV|CE
THE CASSISI U\WFIRM, P.C.
Attorneysfor Plaintiff
10248101 Avenue
Ozone Paft, New Yok 11416
(7181M1-5050
TO:
wihin
Seryice of a copy ofthe isherebvadmitted
Dated:
NOTICE OFENTRY: PLEASE TAKE NOTICE
thatdre widrin is a true mpy of a order entered
in dre office ofd-re Clerk ofdre above Cout on
NOTICEOFSETTLEMENT:
PL"EASETAKENOTICEthatdrewithinpn:posedorderwillbepresentedforsetdementand entyatdre Coutroue on
at 10:00 am. atdre office ofdre
Clerkofthe Partofdris Courtwherc diewidrin describedmotionwas heard
9 of 9
Preview
FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. No.: Calendar NO. 34 NOTE OF ISSUE RECEIVED NYSCEF: 01/22/2020 For use of clerk lndex No.: 521039117 SUPREME COURT, STATE OF NEW YORK COUNTY OF KINGS NOTICE FOR TRIAL NAJAH STEVENS, tr Trial by jury demanded tr Of all issues Plaintiff, tr Of issues specified below or attached hereto ! Trialwithout jury -against- Filed by attorney for plaintiff Date summons serued: 1013112017 Date service completed: 1 1 10812017 Date issue joined: 1211512017 IRT PARTNERSHIP and SDHR MANAGEMENT, LLC, Defendants -X NATURE OF ACTION OR SPECIAL PROCEEDING tr Tort: tr Motor vehicle negligence tr Medical malpractice tr Other tort tr Contract ! Contested matrimonial tr Uncontested matrimonial tr Tax certiorari tr Condemnation EIOther (not itemized above)specify: SLtp AND FALL tr This action is brought as a class action tr This is a medical malpractice action: panel procedures prescribed by court rules pursuant to Jud. $ 148-a. n have been completed tr have not been comoleted Amount demanded: exceeds the jurisdictional limitsof all lower Courts, together with interest. costs and disbursements. Other relief: Special Preference claimed under: Insurance carrier(s), if known: - Union Mutual Fire Insurance Companv First Judicial Claim Service On the ground that p.O. eox 822 East Setauket, Ny 1 1733 THE CASSISI LAW FIRM, P.C. GOLD BENES, LLP John Cassisi, Esq. Jeff Gold, Esq. 102-08 '101 Avenue 1666 Newbridge Road, 2nd Floor Ozone Park, NY 11416 Bellmore, NY 1 1710 NoTE: clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the cedificate of readiness previously has been filed and the panel procedures prescribed by court rules pursuant to $ 14g-a of the Judiciary Law havebeen comoleted. 1 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. CERTIFICATE NO. 34 OF READINESS FOR TRIAL RECEIVED NYSCEF: 01/22/2020 For Clerk's Use (ltems 1-7 must be checked) N.l. served on Completed Waived Not required 1. All pleadings served X 2. Btll of Pafticulars served 3, Physical examinations completed X 4, Medical repofts exchanged X 5. Appraisal reports exchanged 6. Compliance with the Rules in matrimonial actions X (22NYCRR 202.16) 7, Discovery proceedings are completed X 8. There are no outstanding requests 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 the Pre-calendar Rules (22 NYCRR 202.12). 11' lf a medical malpractice action, there has been compliance with any order issued pursuant to 22 NyCRR 202.b6. 12, The case is ready for trial. Dated: Ozone Park, New York January 22,2020 o. 102-08 101 Avenue Ozone Park, NY 11416 (718)441-5050 State of New York ) County of Queens ,/ DJ. . Emily Gounden,,peils^$uty sworn deposes gl9 says; that deponent is not a party to this action is over 1g years of age and resides Kings County That on the 22n" day of January, 2020 at d-eponent served the within NO1E Or ISSUE, CERTIFICATE OF READINESS. AFFIRMATION OF COMPLTANCE and DEMAND FOR JURy on; GOLD BENES 1666 Newbridge Road, 2nd Floor Bellmore, NY 1 1710 the ttorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed ository under the exclusive care and custody of the United States postal Service wiinin New yoir state Sivorn to beforetrlte on January 22,2020 EMILY GOUNDEN L. V l;" 2 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NAJAH STEVENS, AFFIRMATION OF COMPLIANCE Plaintiff, -against- IRT PARTNERSHIP and sDHR MANAGEMENT, LLc, Index No.: s21039/17 Defendants. JOHN CASSISI, an attorney duly admitted to practice in the Courls of the State of New York, does hereby affirm the truth of the following, pursuant to the Civil Practice Law and Rules. Section 2106: 1. I am a member of THE CASSISI LAW FIRM, P.G., attorneys for the plaintiff in the above-captioned matter and as such am fully familiar with all the facts and circumstances surrounding the instant matter. 2' That this Affirmation is submitted in conjunction with the filing of the Note of lssue and Certificate of Readiness in the above matter. 3. That I certify and affirm that the following discovery proceedings have been completed, specifically: (a) All medical and/or hospital records and related HIPAA authorization have been supplied to defendants; (b) Plaintiff's deposition and riabirity physical was compreted, (c) All other Notices for Discovery and Inspection disclosure have been responded to by the respective parties. 4. All outstanding discovery was completed in accordance with the Final pre-Note Order annexed hereto as Exhibit "A" with the exception of the defendant's response to plaintiff,s post deposition demands dated November 22, 2019. In addition, plaintiff is unable to presenly comply with defendant's discovery demand for the nephew eyewitness's full name and last known 3 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 address. However, plaintiff is continuing to search for the information and defendant,s rights relative to same are reserved on consent. 5. In light of the foregoing, the above-captioned matter is ready to be placed on the Trial calendar. Dated: Ozone Park, New york January 22,2020 4 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 EXHIBIT A 5 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 INDEX NO. 521039/2011 RECEIVED NYSCEF: 0I/13/2020 At a Note of Issue Finsl ConfersneoFart of the Supreme Courl of the .,,"" -r li i-.t-'-;"' State of'New York, treld in and for the Counff of Kings, at lhe '?iil."j C'ou4house loc Brooklyn, New Yr:rk on the C4 __-l_*day of 0 A^s S*k9 4 lo PRESENT: $-.i{ cAL. No. yt Plaintifi'(s), -againsf* FTNAT, PRO-NOT'E ORDNR V fff F"l rNUEx No. 53i p 3f Defendarrt{s) -------"-----x rF Plaintiffmust * fite Note of Issue on err trefirre I t "l I Z-A --. ; Failure to timely file the Nore of lssue will result bojry,.nlrced u$!on a dispositicln calcndrr after the Note of Issue due date and may also result in this aetion bas*d on want ofproseoution. pursuant to CPLR $32I 6" Deposilion of plaintift{s) : hsid to be helei Q/Q/B: Deposition r:fdefendurt{s): held Independenf Medical Ex*m inations Hxams tu: be completed by '7 and ReporLs to be excha-uged by "Hlthoilt $cior Beurt fuprhk The terms of this order supersede the provisions of ati prior orders. Pursuant to CFLR 93126, ty comply with this final rder. will result in preclusion, the strikinp ff a flpAing anel may be appropriatef^ FCP: FOR APPEAI{ANCHS ONI-Y ." ?r HON. Attorney Firm by t-trr Plaintiff(s) Attomey Finn _ by fcrr Defendant(s)_ Attorney Firm - by for l)eiendant{s) 6 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------x NAJAH STEVENS. JURY DEMAND Plaintiff, -against- Index No.: 521039/17 IRT PARTNERSHIP and SDHR MANAGEMENT, LLc, ....._. . ?:'_*.1i.lt__..__..." SIRS: PLEASE TAKE NOTICE that the undersigned demands a trial of a jury composed of six (6) persons in the above entifled action. Dated: Ozone Park, New york January 22,2020 , Esq. for Plaintiffs -08 101 Avenue Ozone Park, New York 11416 (718)441-5050 TO: GOLD BENES, LLP Jeff Gold, Esq. '1666 Newbridge Road, 2nd Floor Bellmore, NY 1 1710 (516)512-6333 7 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 STATE OF NEW YORK) ) SS,: COUNTY OF QUEENS ) l, EMILY GOUNDEN, being sworn, say: I am not a parly to the action, am over the 18 years of age and reside in Queens, New york, On the 22nd day of JANUARY, 2020, I served the within, NOTE OF |SSUE, CERTIFICATE OF READINESS, AFFIRMATION OF COMPLIANCE and DEMAND FOR JURY, upon the below listed attorneys by depositing a true copy thereof enclosed in a post- paid wrapper, in an official depository underthe exclusive care and custody of the U,S. Postal Service within New York State, addressed to the aforesaid person(s) at the last known address set forth herein below: GOLD BENES, LLP Attorneys for the Defendant 1666 Newbridge Road, 2no Floor Bellmore, NY 1 1710 (516) 512-6333 Sworn to before me on the day of Ja2uary,2020 NOTARY PUBLIC EMILY GOUND INDIRA RAMSAMUJH Notary Public, State of New york No. 01RA.6i 44948 Qualified in Nassau Countv Commission Expires OSlO1ll2O ' 8 of 9 FILED: KINGS COUNTY CLERK 01/22/2020 06:01 PM INDEX NO. 521039/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/22/2020 SUPREME COURT OF THE STATE OF NEIA/YORK COUNryOF KINGS Index No.: 521039/17 NAJAH STEVENS. Plaintiff, - against - IRT PARTNERSHIP and SDHR-MANAGEMENT. LLC. Defendants. NOTE OF ISSUE, CERTIFICATE OF READINESS, AFFIRMATION OF COMPLIANCE and DEMAND FOR JURY andAFFIDAV|TOFSERV|CE THE CASSISI U\WFIRM, P.C. Attorneysfor Plaintiff 10248101 Avenue Ozone Paft, New Yok 11416 (7181M1-5050 TO: wihin Seryice of a copy ofthe isherebvadmitted Dated: NOTICE OFENTRY: PLEASE TAKE NOTICE thatdre widrin is a true mpy of a order entered in dre office ofd-re Clerk ofdre above Cout on NOTICEOFSETTLEMENT: PL"EASETAKENOTICEthatdrewithinpn:posedorderwillbepresentedforsetdementand entyatdre Coutroue on at 10:00 am. atdre office ofdre Clerkofthe Partofdris Courtwherc diewidrin describedmotionwas heard 9 of 9