Preview
FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
NOTE OF ISSUE
Calendar No. ______________ For Use of Clerk
Index No. 155973/2017
SUPREME COURT, NEW YORK COUNTY
IAN MACDONALD, JAMES ROBERTS and HON. ERIKA M. EDWARDS
BETH ANN CASSIDY-ROBERTS, Name of Judge Assigned
Plaintiffs, NOTICE FOR TRIAL
[X] Trial by jury demanded
-against- [X] Of all issues
[] Of issues specified below or attached
TURNER CONSTRUCTION COMPANY and hereto
[ ] Trial without jury
THE NEW YORK AND PRESBYTERIAN
HOSPITAL a.k.a. THE SOCIETY OF THE NEW
Filed by attorney for Plaintiff
YORK HOSPITAL, Date summons served: 06/30/2017
Date service completed: 07/13/2017
Defendants. Date issue joined: 10/04/2017
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TURNER CONSTRUCTION COMPANY and NATURE OF ACTION OR SPECIAL
THE NEW YORK AND PRESBYTERIAN PROCEEDING
HOSPITAL, [] Tort: [ ] Motor Vehicle
Third-Party Plaintiffs, [] Medical Malpractice
[X] Other tort – LABOR LAW
-against- [ ] Contract
[ ] Contested matrimonial
PORT MORRIS TILE & MARBLE CORP., [ ] Uncontested matrimonial
[ ] Tax certiorari
[ ] Condemnation
Third-Party Defendant.
[ ] Other (not itemized above)
----------------------------------------------------------------------X
Specify ___________
PORT MORRIS TILE & MARBLE CORP. [ ] This action is brought as a class action
[ ] This is a medical malpractice action: Panel
Second Third-Party Plaintiff, procedures prescribed by court rules pursuant
to Jud. Sec. 148-a
-against- [ ] have been [ ] have not been completed
TEXRON COMMERCIAL AUTO BODY Amount demanded: Maximum amount allowed by
WORKS, INC., law
Second Third-Party Defendant. Other relief: _________________________________
Insurance carrier(s), if known: National Casualty
Special preference claimed under Section Company
3403(d) on the ground that plaintiff has
sustained serious, severe and protracted injuries.
See attached Rider:
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NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
RIDER:
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, NY 10017
(212) 785-5115
CULLEN and DYKMAN LLP
Attorneys for Defendants
44 Wall Street, 15th Floor
New York, NY 10005
(212) 732-2000
File No.: 5451.26
CASCONE & KLUEPFEL, LLP
Attorneys for Third-Party Defendant
497 Main Street
Farmingdale, NY 11735
(516) 747-1990
File No.: 04499DCSC
LAW OFFICES OF TERRENCE F. KUHN
Attorneys for Second Third-Party Defendant
100 William Street, Suite 920
New York, NY 10038
(212) 553-8700
File No.: Y43L83081-001
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FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
For Clerk’s Use
CERTIFICATE OF READINESS FOR TRIAL N.I. Served
(Items 1-7 must be checked)
Not
Complete Waived Required
1. All pleadings served…………………………………………... X
2. Bill of particulars served………..…………………………..…. X
3. Physical examinations X
completed……………………………….
4. Medical reports X
exchanged……………………………………...
5. Appraisal reports X
exchanged……………………………………
6. Compliance with the Rules in Matrimonial actions X
(22NYCRR 202.16)……………………………………………….
7. Discovery proceedings now known to be necessary 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 Precalendar Rules
(22 NYCRR 202.12)
11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22
NYCRR 202.56.
12. The case is ready for trial.
DATED: New York, New York
December 9, 2021
_________________________________
DUANE R. MORGAN
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th floor
New York, NY 10017
(212) 785-5115
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FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
IAN MACDONALD, JAMES ROBERTS and BETH ANN
AFFIRMATION
CASSIDY-ROBERTS,
OF COMPLIANCE
Plaintiffs, Index No.: 155973/2017
-against-
TURNER CONSTRUCTION COMPANY and THE NEW
YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE
SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
----------------------------------------------------------------------X
TURNER CONSTRUCTION COMPANY and THE NEW
YORK AND PRESBYTERIAN HOSPITAL,
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
----------------------------------------------------------------------X
PORT MORRIS TILE & MARBLE CORP.,
Second Third-Party Plaintiff,
-against-
TEXRON COMMERCIAL AUTO BODY WORKS, INC.,
Second Third-Party Defendant.
----------------------------------------------------------------------X
DUANE R. MORGAN, an attorney admitted to practice before the Courts of this State
affirms the truth of the following under the penalties of perjury:
1. I am a member of the firm MORGAN LEVINE DOLAN, P.C., attorneys for the
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FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
plaintiffs.
2. I am fully familiar with the facts and circumstances of this action.
3. I submit this Affirmation of Compliance with reference to the Note of Issue being
filed herewith.
4. Depositions of all parties have been held.
5. Independent medical examinations of the plaintiff have been held.
6. All discovery has been completed.
7. This matter is otherwise ready for trial.
Dated: New York, New York
December 9, 2021
______________________________________
DUANE R. MORGAN
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FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
DAIDRALYN ENGLISH, being duly sworn, deposes and says:
I am not a party to this action, am over 18 years of age and reside at Bronx, New York.
On the 9th day of December, 2021, I served a true copy of the annexed:
DECISION AND ORDER WITH NOTICE OF ENTRY
by e-filing via NYSEF, addressed to the address of the addressee(s) indicated below, which has
been designated for service by the addressee(s) or, if no such address has been designated, is the
last-known address of the addressee(s):
CULLEN and DYKMAN LLP
44 Wall Street, 15th Floor
New York, NY 10005
CASCONE & KLUEPFEL, LLP
497 Main Street
Farmingdale, NY 11735
LAW OFFICES OF TERRENCE F. KUHN
100 William Street, Suite 920
New York, NY 10038
____________________________________
DAIDRALYN ENGLISH
Sworn to before me this
9th day of December, 2021
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Preview
FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 NOTE OF ISSUE Calendar No. ______________ For Use of Clerk Index No. 155973/2017 SUPREME COURT, NEW YORK COUNTY IAN MACDONALD, JAMES ROBERTS and HON. ERIKA M. EDWARDS BETH ANN CASSIDY-ROBERTS, Name of Judge Assigned Plaintiffs, NOTICE FOR TRIAL [X] Trial by jury demanded -against- [X] Of all issues [] Of issues specified below or attached TURNER CONSTRUCTION COMPANY and hereto [ ] Trial without jury THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW Filed by attorney for Plaintiff YORK HOSPITAL, Date summons served: 06/30/2017 Date service completed: 07/13/2017 Defendants. Date issue joined: 10/04/2017 ----------------------------------------------------------------------X TURNER CONSTRUCTION COMPANY and NATURE OF ACTION OR SPECIAL THE NEW YORK AND PRESBYTERIAN PROCEEDING HOSPITAL, [] Tort: [ ] Motor Vehicle Third-Party Plaintiffs, [] Medical Malpractice [X] Other tort – LABOR LAW -against- [ ] Contract [ ] Contested matrimonial PORT MORRIS TILE & MARBLE CORP., [ ] Uncontested matrimonial [ ] Tax certiorari [ ] Condemnation Third-Party Defendant. [ ] Other (not itemized above) ----------------------------------------------------------------------X Specify ___________ PORT MORRIS TILE & MARBLE CORP. [ ] This action is brought as a class action [ ] This is a medical malpractice action: Panel Second Third-Party Plaintiff, procedures prescribed by court rules pursuant to Jud. Sec. 148-a -against- [ ] have been [ ] have not been completed TEXRON COMMERCIAL AUTO BODY Amount demanded: Maximum amount allowed by WORKS, INC., law Second Third-Party Defendant. Other relief: _________________________________ Insurance carrier(s), if known: National Casualty Special preference claimed under Section Company 3403(d) on the ground that plaintiff has sustained serious, severe and protracted injuries. See attached Rider: 1 of 6 FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 RIDER: MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, NY 10017 (212) 785-5115 CULLEN and DYKMAN LLP Attorneys for Defendants 44 Wall Street, 15th Floor New York, NY 10005 (212) 732-2000 File No.: 5451.26 CASCONE & KLUEPFEL, LLP Attorneys for Third-Party Defendant 497 Main Street Farmingdale, NY 11735 (516) 747-1990 File No.: 04499DCSC LAW OFFICES OF TERRENCE F. KUHN Attorneys for Second Third-Party Defendant 100 William Street, Suite 920 New York, NY 10038 (212) 553-8700 File No.: Y43L83081-001 2 of 6 FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 For Clerk’s Use CERTIFICATE OF READINESS FOR TRIAL N.I. Served (Items 1-7 must be checked) Not Complete Waived Required 1. All pleadings served…………………………………………... X 2. Bill of particulars served………..…………………………..…. X 3. Physical examinations X completed………………………………. 4. Medical reports X exchanged……………………………………... 5. Appraisal reports X exchanged…………………………………… 6. Compliance with the Rules in Matrimonial actions X (22NYCRR 202.16)………………………………………………. 7. Discovery proceedings now known to be necessary 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 Precalendar Rules (22 NYCRR 202.12) 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for trial. DATED: New York, New York December 9, 2021 _________________________________ DUANE R. MORGAN MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th floor New York, NY 10017 (212) 785-5115 3 of 6 FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X IAN MACDONALD, JAMES ROBERTS and BETH ANN AFFIRMATION CASSIDY-ROBERTS, OF COMPLIANCE Plaintiffs, Index No.: 155973/2017 -against- TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. ----------------------------------------------------------------------X TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. ----------------------------------------------------------------------X PORT MORRIS TILE & MARBLE CORP., Second Third-Party Plaintiff, -against- TEXRON COMMERCIAL AUTO BODY WORKS, INC., Second Third-Party Defendant. ----------------------------------------------------------------------X DUANE R. MORGAN, an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalties of perjury: 1. I am a member of the firm MORGAN LEVINE DOLAN, P.C., attorneys for the 4 of 6 FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 plaintiffs. 2. I am fully familiar with the facts and circumstances of this action. 3. I submit this Affirmation of Compliance with reference to the Note of Issue being filed herewith. 4. Depositions of all parties have been held. 5. Independent medical examinations of the plaintiff have been held. 6. All discovery has been completed. 7. This matter is otherwise ready for trial. Dated: New York, New York December 9, 2021 ______________________________________ DUANE R. MORGAN 5 of 6 FILED: NEW YORK COUNTY CLERK 12/09/2021 03:38 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/09/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: DAIDRALYN ENGLISH, being duly sworn, deposes and says: I am not a party to this action, am over 18 years of age and reside at Bronx, New York. On the 9th day of December, 2021, I served a true copy of the annexed: DECISION AND ORDER WITH NOTICE OF ENTRY by e-filing via NYSEF, addressed to the address of the addressee(s) indicated below, which has been designated for service by the addressee(s) or, if no such address has been designated, is the last-known address of the addressee(s): CULLEN and DYKMAN LLP 44 Wall Street, 15th Floor New York, NY 10005 CASCONE & KLUEPFEL, LLP 497 Main Street Farmingdale, NY 11735 LAW OFFICES OF TERRENCE F. KUHN 100 William Street, Suite 920 New York, NY 10038 ____________________________________ DAIDRALYN ENGLISH Sworn to before me this 9th day of December, 2021 6 of 6