On October 04, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Shonique Cason,
and
Cornerstone Manor, Lp,
for Torts - Other Negligence (Slip and Fall)
in the District Court of Erie County.
Preview
(FILED: ERIE COUNTY CLERK 08/22/2021 02:18 PM INDEX NO. 814033/2017
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/22/2021
SUPREME COURT CHAMBERS
STATE OF NEW YORK
Donna M. Siwek
Supreme Court) ustice
50 Delaware Avenue Katherine B. Roach, Confidential Law Clerk
8"Floor, Part 29 kroach@ nycourts.gov
Buffalo, NY 14202 Ann M. Metz, Secretary — ametz@ nycourts.gov
April 22, 2021
Aaron Gorski, Esq. Kelly J. Philips, Esq.
Dolce Firm Manson & McCarthy
1260 Delaware Avenue 726 Exchange Street, Suite 1021
Buffalo, NY 14209 Buffalo, NY 14210
Re: — Cason, Shonique v. Cornerstone Manor, LP
Index No. 814033/2017
DECISION
Dear Counselors:
After reviewing the papers submitted in this matter, the defendant is entitled to a
protective order with respect to the records that were produced by Buffalo City Mission pursuant
to a subpoena dated October 2, 2020 which was not copied to defense counsel. We do not
ascribe an untoward motive to plaintiff’s counsel, as he believed Buffalo City Mission to bea
non-party that was not represented by defense counsel. However, CPLR §2302(a) requires that
a copy of any subpoena duces tecum which is served in a pending civil action must also be
served on each party who has appeared. It would have been preferable for defense counsel to
have responded to plaintiff’s counsel’s email of October 1, 2020 that she represented the Buffalo
City Mission. However, plaintiff’s counsel is not relieved from the obligation of serving a copy
of the City Mission subpoena on counsel for Comerstone. Had the subpoena been served on
defense counsel, she would have had an opportunity to advise plaintiff’s counsel that she
represented Buffalo City Mission and that any requests for records should be directed through
counsel.
Based on the foregoing, defendant’s motion for a protective order is granted. The
foregoing decision does not preclude plaintiff’s counsel from pursuing procedurally appropriate(FILED: ERIE COUNTY CLERK 08/22/2021 02:18 PM INDEX NO. 814033/2017
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/22/2021
Decision April 22, 2021
discovery as it relates to Buffalo City Mission and this case. Counsel is directed to
upload an order that is agreed upon in terms of form and content to NY SCEF.
DONNA M. SIWEK
New Y ork State Supreme Court Justice
Dated: April 22, 2021
Document Filed Date
August 12, 2021
Case Filing Date
October 04, 2017
Category
Torts - Other Negligence (Slip and Fall)
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(FILED: ERIE COUNTY CLERK 08/22/2021 02:18 PM INDEX NO. 814033/2017 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/22/2021 SUPREME COURT CHAMBERS STATE OF NEW YORK Donna M. Siwek Supreme Court) ustice 50 Delaware Avenue Katherine B. Roach, Confidential Law Clerk 8"Floor, Part 29 kroach@ nycourts.gov Buffalo, NY 14202 Ann M. Metz, Secretary — ametz@ nycourts.gov April 22, 2021 Aaron Gorski, Esq. Kelly J. Philips, Esq. Dolce Firm Manson & McCarthy 1260 Delaware Avenue 726 Exchange Street, Suite 1021 Buffalo, NY 14209 Buffalo, NY 14210 Re: — Cason, Shonique v. Cornerstone Manor, LP Index No. 814033/2017 DECISION Dear Counselors: After reviewing the papers submitted in this matter, the defendant is entitled to a protective order with respect to the records that were produced by Buffalo City Mission pursuant to a subpoena dated October 2, 2020 which was not copied to defense counsel. We do not ascribe an untoward motive to plaintiff’s counsel, as he believed Buffalo City Mission to bea non-party that was not represented by defense counsel. However, CPLR §2302(a) requires that a copy of any subpoena duces tecum which is served in a pending civil action must also be served on each party who has appeared. It would have been preferable for defense counsel to have responded to plaintiff’s counsel’s email of October 1, 2020 that she represented the Buffalo City Mission. However, plaintiff’s counsel is not relieved from the obligation of serving a copy of the City Mission subpoena on counsel for Comerstone. Had the subpoena been served on defense counsel, she would have had an opportunity to advise plaintiff’s counsel that she represented Buffalo City Mission and that any requests for records should be directed through counsel. Based on the foregoing, defendant’s motion for a protective order is granted. The foregoing decision does not preclude plaintiff’s counsel from pursuing procedurally appropriate(FILED: ERIE COUNTY CLERK 08/22/2021 02:18 PM INDEX NO. 814033/2017 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/22/2021 Decision April 22, 2021 discovery as it relates to Buffalo City Mission and this case. Counsel is directed to upload an order that is agreed upon in terms of form and content to NY SCEF. DONNA M. SIWEK New Y ork State Supreme Court Justice Dated: April 22, 2021