Preview
FILED: QUEENS COUNTY CLERK 11/22/2022
12/23/2022 04:07
10:06 PM
AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 123
132 RECEIVED NYSCEF: 11/22/2022
12/23/2022
Sequence 5
At Part 19 of the Supreme Court of the State
of New York, held in and for the County of
12/23/2022 Queens, at the Courthouse, located at 88-11
Sutphin Boulevard, Queens, NY 11435, on
the ____
22 day of December ,2022.
PRESENT
HON. Pam Jackman Brown, , J.S.C.
--------------------------------------------------------------------X
THALIA AGATHOCLEOUS, Index No.: 703721/2018
Plaintiff,
-against- ORDER
TO SHOW CAUSE
795 FIFTH AVENUE CORPORATION d/b/a
THE PIERRE, and IHMS LLC, (Motion In Limine)
Defendants.
---------------------------------------------------------------------X
UPON the annexed affirmation of Gene Novak, Esq., dated November 22, 2022, the
exhibits annexed thereto, and upon all the prior pleadings and proceedings heretofore had herein,
NOW, upon the application in limine of Counsel for the Defendants, 795 FIFTH
AVENUE CORPORATION and IHMS LLC, Gene Novak, Esq., of McMahon, Martine &
Gallagher, LLP,
LET the Plaintiff, or her attorneys appear and SHOW CAUSE before this Court, at IAS
Part 31 thereof, to be held at the Queens County Supreme Court Courthouse, located at 88-11
Sutphin Boulevard, Queens, NY 11435, on the ____ 30th day of Janaury , 2023 at 9:30 O’clock in
via virtual appearance as per the Notice below
the forenoon of that day or as soon thereafter as Counsel may be heard, why the following relief
should not be granted:
(a) precluding the Plaintiff from introducing into evidence at the trial of this
action the X-ray of the plaintiff’s bilateral ribs taken on March 1, 2018,
interpreted by Matthew Diament M.D., performed at Neighborhood
Radiology located at 27-47 Crescent Street, Suite 107, Astoria, NY 11102,
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FILED: QUEENS COUNTY CLERK 11/22/2022
12/23/2022 04:07
10:06 PM
AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 123
132 RECEIVED NYSCEF: 11/22/2022
12/23/2022
since, pursuant to the court orders by Honorable Pam. B. Jackman-Brown
J.S.C dated May 24, 2021 and October 25, 2021, the plaintiff was
precluded from introducing any evidence regarding alleged fracture of the
right posterior eight rib, blunting of a costophrenic angle, pleural fluid;
(b) allowing Dr. Michael J. Carciente, M.D. to appear and testify at the trial
remotely via videoconferencing due to Dr. Carciente’s hearing
impairment; and
(c) for such other and further relief as the Court deems proper and just.
SUFFICIENT cause being alleged therefore, it is now,
ORDERED, that service of a copy of this Order, and the other papers upon which this
order is granted, be made via United States Postal Service Priority Mail upon counsel for Plaintiff,
and NYSCEF
SACCO & FILLAS, LLP at 31-19 Newtown Avenue, 7th Floor, Astoria, NY 11102, on or before
31stday of December, 2022, and that same shall constitute good and proper service hereof.
the ____
NOTICE:
E N T E R:
All appearances before Part 19 will be
held virtually, until further notice.
Movant must submit the required Motion _____________________________________
Submission Form to Part 19 via HON. Pam Jackman Brown , J.S.C.
email: QSCPART19@nycourts.gov
no less than one week prior to the
motion date. The form must include all
contact information for all attorneys or
persons, if not represented. If this is an
application to be relieved, the client’s
contact information must be included
on the form. Upon receipt, Part 19
will send everyone a skype link
which will have the exact date and time
for the motion to be heard either on the
motion date or within the week of the
motion date. If everyone is not notified,
the motion will be adjourned.
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Preview
FILED: QUEENS COUNTY CLERK 11/22/2022 12/23/2022 04:07 10:06 PM AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 123 132 RECEIVED NYSCEF: 11/22/2022 12/23/2022 Sequence 5 At Part 19 of the Supreme Court of the State of New York, held in and for the County of 12/23/2022 Queens, at the Courthouse, located at 88-11 Sutphin Boulevard, Queens, NY 11435, on the ____ 22 day of December ,2022. PRESENT HON. Pam Jackman Brown, , J.S.C. --------------------------------------------------------------------X THALIA AGATHOCLEOUS, Index No.: 703721/2018 Plaintiff, -against- ORDER TO SHOW CAUSE 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, and IHMS LLC, (Motion In Limine) Defendants. ---------------------------------------------------------------------X UPON the annexed affirmation of Gene Novak, Esq., dated November 22, 2022, the exhibits annexed thereto, and upon all the prior pleadings and proceedings heretofore had herein, NOW, upon the application in limine of Counsel for the Defendants, 795 FIFTH AVENUE CORPORATION and IHMS LLC, Gene Novak, Esq., of McMahon, Martine & Gallagher, LLP, LET the Plaintiff, or her attorneys appear and SHOW CAUSE before this Court, at IAS Part 31 thereof, to be held at the Queens County Supreme Court Courthouse, located at 88-11 Sutphin Boulevard, Queens, NY 11435, on the ____ 30th day of Janaury , 2023 at 9:30 O’clock in via virtual appearance as per the Notice below the forenoon of that day or as soon thereafter as Counsel may be heard, why the following relief should not be granted: (a) precluding the Plaintiff from introducing into evidence at the trial of this action the X-ray of the plaintiff’s bilateral ribs taken on March 1, 2018, interpreted by Matthew Diament M.D., performed at Neighborhood Radiology located at 27-47 Crescent Street, Suite 107, Astoria, NY 11102, 1 1 of 2 FILED: QUEENS COUNTY CLERK 11/22/2022 12/23/2022 04:07 10:06 PM AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 123 132 RECEIVED NYSCEF: 11/22/2022 12/23/2022 since, pursuant to the court orders by Honorable Pam. B. Jackman-Brown J.S.C dated May 24, 2021 and October 25, 2021, the plaintiff was precluded from introducing any evidence regarding alleged fracture of the right posterior eight rib, blunting of a costophrenic angle, pleural fluid; (b) allowing Dr. Michael J. Carciente, M.D. to appear and testify at the trial remotely via videoconferencing due to Dr. Carciente’s hearing impairment; and (c) for such other and further relief as the Court deems proper and just. SUFFICIENT cause being alleged therefore, it is now, ORDERED, that service of a copy of this Order, and the other papers upon which this order is granted, be made via United States Postal Service Priority Mail upon counsel for Plaintiff, and NYSCEF SACCO & FILLAS, LLP at 31-19 Newtown Avenue, 7th Floor, Astoria, NY 11102, on or before 31stday of December, 2022, and that same shall constitute good and proper service hereof. the ____ NOTICE: E N T E R: All appearances before Part 19 will be held virtually, until further notice. Movant must submit the required Motion _____________________________________ Submission Form to Part 19 via HON. Pam Jackman Brown , J.S.C. email: QSCPART19@nycourts.gov no less than one week prior to the motion date. The form must include all contact information for all attorneys or persons, if not represented. If this is an application to be relieved, the client’s contact information must be included on the form. Upon receipt, Part 19 will send everyone a skype link which will have the exact date and time for the motion to be heard either on the motion date or within the week of the motion date. If everyone is not notified, the motion will be adjourned. 2 2 of 2