On July 12, 2020 a
Clerk Notice
was filed
involving a dispute between
Ray Jackson,
and
Van Blarcom Closures, Inc.,
for Torts - Other Negligence (Personal Injury)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 02/03/2023
Weber
Gallagher
1500 Broadway, Suite 2401 t(929) 342-6000
New York, NY 10036 f(929) 342-6001
February 3, 2023
Via Regular Mail: - lhuttner@subinlaw.com Direct Dial: (646) 585-7155
Email: jlynchz@wglaw.com
Lee M. Huttner, Esq.
Subin Associates LLP
150 Broadway - 23rd Floor
New York, NY 10038
Re: RAY JACKSON v. VAN BLARCOM CLOSURES INC.,
Index No.: 512150/2020
DOA: 07/30/2019
Our File No.: 0115410
Dear Counselors:
On behalf of Defendant Van Blarcom Closures Inc., and pursuant to the Court’s Order, it is
our position that Plaintiffs Complaint should properly be dismissed or that Plaintiff should at the
very least be precluded from offering testimony or evidence regarding his alleged spinal injuries.
Thus, the February 15, 2023, Physical Examination with Dr. Kuflik is canceled, and we will await
a decision from the court on our motion before proceeding with further discovery.
Should you have any questions, please do not hesitate to contact the undersigned.
JLL/dmm
Weber Gallagher Simpson Stapleton Fires & Newby LLP | www.wglaw.com
1 of 4
FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020
IFILED:.
NYSCEF KINGS
DOC. NO. 82 COUNTY CLERK 12/14/2022] RECEIVED NO. 512150/2020
INDEXNYSCEF: 02/03/2023
NYSCEFkDOC. NO. 61 RECEIVED NYSCEF: 12/19/2022
At a Centralized Compliance Part of the
Supreme Court of tbe State of New York, held
in and for the County of Kings, at the
Courthouse, located at Civic Center. Borough
of Brooklyn, City and State of New York, on tbe
8 day of December , 2022
PRESENT:
HON. LAWRENCE KN I PEL
CAL. NO. 3j
Justice/JHO
RAY JACKSON, FNDEX NO. 512150/2020
Plaintifffs),
-against- CONSENT
VAN BLARCOM CLOSURES ON DEF. ORDER ORDE R
INC.,
AFTER ORAL ARG’ IT
Defendant(s)
------------------------------------------- x Papers Numbered
The following papers number 1 to read on this motion
Notice of Motion-Order to Show Cause
and Affidavits (Affinnatipns) Annexed_____________________
Answering Affidavit (Affirmation)
Reply Affidavit (Affirmation)
A moavit (A ffirmati on)___________________________________
Pleadings-Exhibits ____________________________
Stipulations-Minutes
Fi led Papers __
Defendants' motion to compel/preclude and additional reargue the prior motion resulting in the order dated
September 26, 2022, is decided as follows:
1) Plaintiff shall appear for designate IME(s) on or before January 20, 2023. Failure to comply with this order will
result in plaintiff being precluded from offering evidence, testifying at trial, or submitting an affidavit in response to
any dispositive motion, upon further motion for same, pursuant to CPLR 3126 (2).
2) The branched of the motion seeking payment of a no show fee is and to dismiss pursuant to CPLR 3126 are
denied at this time.
3) On or before January 20, 2023, plaintiff shall provide the last known address for nonparty- witness Christina
Abreu.
4) Defendant's motion to reargue pursuant to CPLR 2221 is granted to the extent that plaintiff shall provide
authorizations for all medical providers that treated for his previous injury to the hand and back. To the extent that
ENTER:
z For Clerk’s Use Only
MG ^^^£1 Retracked:
MDI I O Standard see
Motion Seq. #4^0'Z*- O Complex
J.S.CJJ.H.O.
PRINT FIRM NAME SIGNATURE
r~T
ATTORNEY FIRM_ _by FOR PLA1NTIFF(S) FO
ATTORNEY FIRM by FOR DEFENDANT(S)— ~~
-------------------------------------- ^*5
~
ATTORNEY FIRM ___________ by FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT'S)o
ATTORNEY FIRM by FOR DEFENDANTS)
o
CAS-rev 09-2014
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2 of 4
FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020
INDEX NO. 512150/2020
[FILEDKINGS
NYSCEF DOC. NO. 82 COUNTY CLERK 12/14/2022| RECEIVED NYSCEF: 02/03/2023
nyscef'doc. NO. 61 RECEIVED NYSCEF: 12/19/2022
PAGE 2 OP 2
512150/2020 12/08/2022
INDEX# DATE
JACKSON VAN BLARCOM
PLAINTIFF vs DEFENDANT closures inc..
plaintiff received the treatment for the hand/back was received in a correctional facility, plaintiff shall provide authorizations fcr
medical records for treatment for the hand/back for that facility.
The court denies defendant's request for plaintiff to formally waive the right to pursue the "loss of enjoyment of life" claim and
waive the right to request jury instructions, as it was first raised in the reply affirmation.
Any relief not expressly granted herein, has been considered and is denied at this time
PAGE 3ct5P 2 HON. LAWRENCE KNIPEL
SUPREME COURT JUSTICE
2 of 2
3 of 4
FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 02/03/2023
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Karen Lopez, being duly sworn, deposes and says that:
I am not a party to the action, I am over 18 years of age and I reside in the State of New
York.
On the 3rd day of February, 2023, I served a true copy of the annexed GOOD FAITH
LETTER ENCLOSING COURT ORDER DATED DECEMBER 8, 2022 upon the said party
below by US Mail 1st Class and Email:
VIA US MAIL 1st CLASS and Email
Lee M. Huttner
Subin Assocuiates LLP
150 Broadway, 23rd Floor
New York, New York 10038
lhuttner@subinlaw.com
Karen Lopez
Sworn to befbre me this
3rd dav .pfFebrtiaiw^oS
.ary^O23
/ ^^Nbtary Public
/Z<-^TEVEN D. FOCERI
Kotary Public, State of New York
No. 01F06347210
Qualified in Queens County Qc/
Commission Expires August 19, 20 â– < (
4 of 4
Document Filed Date
February 03, 2023
Case Filing Date
July 12, 2020
Category
Torts - Other Negligence (Personal Injury)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 02/03/2023 Weber Gallagher 1500 Broadway, Suite 2401 t(929) 342-6000 New York, NY 10036 f(929) 342-6001 February 3, 2023 Via Regular Mail: - lhuttner@subinlaw.com Direct Dial: (646) 585-7155 Email: jlynchz@wglaw.com Lee M. Huttner, Esq. Subin Associates LLP 150 Broadway - 23rd Floor New York, NY 10038 Re: RAY JACKSON v. VAN BLARCOM CLOSURES INC., Index No.: 512150/2020 DOA: 07/30/2019 Our File No.: 0115410 Dear Counselors: On behalf of Defendant Van Blarcom Closures Inc., and pursuant to the Court’s Order, it is our position that Plaintiffs Complaint should properly be dismissed or that Plaintiff should at the very least be precluded from offering testimony or evidence regarding his alleged spinal injuries. Thus, the February 15, 2023, Physical Examination with Dr. Kuflik is canceled, and we will await a decision from the court on our motion before proceeding with further discovery. Should you have any questions, please do not hesitate to contact the undersigned. JLL/dmm Weber Gallagher Simpson Stapleton Fires & Newby LLP | www.wglaw.com 1 of 4 FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020 IFILED:. NYSCEF KINGS DOC. NO. 82 COUNTY CLERK 12/14/2022] RECEIVED NO. 512150/2020 INDEXNYSCEF: 02/03/2023 NYSCEFkDOC. NO. 61 RECEIVED NYSCEF: 12/19/2022 At a Centralized Compliance Part of the Supreme Court of tbe State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center. Borough of Brooklyn, City and State of New York, on tbe 8 day of December , 2022 PRESENT: HON. LAWRENCE KN I PEL CAL. NO. 3j Justice/JHO RAY JACKSON, FNDEX NO. 512150/2020 Plaintifffs), -against- CONSENT VAN BLARCOM CLOSURES ON DEF. ORDER ORDE R INC., AFTER ORAL ARG’ IT Defendant(s) ------------------------------------------- x Papers Numbered The following papers number 1 to read on this motion Notice of Motion-Order to Show Cause and Affidavits (Affinnatipns) Annexed_____________________ Answering Affidavit (Affirmation) Reply Affidavit (Affirmation) A moavit (A ffirmati on)___________________________________ Pleadings-Exhibits ____________________________ Stipulations-Minutes Fi led Papers __ Defendants' motion to compel/preclude and additional reargue the prior motion resulting in the order dated September 26, 2022, is decided as follows: 1) Plaintiff shall appear for designate IME(s) on or before January 20, 2023. Failure to comply with this order will result in plaintiff being precluded from offering evidence, testifying at trial, or submitting an affidavit in response to any dispositive motion, upon further motion for same, pursuant to CPLR 3126 (2). 2) The branched of the motion seeking payment of a no show fee is and to dismiss pursuant to CPLR 3126 are denied at this time. 3) On or before January 20, 2023, plaintiff shall provide the last known address for nonparty- witness Christina Abreu. 4) Defendant's motion to reargue pursuant to CPLR 2221 is granted to the extent that plaintiff shall provide authorizations for all medical providers that treated for his previous injury to the hand and back. To the extent that ENTER: z For Clerk’s Use Only MG ^^^£1 Retracked: MDI I O Standard see Motion Seq. #4^0'Z*- O Complex J.S.CJJ.H.O. PRINT FIRM NAME SIGNATURE r~T ATTORNEY FIRM_ _by FOR PLA1NTIFF(S) FO ATTORNEY FIRM by FOR DEFENDANT(S)— ~~ -------------------------------------- ^*5 ~ ATTORNEY FIRM ___________ by FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT'S)o ATTORNEY FIRM by FOR DEFENDANTS) o CAS-rev 09-2014 1 of 2 2 of 4 FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020 INDEX NO. 512150/2020 [FILEDKINGS NYSCEF DOC. NO. 82 COUNTY CLERK 12/14/2022| RECEIVED NYSCEF: 02/03/2023 nyscef'doc. NO. 61 RECEIVED NYSCEF: 12/19/2022 PAGE 2 OP 2 512150/2020 12/08/2022 INDEX# DATE JACKSON VAN BLARCOM PLAINTIFF vs DEFENDANT closures inc.. plaintiff received the treatment for the hand/back was received in a correctional facility, plaintiff shall provide authorizations fcr medical records for treatment for the hand/back for that facility. The court denies defendant's request for plaintiff to formally waive the right to pursue the "loss of enjoyment of life" claim and waive the right to request jury instructions, as it was first raised in the reply affirmation. Any relief not expressly granted herein, has been considered and is denied at this time PAGE 3ct5P 2 HON. LAWRENCE KNIPEL SUPREME COURT JUSTICE 2 of 2 3 of 4 FILED: KINGS COUNTY CLERK 02/03/2023 12:34 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 02/03/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Karen Lopez, being duly sworn, deposes and says that: I am not a party to the action, I am over 18 years of age and I reside in the State of New York. On the 3rd day of February, 2023, I served a true copy of the annexed GOOD FAITH LETTER ENCLOSING COURT ORDER DATED DECEMBER 8, 2022 upon the said party below by US Mail 1st Class and Email: VIA US MAIL 1st CLASS and Email Lee M. Huttner Subin Assocuiates LLP 150 Broadway, 23rd Floor New York, New York 10038 lhuttner@subinlaw.com Karen Lopez Sworn to befbre me this 3rd dav .pfFebrtiaiw^oS .ary^O23 / ^^Nbtary Public /Z<-^TEVEN D. FOCERI Kotary Public, State of New York No. 01F06347210 Qualified in Queens County Qc/ Commission Expires August 19, 20 ■< ( 4 of 4