Preview
At a term of the Supreme Court of
the State of New York for the
County of Onondaga, held at the
Courthouse in Syracuse, New York
27d'
on the day of March, 2019
Present: Hon. Deborah H. Karalunas
Justice of the Supreme Court
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
BRIAN C. PRUSIK
Plaintiff,
CONDITIONAL ORDER
Index No.: E008588/2018
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants.
This matter comes before this Court on the Notice of Motion of the Defendant, Geddes
Federal Savings and Loan Association ("GFSL"), dated January 22, 2019, seeking an Order for the
following relief: (1) Pursuant to NY CPLR Rule 3124, compelling plaintiff to comply with
defendant GFSL's demands for statements, photographs, and names and addresses of witnesses; and
(2) Pursuant to NY CPLR Rule 3124, compelling plaintiff to comply with defendant GFSL's
Demand for Production of Documents served on October 12, 2018; (3) Pursuant to NY CPLR 3124,
compelling Plaintiff to supply full answers to GFSL's First Set of Interrogatories; and (4) Pursuant
to NY CPLR Rule 3042(c) precluding plaintiff from giving any evidence at trial in support of the
allegations or matters set forth in the complaint, as to which plaintiff has failed to give the Answers
to Interrogatories and Demand for Production of Documents, served on October 12, 2018; and (5)
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For a further order, pursuant to NY CPLR Rule 3126, directing that if plaintiff fails to respond to the
demands set forth above by a date set by this Court, plaintiff shall be precluded from offering any
evidence of same at trial, the issues as to which the information is relevant shall be deemed resolved
for purposes of this action by a judgment in favor of defendant and against and dismissing plaintiffs
complaint; and (6) For such other and further relief as to the Court may seem just and proper; and
Upon the reading and filing of the Affidavit of Daniel F. Mathews, III, Esq., sworn to on
"A" "N"
January 22, 2019 with Exhibits through annexed thereto, in support of the motion of
Defendant GFSL's motion for disclosure and/or to preclude, and the Affidavit of Stephen P. Burke,
"A" "B"
Esq., sworn to on March 13, 2019 with Exhibits and annexed thereto in opposition to the
motion of Defendant GFSL, and the Reply Affidavit of Daniel F. Mathews, III, Esq., sworn to on
March 22, 2019 in further support of Defendant GFSL's motion for disclosure, and the matter
having duly come on to be heard, and Daniel F. Mathews, III, Esq. having appeared on behalf of
GFSL; Stephen P. Burke, Esq. having appeared on behalf of Plaintiff, and Kevin R. VanDuser, Esq.
having appeared on behalf of Liberty Mutual Insurance Group, Inc., it is hereby
ORDERED, that Plaintiff must provide supplemental responses to GFSL's
Interrogatory number 2, which requested: (A) a description of the item; (B) the manufacturer of the
item; (C) where the item was purchased from; (D) the initial purchaser of the item; (E) the date of
the initial purchase of the item; (F) the date that Prusik became the owner of the item; (G) the
purchase price of the item; (H) the value alleged of each item; (I) the condition of the item when
Prusik last observed the same; (J) the location of the item within the premises when Prusik last
observed same; and (K) the date that Prusik last observed same; except that Plaintiff does not need
Geddes' item,"
to respond to requests for "any serial numbers or other identifying feature of the "the
owner,"
actual or "the record owner"; and it is further
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ORDERED, that if Plaintiff is not in possession of the requested information or does not
know the answers to each inquiry, he may state so; and it is further
ORDERED, that Plaintiff shall provide a signed verification of his suppleniental response
to the Interrogatories, and it is further
ORDERED, that Plaintiff shall provide such Answers to Interrogatories within ten days
from the date of entry of this Order, or shall be precluded from offering any evidence of same at
trial.
ENTERED:
Dated: April _, 2019
Syracuse, New York
Hon. Deborah H. Karalunas
Justice of the Supreme Court
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Preview
At a term of the Supreme Court of the State of New York for the County of Onondaga, held at the Courthouse in Syracuse, New York 27d' on the day of March, 2019 Present: Hon. Deborah H. Karalunas Justice of the Supreme Court STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA BRIAN C. PRUSIK Plaintiff, CONDITIONAL ORDER Index No.: E008588/2018 LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. This matter comes before this Court on the Notice of Motion of the Defendant, Geddes Federal Savings and Loan Association ("GFSL"), dated January 22, 2019, seeking an Order for the following relief: (1) Pursuant to NY CPLR Rule 3124, compelling plaintiff to comply with defendant GFSL's demands for statements, photographs, and names and addresses of witnesses; and (2) Pursuant to NY CPLR Rule 3124, compelling plaintiff to comply with defendant GFSL's Demand for Production of Documents served on October 12, 2018; (3) Pursuant to NY CPLR 3124, compelling Plaintiff to supply full answers to GFSL's First Set of Interrogatories; and (4) Pursuant to NY CPLR Rule 3042(c) precluding plaintiff from giving any evidence at trial in support of the allegations or matters set forth in the complaint, as to which plaintiff has failed to give the Answers to Interrogatories and Demand for Production of Documents, served on October 12, 2018; and (5) {7171730: } For a further order, pursuant to NY CPLR Rule 3126, directing that if plaintiff fails to respond to the demands set forth above by a date set by this Court, plaintiff shall be precluded from offering any evidence of same at trial, the issues as to which the information is relevant shall be deemed resolved for purposes of this action by a judgment in favor of defendant and against and dismissing plaintiffs complaint; and (6) For such other and further relief as to the Court may seem just and proper; and Upon the reading and filing of the Affidavit of Daniel F. Mathews, III, Esq., sworn to on "A" "N" January 22, 2019 with Exhibits through annexed thereto, in support of the motion of Defendant GFSL's motion for disclosure and/or to preclude, and the Affidavit of Stephen P. Burke, "A" "B" Esq., sworn to on March 13, 2019 with Exhibits and annexed thereto in opposition to the motion of Defendant GFSL, and the Reply Affidavit of Daniel F. Mathews, III, Esq., sworn to on March 22, 2019 in further support of Defendant GFSL's motion for disclosure, and the matter having duly come on to be heard, and Daniel F. Mathews, III, Esq. having appeared on behalf of GFSL; Stephen P. Burke, Esq. having appeared on behalf of Plaintiff, and Kevin R. VanDuser, Esq. having appeared on behalf of Liberty Mutual Insurance Group, Inc., it is hereby ORDERED, that Plaintiff must provide supplemental responses to GFSL's Interrogatory number 2, which requested: (A) a description of the item; (B) the manufacturer of the item; (C) where the item was purchased from; (D) the initial purchaser of the item; (E) the date of the initial purchase of the item; (F) the date that Prusik became the owner of the item; (G) the purchase price of the item; (H) the value alleged of each item; (I) the condition of the item when Prusik last observed the same; (J) the location of the item within the premises when Prusik last observed same; and (K) the date that Prusik last observed same; except that Plaintiff does not need Geddes' item," to respond to requests for "any serial numbers or other identifying feature of the "the owner," actual or "the record owner"; and it is further {7171730: } 2 ORDERED, that if Plaintiff is not in possession of the requested information or does not know the answers to each inquiry, he may state so; and it is further ORDERED, that Plaintiff shall provide a signed verification of his suppleniental response to the Interrogatories, and it is further ORDERED, that Plaintiff shall provide such Answers to Interrogatories within ten days from the date of entry of this Order, or shall be precluded from offering any evidence of same at trial. ENTERED: Dated: April _, 2019 Syracuse, New York Hon. Deborah H. Karalunas Justice of the Supreme Court (7171730: } 3