Preview
FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF KINGS
INDEX NO.: 519726/2018
MARTHE MILIUS,
Plaintiff,
-against-
NOTICE OF ENTRY
ISABELLE CHARLES,
Defendants.
SIRS/MADAM:
PLEASE TAKE NOTICE that the within is a true copy of an order signed by the Honorable
Plaintiffs'
Judge Lawrence Knipel, dated March 1, 2022 for the Motion to Strike duly entered by
the Clerk of the Court and received by NYSCEF on March 7, 2022.
Dated: March 8, 2022
New York, New York
Yours tru
Mark J.
Linder, ESq.
MARK J. LINDER ESQ.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
MARTHE MILIUS
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665
TO: SILVERMAN, SHIN & BYRNE, PLLC
Attorney(s)for Defendant(s)
ISABELLE CHARLES
Wall Street Plaza
22nd
88 Pine Street, PlOOr
New York, New York 10005
(212) 779-8600
1 of 4
FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018
FILED DOC.
NYSCEF : KINGS
NO. 39 COUNTY CLERK INDEXNYSCEF:
RECEIVED NO. 51972 6 /2018
03/08/2022
7 2 :
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03 /07 /2022
' "-
t a Cen slized fazine Part of the
D' preme urto tate of New York, beld
in f 3 - the
2.oc - 36 in and for
risonse,
Cau
ted ,
of Kim
ivie
at the
,to soro,
roo]dyn, and tate New oric, o be
Xday of March .201
PRESENT:
HON. LAWRENCE KNIPEL
CAL. NO. 33
Justice/JHO
MAREE MILIUS'
PlaintfMs), TNDEX NO. 519726/2018
-againer,-
ONSENT
(SADiiLLE CHARLES, N DEF ORDER ORDER
FTER ORAL ARG
Defbndant(s)
----X
The followin pa ers number 1 o read on tMs motion Papers Ntanibered
Noti f Mo ion- rder to Show use
r A da A a n)
Af davit (Aff ation) ,,
A avit (Affirrnation) r
St p at ns in tes .
Filed Papers
Plaintiffs motion seeking an order striking defendanrs answer, or, in the alternative,
compelling defendant to
release an unredacted transerlpt of her 11/2/2013 Interview with her insurer in the premise
liability case is granted
to the extent that defendatit shal( provide an unredacted transcript of the I 1/2/2012 by 4/15/2022.
The burden ofproving that a statement is privileged as material prepared solely in anticipation of litigation or trial
is on the party opposing discovery (Sigelskis v Washington Oroup. LLC, 46 AD3d 800 [2d Dept 2007]).
Moreover, when statements are given to a liability insurer's claims department es part of an internal itivestigation or
for internet business purposes, as well as for defense purposes, they are not immune frotn discovery as material
prepared solely in anticipation of litigation (ld.). Fiere, defendants attorney failed to demonstrate thal the insurer's
interview with the insured was not prepared in the regular course of business, but was prepared
solely h1
anticipation of litigation. Balance of plaintiffs motion, if any, is denied.
F
MG . racked:
MD O Standard
Motion Seq. 3001 Ocomplex .
HON,
PRINT FIRM NAME BiGNATURE LAWRENCE KMPEC
E COURT
ATTORNEY FIRfut by POR Fl,Al JUSTICE
ATTORNSY FIRM by FOR DEFENDANŠ S)
ATTORNEY FIRM by FOR DEFlplDANT[S)
Atr0RNEY FtRM by FOR DEFENDANT(S)
ATTORNEY FIRM by FOR DEFENDANT(S)
CAS.,mv.09-2014
1 of 1
2 of 4
FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022
Index No: 519726/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
MARTHE MILIUS,
Plaintiff(s),
-against-
ISABELLE CHARLES,
Defendant(s).
NOTICE OF ENTRY
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney for Plaintiff(s)
3 PARK AVENUE
23RD
FLOOR
NEW YORK, NY 10016
Phone: (212) 732-3665 Fax: (212) 732-1462
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
NOTICE OF that the within is a (certified) true copy of an Order
ENTRY entered in the office of the clerk of the within named Court
on 20 .
NOTICE OF that an Order of which the within is a true copy will be presented
SETTLEMENT or settlement to the Hon. , one of the judges of the within
named Court at , on 20 .
HARMON, LINDER & ROGOWSKY
23"I
3 Park Avenue, Floor
New York, NY 10016
3 of 4
FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
Cristina Quijada being sworn says: I am not a party to the action, am over 18 years of age and
reside at New York, NY. On March 8, 2022 I served a true copy of the annexed in the
following manner:
NOTICE OF ENTRY
SERVICE BY MAIL XXX
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or
official depository of the U.S. Postal Service within the State of New York, addressed to the last
known address of the addressee(s) as indicated below:
TO: SILVERMAN, SHIN & BYRNE, PLLC
Attorney(s)for Defendant(s)
ISABELLE CHARLES
Wall Street Plaza
22nd
88 Pine Street, PlOOr
New York, New York 10005
(212) 779-8600
Cristina Quijada
Sworn to before me this
8th
day of March 2022
Notary Public
ASTOLFO CABRERA York
State Of New
Notary Public,
01CA5084163
No.
County
Qualified in Queens
12, 2025
Commission Expires Nov.
4 of 4
Preview
FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 519726/2018 MARTHE MILIUS, Plaintiff, -against- NOTICE OF ENTRY ISABELLE CHARLES, Defendants. SIRS/MADAM: PLEASE TAKE NOTICE that the within is a true copy of an order signed by the Honorable Plaintiffs' Judge Lawrence Knipel, dated March 1, 2022 for the Motion to Strike duly entered by the Clerk of the Court and received by NYSCEF on March 7, 2022. Dated: March 8, 2022 New York, New York Yours tru Mark J. Linder, ESq. MARK J. LINDER ESQ. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff MARTHE MILIUS 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 TO: SILVERMAN, SHIN & BYRNE, PLLC Attorney(s)for Defendant(s) ISABELLE CHARLES Wall Street Plaza 22nd 88 Pine Street, PlOOr New York, New York 10005 (212) 779-8600 1 of 4 FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018 FILED DOC. NYSCEF : KINGS NO. 39 COUNTY CLERK INDEXNYSCEF: RECEIVED NO. 51972 6 /2018 03/08/2022 7 2 : NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03 /07 /2022 ' "- t a Cen slized fazine Part of the D' preme urto tate of New York, beld in f 3 - the 2.oc - 36 in and for risonse, Cau ted , of Kim ivie at the ,to soro, roo]dyn, and tate New oric, o be Xday of March .201 PRESENT: HON. LAWRENCE KNIPEL CAL. NO. 33 Justice/JHO MAREE MILIUS' PlaintfMs), TNDEX NO. 519726/2018 -againer,- ONSENT (SADiiLLE CHARLES, N DEF ORDER ORDER FTER ORAL ARG Defbndant(s) ----X The followin pa ers number 1 o read on tMs motion Papers Ntanibered Noti f Mo ion- rder to Show use r A da A a n) Af davit (Aff ation) ,, A avit (Affirrnation) r St p at ns in tes . Filed Papers Plaintiffs motion seeking an order striking defendanrs answer, or, in the alternative, compelling defendant to release an unredacted transerlpt of her 11/2/2013 Interview with her insurer in the premise liability case is granted to the extent that defendatit shal( provide an unredacted transcript of the I 1/2/2012 by 4/15/2022. The burden ofproving that a statement is privileged as material prepared solely in anticipation of litigation or trial is on the party opposing discovery (Sigelskis v Washington Oroup. LLC, 46 AD3d 800 [2d Dept 2007]). Moreover, when statements are given to a liability insurer's claims department es part of an internal itivestigation or for internet business purposes, as well as for defense purposes, they are not immune frotn discovery as material prepared solely in anticipation of litigation (ld.). Fiere, defendants attorney failed to demonstrate thal the insurer's interview with the insured was not prepared in the regular course of business, but was prepared solely h1 anticipation of litigation. Balance of plaintiffs motion, if any, is denied. F MG . racked: MD O Standard Motion Seq. 3001 Ocomplex . HON, PRINT FIRM NAME BiGNATURE LAWRENCE KMPEC E COURT ATTORNEY FIRfut by POR Fl,Al JUSTICE ATTORNSY FIRM by FOR DEFENDANŠ S) ATTORNEY FIRM by FOR DEFlplDANT[S) Atr0RNEY FtRM by FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT(S) CAS.,mv.09-2014 1 of 1 2 of 4 FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022 Index No: 519726/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MARTHE MILIUS, Plaintiff(s), -against- ISABELLE CHARLES, Defendant(s). NOTICE OF ENTRY HARMON, LINDER & ROGOWSKY, ESQS. Attorney for Plaintiff(s) 3 PARK AVENUE 23RD FLOOR NEW YORK, NY 10016 Phone: (212) 732-3665 Fax: (212) 732-1462 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE NOTICE OF that the within is a (certified) true copy of an Order ENTRY entered in the office of the clerk of the within named Court on 20 . NOTICE OF that an Order of which the within is a true copy will be presented SETTLEMENT or settlement to the Hon. , one of the judges of the within named Court at , on 20 . HARMON, LINDER & ROGOWSKY 23"I 3 Park Avenue, Floor New York, NY 10016 3 of 4 FILED: KINGS COUNTY CLERK 03/08/2022 03:51 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/08/2022 STATE OF NEW YORK, COUNTY OF NEW YORK ss: Cristina Quijada being sworn says: I am not a party to the action, am over 18 years of age and reside at New York, NY. On March 8, 2022 I served a true copy of the annexed in the following manner: NOTICE OF ENTRY SERVICE BY MAIL XXX by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: TO: SILVERMAN, SHIN & BYRNE, PLLC Attorney(s)for Defendant(s) ISABELLE CHARLES Wall Street Plaza 22nd 88 Pine Street, PlOOr New York, New York 10005 (212) 779-8600 Cristina Quijada Sworn to before me this 8th day of March 2022 Notary Public ASTOLFO CABRERA York State Of New Notary Public, 01CA5084163 No. County Qualified in Queens 12, 2025 Commission Expires Nov. 4 of 4