On December 11, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Doris Konig,
and
New York City Transit Authority,
for Torts - Other (Trip and Fall)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 03/09/2023 12:23 PM INDEX NO. 526939/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/09/2023
At the City/Transit Discovery Part of the
Supreme Court of the State of New York, held in
and for the County of Kings, at the Courthouse
located at 360 Adams Street, Brooklyn, New
York, on the 1st day of March, 2023.
PRESENT:
HON. RACHEL FREIER, AJSC
-----------------------------------------------------------------X
Konig Doris, AMENDED CITY/TA MOTION ORDER (1)(2)
Plaintiff INDEX NO 526939/19
-against-
NYCTA, et al.,
Defendants
-----------------------------------------------------------------X
The following papers number 1 to read on this motion Papers Numbered
Notion of Motion-OSC _________________________________________________________
Answering Affidavits __________________________________________________________
Reply (Affirmations) __________________________________________________________
Plaintiff’s motion, (motion sequence #1) opposed, to strike defendant NYCTA’s Answer for failing
to produce D & I, among other things, is granted to the following extent. Defendant shall produce all
outstanding discovery, including combined demands, by May 17, 2023. If defendant fails to timely comply
with this Order, then defendant, upon further motion, shall be precluded from testifying or offering
evidence at trial. Defendant shall produce (motion sequence #2) all post EBT discovery by May 17, 2023.
The time to file the NOI is extended to September 29, 2023. This Order is without prejudice either to
further discovery demands or to motion practice to resolve discovery disputes.
Unjustified failure of any party to comply with the terms of this Order will result in Sanctions.
ENTER:
___________________________
HON RACHEL FREIER, AJSC
1 of 1
Document Filed Date
March 09, 2023
Case Filing Date
December 11, 2019
Category
Torts - Other (Trip and Fall)
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FILED: KINGS COUNTY CLERK 03/09/2023 12:23 PM INDEX NO. 526939/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/09/2023 At the City/Transit Discovery Part of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn, New York, on the 1st day of March, 2023. PRESENT: HON. RACHEL FREIER, AJSC -----------------------------------------------------------------X Konig Doris, AMENDED CITY/TA MOTION ORDER (1)(2) Plaintiff INDEX NO 526939/19 -against- NYCTA, et al., Defendants -----------------------------------------------------------------X The following papers number 1 to read on this motion Papers Numbered Notion of Motion-OSC _________________________________________________________ Answering Affidavits __________________________________________________________ Reply (Affirmations) __________________________________________________________ Plaintiff’s motion, (motion sequence #1) opposed, to strike defendant NYCTA’s Answer for failing to produce D & I, among other things, is granted to the following extent. Defendant shall produce all outstanding discovery, including combined demands, by May 17, 2023. If defendant fails to timely comply with this Order, then defendant, upon further motion, shall be precluded from testifying or offering evidence at trial. Defendant shall produce (motion sequence #2) all post EBT discovery by May 17, 2023. The time to file the NOI is extended to September 29, 2023. This Order is without prejudice either to further discovery demands or to motion practice to resolve discovery disputes. Unjustified failure of any party to comply with the terms of this Order will result in Sanctions. ENTER: ___________________________ HON RACHEL FREIER, AJSC 1 of 1