Preview
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
Fon USE OF CERK
NOTE OF ISSUE
Calendar No: (if any)
Index No: 711448/2015, 711759/2016
SUPREME COURT, Queens COUNTY
NOTICE FOR TRIAL
——————— ——————
— — —--X
FERNANDO PINOS CABRERA'
H of all issues
Q of issues specified below or
attached hereto
pLAINTlFF(S)
Q Tria without jury
-AGAINST- Filed by attomey for PLAINTIFF
Date summons served 11/10/I5
EMILY M. RUSSELL, Date service completed 11/23/15
Date issue joined 12/13/16
DEFENDANT(S).
-..-......--....-..--.._...........------------------------------X NATURE OF ACTION OR SPECIAL PROCEEDING
Tort: H Motor vehicle negligence
P Medical malpractice
O Other tort
Q Contract
Q Contested matrimonial
O Uncontested matrimonial
Q Tax certiorari
0 Condemnation
Other(not itemized above) specify
Q This is a class action
Amount demanded: Exceeding Jurisdictional Limits
Other relief::
Special preference claimed under Insurance Carrier(s) if known
On the ground that
Attomey(s) for Plaintiff(s) WILLIAM SCHWlTZER & ASSOCIATES, P.C.
10*
Office and P.O. Address 820 2nd Avenue, Floor, New York, New York 10016
Phone No. (212) 683-3800
Attomey(s) for Defendant(s) RYAN, PERRONE & HARTLEIN, P.C.
Office and P. O. Address 200 Old Country Road, Suite 300, Mineola, New York 11501
Phone No. (516) 248-8610
Attorney(s) for Defendant(s) TROMELLO, MCDONNELL & KEHOE
Office and P. O. Address P.O. Box 9038, Melville, NY 11747
Phone No. (631) 577-2400
Attomcy(s) for Defendant(s)
Office and P. O. Address
Phone No.
NOTE: The clerk will not accept this note ofissue unless accompanied by a certificate ofreadiness.
~~OiMfChaelC, TII)meg
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
CERTIFICATE OF READINESS FOR TRIAL
For use of clerk
(Items 1-7 must be checked)
Completed Waived Not Required
X
1. All pleadings .........................................................
X
2. Bill of particulars....................................................
....... „...... „„.....,.,
SEE
3. Physical examinations completed.
AFFIRMATION
SEE
4. Medical reports exchanged.
AFFIRMATION
X
5. Appraisal reports exchanged.
6. Compliance with section 202.16 of the Rules of the Chief
Administrator (22 NYCRR 202.16) in matrimonial s...........
SEE
7. Discovery proceedings now known to be necessary
AFFIRMATION
8. There ARE outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings
10, There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR
202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the
Chief Administrator (22 NYCRR 202.56)
12. The case is NOT ready for trial
Dated: New York, New York fi(1A/ QL~ +
October 19, 2017 I LIAM
jWI/LIAM SCH ZER & P.C.
ASSOCIATES,
M o n p„r)Ii,cv
Attorneys tor ff(s)
IJ ~(
Q
10*
820 2nd Avenue, 10 Floor
New York, New York 10016
(212) 683-3800
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
FÏÏLÈD QÏJETENS COUNTY CLERK INDEX NO.~ŸÜÍd872 1
05/11/ 17 09:29 AM|
NYSCEF'DOC. NO. 20 RECEIVED NYSCEF: 05/11/2017 j
t
CC Calendar# PC PI~a~
. CC L / ¼/n
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ReviewBy
NIg~Q
Thisbosrs coun usecely
Supreme Court of the State of New York
Queens County: Compliance Settlement and Conference Part
Present: Hon. .Justice
Justice
Index Number: / k ~
7 J
r
Plafntiff{s)
-against- -'t-"t- - \
Date RJifiled: (a
v sw Defendent(s)
Comolhance Conference Order
Appearances:
la nuff / tÅŸ/ td C SÅz / ...-f : Å ...add
Defendant(s) \ G.ntt.nen % Ao2ns..wt : 1.QY. ~ emp 'li i r en
:
Upon the Prelimina C nference Order dated 8, , and following a Compliance
Conference held on
..R / 7 , and it appearin t isc osure previously herein ordered
has not been completed or hat additional disclosure is warran ed, it is hereby ORDERED. that dis-
closure shall proceed and be completed in accordance herewith, and it is further
. ORDEREO that all proceedings directed herein shall be completed on or before the dates set
forth. No adjournments are to be had without the Court's written approval, and adjoumments MAY
NOT be had upon the stipulation of the of the parties alone, and it is further
ORDERED that any failure to comply strictly with the terms of this order shall be grounds for the
striking of pleadings or other relief pursuant to CPLR 3126, and it is further
ORDERED that disclosure demands now known to be necessary which are not raised at this
conference are deemed to be waived,and it is further
+
FiLED
IMY 31 2017
aweawayna.ms COUNTY CLERK
QUEENSCOUNTY
-1-
1 of 3
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
FILED: UEENS COUNTY CLERK 05 11 2017 09:29 INDEX No. . 7114 4 8 / 20
NYs CEF DOC. No . 20 RECEIVED NYs CEF : 05/11/2017
DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION:
ORDERED that, on or before twenty hereof,days from
the following docthe date
,
authorizations and other
items for discovery and inspection shall be produc
(Any Items left outstanding from those directed by prior orders must be specific led or are deemed waived)
by the Plaintiff(s): All medical reports and authorizatio irected by 22 NYCRR § 202.17(b)
'
and, where the cause of death is in issue, as ed by 22 NYCRR § 202.17(d).
by the Defendants and Third-Party Defendants:
) O F~rr.~r
rl 105
DEPOSITIONS:
it is further ORDERED that all parties not yet deposed shall appear for deposition on:
date at time o'clock at: place
(The date set for depositions must be no more than 30 days from the date hereof. Insert any further provisions regarding
depositions) / p. pp
e-Re-7 /¶
WO .vE-~,
and it is further ORDERED that dep i ions shall dontin fro ay to day until completed,
and it is further W,~ t,:01.-
cn
PHYSICAL EXAMINATIONS:
ORDERED that all defendants and other parties desiring to take the physical examination
of any plaintiff shall designate, in writing, the physician(s) to make the examination within five days
of the completion of the plaintiff's deposition, or within ten days of the date hereof, whichever is
later. Failure to make such a designation. shall be deemed a waiver of the right to take the
examination. All physical examinations must be completed within thirty days of the completion of
the plaintiffs deposition, or of the date hereof, whichever is later. Pursuant to 22 NYCRR § 202.17
(c), copies of the reports of the physicians making examinations pursuant to this order shall be
served on all other parties within 45 days after completion of the examination, and it is further
ORDERED: (insert any further provisions regarding physical examinations)
MISCELLANEOUS:
It is further ORDERED that any further third-party actions shall be commenced promptly
upon discovery of the identity of the third-party defendants, but not more than thirty days after the
completion of depositions, unless for good cause shown, and it is further
ORDERED that parties aggrieved by failures to disclose must move promptly for relief or
be deemed to have waived the outstanding items, and it is further
ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant
to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary
judgment pending the filing of a note of issue as directed herein, and it is further
C
ReveMae to, 2004 2
2 of 3
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
ILED QUÍÈNS COUNTY CLERK 05 /11/2 017 0 9 : 2 9 INDEX NS: 111II
AM|
NYSCEF DOC. NO. 20 . RECEIVED NYsCEF: 05/11/201
ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30
W*
·^days
Mays provide defendant with copies of all correspondence to Medicare, as evidence of plaintiff's
efforts to determine the outstanding claim against said should one exist, e.g.
plaintiff/beneficiary
final demand or conditional summary from CMS.
'
ORDERED that any parties failing to appear at this Conference shall be bound by the
terms of this order, and it is further
ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for release
of medical records, not later than 60 days prior to trial, and is further
ORDERED as follows:
(Anyhemstah outstanding from those directed by prior orders must be specifically idanllfied or are deemed waived)
ORDERED that plaintiff/ a serve
and file a Note of Issue and Certificate of
to the Compilance Settle-
Readiness on or before to , and shall furnish
ment and Conference Port within ten (10)d ys1 ere fler a copy of the filed Note of issue and Certifi-
cate of Readiness, together with an affidavit of service, and that the failure to do so shall be grounds -
for the imposition of sanctions.
'I
SO ORDERED:
, JSC
Dated:
Should plaintiff/ need more time to file a Note of issue, said
party contact chambers at (718) 298-1089, no later than 3 weeks before the Note of issue
may
is due. •
Receipt a copy f s order and demand is acknowledged:
orney for Plain ff Attorne for Defendant
J'+,
( -Afr P-A -
Attorney for Defendant Attorney for Defendant
Attorney for Defendant
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2015
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3 of 3
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
I, M. Phil Christian, being sworn, say: I am not a party to the action, am over 18 years of age
and reside in Queens County, New York.
On October 19, 2017, I served the within NOTE OF ISSUE by depositing atrue copy thereof
enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the
U.S. Postal Service within New York State, addressed to each of the following persons at the last
known address set forth after each name:
TO: RYAN, PERRONE & HARTLE1N, P.C.
200 Old Country Road, Suite 300
Mineola, New York 11501
(516) 248-8610
Tromello, McDonnell & Kehoe
P.O. Box 9038
Melville, NY 11747
(631) 577-240
M. Phil Christian
Sworn to before me this
1 day of Oc ber, 20167
N TAI Y BTÍC
AUEXANDRAAUGUSTE
Y0A
p g~ s~~gf gee
W. 0 AU
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FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
Index No. 711448/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Queens
========================================
FERNANDO PINOS CABRERA,
Plaintiffs,
-against-
EMPIRE TODAY, LLC,
Defendants.
========================================
NOTE OF ISSUE
========================================
WILLIAM SCHWITZER & ASSOC., P.C.
Attorneys for Plaintiff(s)
Office and Post Office Address, Telephone
820 2nd 10th Floor
Avenue,
New York, New York 10017
212-685-7800
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
~ L.:i ~y~q>
• , U S POSTACE)>PiINEY EG 25
Wilham Schwitzer&Associates,P.C. ..-,=
ATTORNEYS
ATLAW . ..
820 SecondAvenue• Nev York, N.Y. 10017 ZIP 10016 000/,G°
. S
cc 5 07 174
,i':: 00013936580CT
I 20 2017
Tromello, McDonnell & Kehoe
P.O. Box 9038
Melville, NY l 1747
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
...........---.___-----..---........____-_....-.--...-------------X Index #: 71 1448/15
FERNANDO PlNOS CABRERA,
Plaintiff,
NOTICE OF MOTION
-against- Justice Assigned:
EMILY M. RUSSELL and EMPIRE TODAY, LLC, Oral Argument is not requested.
Defendant.
-----........-----------------.........-------....-------..-----X X
PLEASE TAKE NOTICE, that upon the annexed affirmation of KEVIN BRYANT,
dated, October 24, 2017 the Note of Issue and Certificate of Readiness, dated October 19, 2017,
and upon the pleadings and all of the proceedings heretofore had herein, the undersigned will
move this Court thereof, to be held at Centralized Motion Part 25 at the Courthouse located at
30* o'
88-11 Sutphin Blvd, Jamaica, NY, on day of November, 2017, at 2:15 clock in the
of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to Rule
202.21 of the Uniform Rules - Trial to strike this action from the calendar on the ground
Courts,
that the Certificate of Readiness is deficient and incorrect, or alternatively, reserving the
Defendant(s) right to complete all necessary or proper preliminary proceedings, and for such
other and further and different relief as to the court may seem just and proper in the premises.
The above entitled action is for person injury.
A Note of Issue has been filed in this action.
An affirmation that a good faith effort has been made to resolve the issues raised in this
motion is annexed hereto.
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
PLEASE TAKE FURTHER NOTICE, that answering affidavits to be submitted in
opposition hereto are to be served upon the undersigned at least seven (7) days prior to the return
date hereof.
Dated: Melville, NY
October 24, 2017
Yours, etc.,
LAW OFFICE OF MICHAEL C. TROMELLO
Attorneys for Defendant
EMPIRE TODAY, LLC
395 North Service Road
P.O. Box 9038
Melville, NY 11747
631-577-2400
Legal File No.: 1162118319
Ul)
Ul ,/
KEV I RYANT
To:
WILLIAM, SCHWITZER & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
FERNANDO PINOS CABRERA
820 Second Avenue, 10th Floor
New York, NY 10017
(212) 683-3800
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
..--------......--.........-------------------------------------X
FERNANDO PINOS CABRERA, index No. 711448/15
Plaintiff, ATTORNEY'S AFFIRMATION
-against-
EMILY M. RUSSELL and EMPIRE TODAY, LLC,
Defendant.
---.----------__------------------------.-------.......--X
KEVIN BRYANT, an attorney duly admitted to practice law in the State of New York,
hereby affirms the following under the penalties of perjury:
1. I am associated with the firm of LAW OFFICE OF MICHAEL C. TROMELLO,
attorneys for the Defendant EMPIRE TODAY, LLC, and as such am fully familiar with all of the
facts and circumstances heretofore had herein. The source of my knowledge is from the
information contained in the file maintai
Preview
FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 Fon USE OF CERK NOTE OF ISSUE Calendar No: (if any) Index No: 711448/2015, 711759/2016 SUPREME COURT, Queens COUNTY NOTICE FOR TRIAL ——————— —————— — — —--X FERNANDO PINOS CABRERA' H of all issues Q of issues specified below or attached hereto pLAINTlFF(S) Q Tria without jury -AGAINST- Filed by attomey for PLAINTIFF Date summons served 11/10/I5 EMILY M. RUSSELL, Date service completed 11/23/15 Date issue joined 12/13/16 DEFENDANT(S). -..-......--....-..--.._...........------------------------------X NATURE OF ACTION OR SPECIAL PROCEEDING Tort: H Motor vehicle negligence P Medical malpractice O Other tort Q Contract Q Contested matrimonial O Uncontested matrimonial Q Tax certiorari 0 Condemnation Other(not itemized above) specify Q This is a class action Amount demanded: Exceeding Jurisdictional Limits Other relief:: Special preference claimed under Insurance Carrier(s) if known On the ground that Attomey(s) for Plaintiff(s) WILLIAM SCHWlTZER & ASSOCIATES, P.C. 10* Office and P.O. Address 820 2nd Avenue, Floor, New York, New York 10016 Phone No. (212) 683-3800 Attomey(s) for Defendant(s) RYAN, PERRONE & HARTLEIN, P.C. Office and P. O. Address 200 Old Country Road, Suite 300, Mineola, New York 11501 Phone No. (516) 248-8610 Attorney(s) for Defendant(s) TROMELLO, MCDONNELL & KEHOE Office and P. O. Address P.O. Box 9038, Melville, NY 11747 Phone No. (631) 577-2400 Attomcy(s) for Defendant(s) Office and P. O. Address Phone No. NOTE: The clerk will not accept this note ofissue unless accompanied by a certificate ofreadiness. ~~OiMfChaelC, TII)meg FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 CERTIFICATE OF READINESS FOR TRIAL For use of clerk (Items 1-7 must be checked) Completed Waived Not Required X 1. All pleadings ......................................................... X 2. Bill of particulars.................................................... ....... „...... „„.....,., SEE 3. Physical examinations completed. AFFIRMATION SEE 4. Medical reports exchanged. AFFIRMATION X 5. Appraisal reports exchanged. 6. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial s........... SEE 7. Discovery proceedings now known to be necessary AFFIRMATION 8. There ARE outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings 10, There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrator (22 NYCRR 202.56) 12. The case is NOT ready for trial Dated: New York, New York fi(1A/ QL~ + October 19, 2017 I LIAM jWI/LIAM SCH ZER & P.C. ASSOCIATES, M o n p„r)Ii,cv Attorneys tor ff(s) IJ ~( Q 10* 820 2nd Avenue, 10 Floor New York, New York 10016 (212) 683-3800 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 FÏÏLÈD QÏJETENS COUNTY CLERK INDEX NO.~ŸÜÍd872 1 05/11/ 17 09:29 AM| NYSCEF'DOC. NO. 20 RECEIVED NYSCEF: 05/11/2017 j t CC Calendar# PC PI~a~ . CC L / ¼/n NI ReviewBy NIg~Q Thisbosrs coun usecely Supreme Court of the State of New York Queens County: Compliance Settlement and Conference Part Present: Hon. .Justice Justice Index Number: / k ~ 7 J r Plafntiff{s) -against- -'t-"t- - \ Date RJifiled: (a v sw Defendent(s) Comolhance Conference Order Appearances: la nuff / tÅŸ/ td C SÅz / ...-f : Å ...add Defendant(s) \ G.ntt.nen % Ao2ns..wt : 1.QY. ~ emp 'li i r en : Upon the Prelimina C nference Order dated 8, , and following a Compliance Conference held on ..R / 7 , and it appearin t isc osure previously herein ordered has not been completed or hat additional disclosure is warran ed, it is hereby ORDERED. that dis- closure shall proceed and be completed in accordance herewith, and it is further . ORDEREO that all proceedings directed herein shall be completed on or before the dates set forth. No adjournments are to be had without the Court's written approval, and adjoumments MAY NOT be had upon the stipulation of the of the parties alone, and it is further ORDERED that any failure to comply strictly with the terms of this order shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126, and it is further ORDERED that disclosure demands now known to be necessary which are not raised at this conference are deemed to be waived,and it is further + FiLED IMY 31 2017 aweawayna.ms COUNTY CLERK QUEENSCOUNTY -1- 1 of 3 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 FILED: UEENS COUNTY CLERK 05 11 2017 09:29 INDEX No. . 7114 4 8 / 20 NYs CEF DOC. No . 20 RECEIVED NYs CEF : 05/11/2017 DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION: ORDERED that, on or before twenty hereof,days from the following docthe date , authorizations and other items for discovery and inspection shall be produc (Any Items left outstanding from those directed by prior orders must be specific led or are deemed waived) by the Plaintiff(s): All medical reports and authorizatio irected by 22 NYCRR § 202.17(b) ' and, where the cause of death is in issue, as ed by 22 NYCRR § 202.17(d). by the Defendants and Third-Party Defendants: ) O F~rr.~r rl 105 DEPOSITIONS: it is further ORDERED that all parties not yet deposed shall appear for deposition on: date at time o'clock at: place (The date set for depositions must be no more than 30 days from the date hereof. Insert any further provisions regarding depositions) / p. pp e-Re-7 /¶ WO .vE-~, and it is further ORDERED that dep i ions shall dontin fro ay to day until completed, and it is further W,~ t,:01.- cn PHYSICAL EXAMINATIONS: ORDERED that all defendants and other parties desiring to take the physical examination of any plaintiff shall designate, in writing, the physician(s) to make the examination within five days of the completion of the plaintiff's deposition, or within ten days of the date hereof, whichever is later. Failure to make such a designation. shall be deemed a waiver of the right to take the examination. All physical examinations must be completed within thirty days of the completion of the plaintiffs deposition, or of the date hereof, whichever is later. Pursuant to 22 NYCRR § 202.17 (c), copies of the reports of the physicians making examinations pursuant to this order shall be served on all other parties within 45 days after completion of the examination, and it is further ORDERED: (insert any further provisions regarding physical examinations) MISCELLANEOUS: It is further ORDERED that any further third-party actions shall be commenced promptly upon discovery of the identity of the third-party defendants, but not more than thirty days after the completion of depositions, unless for good cause shown, and it is further ORDERED that parties aggrieved by failures to disclose must move promptly for relief or be deemed to have waived the outstanding items, and it is further ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary judgment pending the filing of a note of issue as directed herein, and it is further C ReveMae to, 2004 2 2 of 3 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 ILED QUÍÈNS COUNTY CLERK 05 /11/2 017 0 9 : 2 9 INDEX NS: 111II AM| NYSCEF DOC. NO. 20 . RECEIVED NYsCEF: 05/11/201 ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30 W* ·^days Mays provide defendant with copies of all correspondence to Medicare, as evidence of plaintiff's efforts to determine the outstanding claim against said should one exist, e.g. plaintiff/beneficiary final demand or conditional summary from CMS. ' ORDERED that any parties failing to appear at this Conference shall be bound by the terms of this order, and it is further ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for release of medical records, not later than 60 days prior to trial, and is further ORDERED as follows: (Anyhemstah outstanding from those directed by prior orders must be specifically idanllfied or are deemed waived) ORDERED that plaintiff/ a serve and file a Note of Issue and Certificate of to the Compilance Settle- Readiness on or before to , and shall furnish ment and Conference Port within ten (10)d ys1 ere fler a copy of the filed Note of issue and Certifi- cate of Readiness, together with an affidavit of service, and that the failure to do so shall be grounds - for the imposition of sanctions. 'I SO ORDERED: , JSC Dated: Should plaintiff/ need more time to file a Note of issue, said party contact chambers at (718) 298-1089, no later than 3 weeks before the Note of issue may is due. • Receipt a copy f s order and demand is acknowledged: orney for Plain ff Attorne for Defendant J'+, ( -Afr P-A - Attorney for Defendant Attorney for Defendant Attorney for Defendant rtevtr Asv tr Jsfal&72?,2019 2015 JatsJFnr22, J 3 of 3 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, M. Phil Christian, being sworn, say: I am not a party to the action, am over 18 years of age and reside in Queens County, New York. On October 19, 2017, I served the within NOTE OF ISSUE by depositing atrue copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: TO: RYAN, PERRONE & HARTLE1N, P.C. 200 Old Country Road, Suite 300 Mineola, New York 11501 (516) 248-8610 Tromello, McDonnell & Kehoe P.O. Box 9038 Melville, NY 11747 (631) 577-240 M. Phil Christian Sworn to before me this 1 day of Oc ber, 20167 N TAI Y BTÍC AUEXANDRAAUGUSTE Y0A p g~ s~~gf gee W. 0 AU ~~ g gags CSA+f fJQ+QgJOINRL 5+~ c ~ggg FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 Index No. 711448/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Queens ======================================== FERNANDO PINOS CABRERA, Plaintiffs, -against- EMPIRE TODAY, LLC, Defendants. ======================================== NOTE OF ISSUE ======================================== WILLIAM SCHWITZER & ASSOC., P.C. Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 820 2nd 10th Floor Avenue, New York, New York 10017 212-685-7800 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 ~ L.:i ~y~q> • , U S POSTACE)>PiINEY EG 25 Wilham Schwitzer&Associates,P.C. ..-,= ATTORNEYS ATLAW . .. 820 SecondAvenue• Nev York, N.Y. 10017 ZIP 10016 000/,G° . S cc 5 07 174 ,i':: 00013936580CT I 20 2017 Tromello, McDonnell & Kehoe P.O. Box 9038 Melville, NY l 1747 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ...........---.___-----..---........____-_....-.--...-------------X Index #: 71 1448/15 FERNANDO PlNOS CABRERA, Plaintiff, NOTICE OF MOTION -against- Justice Assigned: EMILY M. RUSSELL and EMPIRE TODAY, LLC, Oral Argument is not requested. Defendant. -----........-----------------.........-------....-------..-----X X PLEASE TAKE NOTICE, that upon the annexed affirmation of KEVIN BRYANT, dated, October 24, 2017 the Note of Issue and Certificate of Readiness, dated October 19, 2017, and upon the pleadings and all of the proceedings heretofore had herein, the undersigned will move this Court thereof, to be held at Centralized Motion Part 25 at the Courthouse located at 30* o' 88-11 Sutphin Blvd, Jamaica, NY, on day of November, 2017, at 2:15 clock in the of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to Rule 202.21 of the Uniform Rules - Trial to strike this action from the calendar on the ground Courts, that the Certificate of Readiness is deficient and incorrect, or alternatively, reserving the Defendant(s) right to complete all necessary or proper preliminary proceedings, and for such other and further and different relief as to the court may seem just and proper in the premises. The above entitled action is for person injury. A Note of Issue has been filed in this action. An affirmation that a good faith effort has been made to resolve the issues raised in this motion is annexed hereto. FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 PLEASE TAKE FURTHER NOTICE, that answering affidavits to be submitted in opposition hereto are to be served upon the undersigned at least seven (7) days prior to the return date hereof. Dated: Melville, NY October 24, 2017 Yours, etc., LAW OFFICE OF MICHAEL C. TROMELLO Attorneys for Defendant EMPIRE TODAY, LLC 395 North Service Road P.O. Box 9038 Melville, NY 11747 631-577-2400 Legal File No.: 1162118319 Ul) Ul ,/ KEV I RYANT To: WILLIAM, SCHWITZER & ASSOCIATES, P.C. Attorney(s) for Plaintiff FERNANDO PINOS CABRERA 820 Second Avenue, 10th Floor New York, NY 10017 (212) 683-3800 FILED: QUEENS COUNTY CLERK 05/17/2018 04:16 PM INDEX NO. 711448/2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 05/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ..--------......--.........-------------------------------------X FERNANDO PINOS CABRERA, index No. 711448/15 Plaintiff, ATTORNEY'S AFFIRMATION -against- EMILY M. RUSSELL and EMPIRE TODAY, LLC, Defendant. ---.----------__------------------------.-------.......--X KEVIN BRYANT, an attorney duly admitted to practice law in the State of New York, hereby affirms the following under the penalties of perjury: 1. I am associated with the firm of LAW OFFICE OF MICHAEL C. TROMELLO, attorneys for the Defendant EMPIRE TODAY, LLC, and as such am fully familiar with all of the facts and circumstances heretofore had herein. The source of my knowledge is from the information contained in the file maintai