Preview
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/12/2021
"B"
EXHIBIT
ExhibitB
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021
NYSCEF: 35123/2019E
NYSCEF DOC. NO. 20 For use WCWfitED NYSCEF: 03/16/2021
:
: .. .. .. .. .. .. ..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------- --------- ------------X
TYKIMA THOMPSON,
Plaintiff, NOTE OF ISSUE
-against-
INDEX NO.: 35123/2019E
EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN
SANTAMARIA,
Defendant.
---------------------- --------------- -------X
Preference claimed under: Special NOTICE FOR TRIAL
Applicable Rules on the ground that 1 Jury trial demanded
Plaintiff sustained severe permanent X Of all issues
personal injuries ___ Of issues specified below or attached hereto
_Trial without jury
Attorneys for Plaintiff Filed by Attorneys for the Plaintiff
LEAV & STEINBERG, LLP
Date -
Summons served January 23, 2020
Attorneys for Plaintiff -
Date service completed January 23, 2020
TYKIMA THOMPSON -
Date issue joined February 3, 2020
75 Broad Street, Suite 1601
New York, New York 10004
NATURE OF ACTION OR SPECIAL PROCEEDING
Tel. No.: (212) 766-5222
X Toit
Fax No.: (212) 693-2377 X Motor vehicle negligence
File No.: 186992
___ Medical malpractice
Other tort
Attorneys for Defendant
- Contract
PICCIANO & SCAHILL, P.C.
- Contested matrimonial
Attorneys
EVEREST
for Defendants
SCAFFOLDING INC. and
- Uncontested matrimonial
SANTAMARIA- Condemnation
JADERLYN A. GALAN
Tax certiorari
1065 Stewart Avenue, Suite 210
-Other (not itemized above) specify: Personal Injury
Bethpage, NY 11714
Siemises
Tel. No.: (516)294-5200
____ This action is brought as a class action
___ This is a medical malpractice action: panel procedures
prescribed by the court rules pursuant to Judiciary Law
section 148-a
____ have been completed __ have not been completed
Amount demanded - amounts exceed the jurisdictional limits
of all lower cour ts.
Other relief -
Insurance carrier(s), if known:
State Farm Insurance
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FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021
NYSCEF: 35123/2019E
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021
For Clerk's Use
CERTIFICATE OF READINESS FOR TRIAL
Completed Waived Not Required
1. All pleadings served. . . . . . . . X
2. Bill of Particulars served. . . . . X
3. Physical examinations completed- X
4. Medical reports exchanged. . . . . X
5. Appraisal reports exchanged. . . . . . . . . . . . . . X
6. Compliance with the rules in mat-
rimonial actions (22 NYCRR 202.16). . . . . . . . . . . X
7. Discovery proceedings now known to
be necessary completed. . . . . . .. X
8. There are no outstanding requests for discovery.. X
9. There has been a reasonable opportunity to complete the
foregoing proceedings. X
10. There has been cemplisñce with any order issued pursuañt to
the pre-calendar rules (22 NYCRR 202.12).. X
11. If a medical malpractice
action, there has been compliance
with any order issued pursuant to 22 NYCRR 202.56. X
12. The case is ready for trial... X
Dated: New York, New York
March 16, 2021
Alexander Kran III, Esq.
LEAV & STEINBERG, L.L.P.
Attorneys for Plaintiff
75 Broad Street, Suite 1601
New York, New York 10004
(212) 766-5222
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FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
TYKIMA THOMPSON,
INDEX NO. 35123/2019E
Plaintiff,
-against- AFFIRMATION OF
COMPLIANCE
EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN
SANTAMARIA,
Defendant.
------------------------- ------------------------ X
Alexander Kran III, Esq., an attorney admitted to practice in the State of New York,
affirms the following under the penalties of perjury:
1. That I am an associate with the law firm of LEAV & STEINBERG, L.L.P., the
attorneys of record for the plaintiff, and as such am thoroughly conversant with the facts and
circumstances herein based upon the contents of the file maintained by this office.
2. This affirmation is submitted in support of the within Note of Issue and
Certificate of Readiness for Trial.
3. An Order was filed on February 21, 2020 and all discovery set in the order was
completed.
4. The deposition of plaintiff was held on July 10, 2020.
5. The deposition of defendant was held on December 7, 2020.
5. Defendant's plrfsical examination of the plaintiff was held on September 21,
2020.
6. The plaintiff filling the Note of Issue and Certificate of Readiness for Trial
pursuant to Order dated February 21, 2020.
Dated: New York, New York
March 16, 2021
ALÈXANDER KRAN III, ESQ.
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NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021
NYSCEF: 35123/2019E
¶ji'_È5ED':C
B$tbN2 COUNTY CLERK 02 / 21 2020 11 : 53 M RECEHh (WSCEFs1 3//2tf1á2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/21/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX: PART IA-14
---.--..----------- ----------X
THOMPSON, TYKIMA PRELIMINARY CONFERENCE ORDER
AND CASE SCHEDULING ORDER
Plaintiff(s),
- against -
Index No. 0035123/2019
EVEREST SCAFFOLDING INC.
Defendant(s).
---..------------.- ---------X
A request for a preliminary conference having been filed, or the court having acted on its own initiative pursuant
injury"
to 22 NYCRR § 202.12(j), this case is assigned to Part IA-14 because plaintiff has alleged "serious due to
a motor vehicle accidcñt. If this case has been assigned to Part IA-14 in error, the parties are to notify the Court at
bxmvdiscoverv@nycourts aoy. Do not contact the Justice assigned.
Disclosure not already furnished shall proceed in accordance with the deadlines set forth below.
THE DATES IN THIS ORDER MAY NOT BE EXTENDED WITHOUT ADVANCE APPROVAL BY THE
COURT. STIPULATIONS, UNLESS SO ORDERED BY THE COURT, WILL NOT BE HONORED.
RESOLUTION OF DISPUTES/PENALTIES FOR NONCOMPLIANCE (also see part rules)
If disputes arise about compliance with this Order, the parties shall confer to try to resolve them. If that effort
fails, then counsel of record shall, no less than two weeks in advance of deadlines and prior to initiating motion
practice, bring the dispute to the attention of the Court by email to bxmvdiscovery(dlnycourts.gov to advance a
previously scheduled compliance conference. The parties are advised, however, that nothing in this paragraph
relicycs them of the obligation of demonstating sufficient good faith efforts to resolve their discovery disputes
without resort to court intervention via motion (see 22 NYCRR §202.7[a][2]). Absent good cause,
non-compliance with this order, including the failure to raise discovery problems in advance of deadlines, may
result in the impsition of penalties upon the offending and, where warranted, upon coüñsel. Such penalties
party
may include waiver of the discovery, preclusion, dismissal, striking of a pleading, costs, sanctións and attorney's
fees.
---------------------------------- --- ---------
Consult the part rules at this time; the parties are expected to be familiar with the rules and follow them.
(1) Mandatory Notification. All parties having associated an email address with the action at the NYSCEF site
are deemed to have been served with this Order as of its filing. Plaintiff's attorney shall, within ten days
thereafter, transmit a copy to any appearing who has not consented to e-file and shall e-file proof of said
party
transmission within ten days thereafter. For hard-copy cases, plaintiff's attorney shall, within ten days after entry
of the order, transmit a copy to the other parties and shall file proof of said hansmission within ten days thereafter
(2) Insurance Information. Pursuant to CPLR 3101(f), all parties shall exchange insurance and coverage
information, including primary, excess and umbrella policies, by 4/10/2020 . If there is no umbrella or
excess policy, an affidavit to that effect, signed by defendant(s) and notarized, shall be provided by the same date.
(3) Bill of Particulars. If not already served, demand(s) shall be served by 3/6/2020 . Bill(s) shall
be served by 3/20/2020 .
(4) Authorizations. Properly executed HIPAA-compliant authorizaticñs for medical records for this accident and
for relevant prior and subsequent injuries/conditions (if applicable), and authorizations for employment records
for two years prior to the accident shall be served by 03/20/2020
1 of 2
4 of 7
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021
NYSCEF: 35123 /2019E
2@g'
Ntlil ©DEl;)QC.BRONE COUNTY CLERK 0272172020 11: 53 RECEW@§XNBCE¾1 jaBO21
A14
NYS F DO . NQ. 0 . , RECEIV D NYSCE • 02/ 1/2020
3efenlants sliall process each authorization withm 30 days of receipt and shall follow up at feast mont ly untÎl
the records are received, so that the requested material will be received before the plaintiff's deposition date as
ordered herein. If plaintiff timely provides proper authorizations, then non-receipt of records shall not be grounds
for delaying plaintiff's deposition unless proof of timely processing and follow-up is provided to plaintiff and/or
the court.
(5) Witness and Other Information. All parties shall exchangc statements of opposing parties, photographs, and
the names and addresses of all fact witnesses by 4/3/2020 . If any of these items does not exist, then
the parties shall serve by that date an affirmation clearly so specifying.
(6) Depositions. If plaintiff timely complies with (4) above, then all depositions must be completed by
7/10/2020 , Plaintiff shall be deposed first, and defendants shall be deposed in the order in which
their names appear in the caption. Within 20 days after this order, the parties shall confer and agree upon a
deposition schedule in compliance with this deadline. Absent extraordinary circumstances, the failure of one
defendant to appear as scheduled shall not constitute an excuse for the refusal of others to submit to deposition as
scheduled and within the deadline fixed above.
(7) Demands for documents. Demands for documents shall be served no later than 30 days after the completion
of the 'relevant deposition and shall be responded to within 30 days after service.
(8) Physical Exersinations and Reports (Uniform Rule 202.17). Physical examination(s) of the plaintiff shall
be designated, with a copy to all parties, within 20 days after plaintiff's deposition and shall be completed within
45 days after plaintiff's deposition. Copies of medical reports shall be served by plaintiff at least 15 days prior to
said examination. A copy of the report of the examining physiciaü shall be served on all parties within 30 days
after said examination.
(9) Other Disclosure. All other disclosure shall be completed by 9/11/2020 .
(10) Impleader. Shall be completed by 7/24/2020 .
(11) Mandatory Compliance Conference. Will be held on 4/2412020 at 2:00 p.m. in Part IA-14,
courtroom 407. Subsequent status conferences will be held at 9:30 a.m. Parties are directed to bring the most
recent discovery order and/or stipulation to each conference. Only counsel fully familiar with and
authorized to settle, stipulate, or dispose of actions shall appear at the conference.
(12) Note of Issue. The date to file the Note of Issue shall be determined at the final compliance conference. If all
discovery is complete prior to any scheduled compliance conference date, then the parties may submit a stipulation
(signed by all parties) to be so-ordered. Send the signed stipulation by email to the Court at
bxmvdiscovery@üycourts.gov at least two days before the said conference, indicating that all discovery is complete am
ordered"
providing for the filing of the Note of Issue. If approved, the stipulation will be returned "so and the date by
which the Note of Issue must be filed will be filled in on the stipulation in lieu of the final conference. Parties MAY
NOT file a Note of Issue without court order. A Note of Issue filed without court order may be stricken sua sponte.
Plaintiff shall not file a note of issue until all discovery is cemp!ête and certified as such by order of this court.
Premature filing may result in the note of issue being vacated or the imposition of other sanctions.
(13)
Summ ary Judgment Motions. Smmary judgment motions shall be made no later than 60 days after filing
the Note of Issue (CPLR 3212[a]). Motions made before filing the note of issue do not stay the discovery ordered
herein.
(14) Trial Authorizations. Properly executed HIPAA-compliant authorizations shall be served on all defendants
120 days before trial.
Parties are encouraged to place their case on e-track at nycourts.gov.
The forgoing constitutes the decision and order of the court.
Hon. .n R. tt, A.J.S.C.
Date: February 21, 2020
2 of 2
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NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021
NYSCEF: 35123/2019E
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021
STATE OF NEW YORK )
) ss.: AFFIDAVIT OF SERVICE
COUNTY OF NEW YORK )
I, Nicole Leydon, being sworn, say:
I am not a party to the action, am over 18 years of age and reside in the County of Suffolk
in the State of New York.
On March 16, 2021, I served the within:
NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIRMATION
COMPLIANCE
By service of a copy of each of the above to the following persons at the last known address set
forth after each name below, via first class mail:
TO:
PICCIANO & SCAHILL, P.C.
Attorneys for De fendants
EVEREST SCAFFOLDING INC. and
JADERLYN A. GALAN SANTAMARIA
1065 Stewart Avenue, Suite 210
Bethpage, NY 11714
Tel. No.: (516)294-5200 / /
Sworn to before me this bTICÒ É LEYDON
16th
day of March 2021
NOTAl Y PUBLfC
EXANDER KRAN III
NOTARY PUBLIC STATE OF NEW
YORK
Registration No. 02KR5015843
Qualified in New Yor
C
v Commission unty
Expires: 3
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FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021
NYSCEF: 35123/2019E
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No. 35123/2019E
_______-------- __ ______ _____ __ . - __ - ___ _______ ___ ___ __ _ _ ___________
TYKIMA THOMPSON,
Plaintiff,
-against-
EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA,
Defendant.
_____- _-__________________________________________
NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIRMATION OF
COMPLIANC E
_________________________________________
LEAV & STEINBERG, LLP
Attorneys fby Plaintiff
75 Broad Street, Suite 1601
New York, New York 10004
(212) 766-5222
7 of 7
Preview
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/12/2021 "B" EXHIBIT ExhibitB FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021 NYSCEF: 35123/2019E NYSCEF DOC. NO. 20 For use WCWfitED NYSCEF: 03/16/2021 : : .. .. .. .. .. .. .. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------- --------- ------------X TYKIMA THOMPSON, Plaintiff, NOTE OF ISSUE -against- INDEX NO.: 35123/2019E EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendant. ---------------------- --------------- -------X Preference claimed under: Special NOTICE FOR TRIAL Applicable Rules on the ground that 1 Jury trial demanded Plaintiff sustained severe permanent X Of all issues personal injuries ___ Of issues specified below or attached hereto _Trial without jury Attorneys for Plaintiff Filed by Attorneys for the Plaintiff LEAV & STEINBERG, LLP Date - Summons served January 23, 2020 Attorneys for Plaintiff - Date service completed January 23, 2020 TYKIMA THOMPSON - Date issue joined February 3, 2020 75 Broad Street, Suite 1601 New York, New York 10004 NATURE OF ACTION OR SPECIAL PROCEEDING Tel. No.: (212) 766-5222 X Toit Fax No.: (212) 693-2377 X Motor vehicle negligence File No.: 186992 ___ Medical malpractice Other tort Attorneys for Defendant - Contract PICCIANO & SCAHILL, P.C. - Contested matrimonial Attorneys EVEREST for Defendants SCAFFOLDING INC. and - Uncontested matrimonial SANTAMARIA- Condemnation JADERLYN A. GALAN Tax certiorari 1065 Stewart Avenue, Suite 210 -Other (not itemized above) specify: Personal Injury Bethpage, NY 11714 Siemises Tel. No.: (516)294-5200 ____ This action is brought as a class action ___ This is a medical malpractice action: panel procedures prescribed by the court rules pursuant to Judiciary Law section 148-a ____ have been completed __ have not been completed Amount demanded - amounts exceed the jurisdictional limits of all lower cour ts. Other relief - Insurance carrier(s), if known: State Farm Insurance 1 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021 NYSCEF: 35123/2019E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021 For Clerk's Use CERTIFICATE OF READINESS FOR TRIAL Completed Waived Not Required 1. All pleadings served. . . . . . . . X 2. Bill of Particulars served. . . . . X 3. Physical examinations completed- X 4. Medical reports exchanged. . . . . X 5. Appraisal reports exchanged. . . . . . . . . . . . . . X 6. Compliance with the rules in mat- rimonial actions (22 NYCRR 202.16). . . . . . . . . . . X 7. Discovery proceedings now known to be necessary completed. . . . . . .. X 8. There are no outstanding requests for discovery.. X 9. There has been a reasonable opportunity to complete the foregoing proceedings. X 10. There has been cemplisñce with any order issued pursuañt to the pre-calendar rules (22 NYCRR 202.12).. X 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. X 12. The case is ready for trial... X Dated: New York, New York March 16, 2021 Alexander Kran III, Esq. LEAV & STEINBERG, L.L.P. Attorneys for Plaintiff 75 Broad Street, Suite 1601 New York, New York 10004 (212) 766-5222 2 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021 NYSCEF: 35123/2019E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X TYKIMA THOMPSON, INDEX NO. 35123/2019E Plaintiff, -against- AFFIRMATION OF COMPLIANCE EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendant. ------------------------- ------------------------ X Alexander Kran III, Esq., an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: 1. That I am an associate with the law firm of LEAV & STEINBERG, L.L.P., the attorneys of record for the plaintiff, and as such am thoroughly conversant with the facts and circumstances herein based upon the contents of the file maintained by this office. 2. This affirmation is submitted in support of the within Note of Issue and Certificate of Readiness for Trial. 3. An Order was filed on February 21, 2020 and all discovery set in the order was completed. 4. The deposition of plaintiff was held on July 10, 2020. 5. The deposition of defendant was held on December 7, 2020. 5. Defendant's plrfsical examination of the plaintiff was held on September 21, 2020. 6. The plaintiff filling the Note of Issue and Certificate of Readiness for Trial pursuant to Order dated February 21, 2020. Dated: New York, New York March 16, 2021 ALÈXANDER KRAN III, ESQ. 3 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021 NYSCEF: 35123/2019E ¶ji'_È5ED':C B$tbN2 COUNTY CLERK 02 / 21 2020 11 : 53 M RECEHh (WSCEFs1 3//2tf1á2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: PART IA-14 ---.--..----------- ----------X THOMPSON, TYKIMA PRELIMINARY CONFERENCE ORDER AND CASE SCHEDULING ORDER Plaintiff(s), - against - Index No. 0035123/2019 EVEREST SCAFFOLDING INC. Defendant(s). ---..------------.- ---------X A request for a preliminary conference having been filed, or the court having acted on its own initiative pursuant injury" to 22 NYCRR § 202.12(j), this case is assigned to Part IA-14 because plaintiff has alleged "serious due to a motor vehicle accidcñt. If this case has been assigned to Part IA-14 in error, the parties are to notify the Court at bxmvdiscoverv@nycourts aoy. Do not contact the Justice assigned. Disclosure not already furnished shall proceed in accordance with the deadlines set forth below. THE DATES IN THIS ORDER MAY NOT BE EXTENDED WITHOUT ADVANCE APPROVAL BY THE COURT. STIPULATIONS, UNLESS SO ORDERED BY THE COURT, WILL NOT BE HONORED. RESOLUTION OF DISPUTES/PENALTIES FOR NONCOMPLIANCE (also see part rules) If disputes arise about compliance with this Order, the parties shall confer to try to resolve them. If that effort fails, then counsel of record shall, no less than two weeks in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Court by email to bxmvdiscovery(dlnycourts.gov to advance a previously scheduled compliance conference. The parties are advised, however, that nothing in this paragraph relicycs them of the obligation of demonstating sufficient good faith efforts to resolve their discovery disputes without resort to court intervention via motion (see 22 NYCRR §202.7[a][2]). Absent good cause, non-compliance with this order, including the failure to raise discovery problems in advance of deadlines, may result in the impsition of penalties upon the offending and, where warranted, upon coüñsel. Such penalties party may include waiver of the discovery, preclusion, dismissal, striking of a pleading, costs, sanctións and attorney's fees. ---------------------------------- --- --------- Consult the part rules at this time; the parties are expected to be familiar with the rules and follow them. (1) Mandatory Notification. All parties having associated an email address with the action at the NYSCEF site are deemed to have been served with this Order as of its filing. Plaintiff's attorney shall, within ten days thereafter, transmit a copy to any appearing who has not consented to e-file and shall e-file proof of said party transmission within ten days thereafter. For hard-copy cases, plaintiff's attorney shall, within ten days after entry of the order, transmit a copy to the other parties and shall file proof of said hansmission within ten days thereafter (2) Insurance Information. Pursuant to CPLR 3101(f), all parties shall exchange insurance and coverage information, including primary, excess and umbrella policies, by 4/10/2020 . If there is no umbrella or excess policy, an affidavit to that effect, signed by defendant(s) and notarized, shall be provided by the same date. (3) Bill of Particulars. If not already served, demand(s) shall be served by 3/6/2020 . Bill(s) shall be served by 3/20/2020 . (4) Authorizations. Properly executed HIPAA-compliant authorizaticñs for medical records for this accident and for relevant prior and subsequent injuries/conditions (if applicable), and authorizations for employment records for two years prior to the accident shall be served by 03/20/2020 1 of 2 4 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021 NYSCEF: 35123 /2019E 2@g' Ntlil ©DEl;)QC.BRONE COUNTY CLERK 0272172020 11: 53 RECEW@§XNBCE¾1 jaBO21 A14 NYS F DO . NQ. 0 . , RECEIV D NYSCE • 02/ 1/2020 3efenlants sliall process each authorization withm 30 days of receipt and shall follow up at feast mont ly untÎl the records are received, so that the requested material will be received before the plaintiff's deposition date as ordered herein. If plaintiff timely provides proper authorizations, then non-receipt of records shall not be grounds for delaying plaintiff's deposition unless proof of timely processing and follow-up is provided to plaintiff and/or the court. (5) Witness and Other Information. All parties shall exchangc statements of opposing parties, photographs, and the names and addresses of all fact witnesses by 4/3/2020 . If any of these items does not exist, then the parties shall serve by that date an affirmation clearly so specifying. (6) Depositions. If plaintiff timely complies with (4) above, then all depositions must be completed by 7/10/2020 , Plaintiff shall be deposed first, and defendants shall be deposed in the order in which their names appear in the caption. Within 20 days after this order, the parties shall confer and agree upon a deposition schedule in compliance with this deadline. Absent extraordinary circumstances, the failure of one defendant to appear as scheduled shall not constitute an excuse for the refusal of others to submit to deposition as scheduled and within the deadline fixed above. (7) Demands for documents. Demands for documents shall be served no later than 30 days after the completion of the 'relevant deposition and shall be responded to within 30 days after service. (8) Physical Exersinations and Reports (Uniform Rule 202.17). Physical examination(s) of the plaintiff shall be designated, with a copy to all parties, within 20 days after plaintiff's deposition and shall be completed within 45 days after plaintiff's deposition. Copies of medical reports shall be served by plaintiff at least 15 days prior to said examination. A copy of the report of the examining physiciaü shall be served on all parties within 30 days after said examination. (9) Other Disclosure. All other disclosure shall be completed by 9/11/2020 . (10) Impleader. Shall be completed by 7/24/2020 . (11) Mandatory Compliance Conference. Will be held on 4/2412020 at 2:00 p.m. in Part IA-14, courtroom 407. Subsequent status conferences will be held at 9:30 a.m. Parties are directed to bring the most recent discovery order and/or stipulation to each conference. Only counsel fully familiar with and authorized to settle, stipulate, or dispose of actions shall appear at the conference. (12) Note of Issue. The date to file the Note of Issue shall be determined at the final compliance conference. If all discovery is complete prior to any scheduled compliance conference date, then the parties may submit a stipulation (signed by all parties) to be so-ordered. Send the signed stipulation by email to the Court at bxmvdiscovery@üycourts.gov at least two days before the said conference, indicating that all discovery is complete am ordered" providing for the filing of the Note of Issue. If approved, the stipulation will be returned "so and the date by which the Note of Issue must be filed will be filled in on the stipulation in lieu of the final conference. Parties MAY NOT file a Note of Issue without court order. A Note of Issue filed without court order may be stricken sua sponte. Plaintiff shall not file a note of issue until all discovery is cemp!ête and certified as such by order of this court. Premature filing may result in the note of issue being vacated or the imposition of other sanctions. (13) Summ ary Judgment Motions. Smmary judgment motions shall be made no later than 60 days after filing the Note of Issue (CPLR 3212[a]). Motions made before filing the note of issue do not stay the discovery ordered herein. (14) Trial Authorizations. Properly executed HIPAA-compliant authorizations shall be served on all defendants 120 days before trial. Parties are encouraged to place their case on e-track at nycourts.gov. The forgoing constitutes the decision and order of the court. Hon. .n R. tt, A.J.S.C. Date: February 21, 2020 2 of 2 5 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVEDINDEX NO. 05/12/2021 NYSCEF: 35123/2019E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021 STATE OF NEW YORK ) ) ss.: AFFIDAVIT OF SERVICE COUNTY OF NEW YORK ) I, Nicole Leydon, being sworn, say: I am not a party to the action, am over 18 years of age and reside in the County of Suffolk in the State of New York. On March 16, 2021, I served the within: NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIRMATION COMPLIANCE By service of a copy of each of the above to the following persons at the last known address set forth after each name below, via first class mail: TO: PICCIANO & SCAHILL, P.C. Attorneys for De fendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA 1065 Stewart Avenue, Suite 210 Bethpage, NY 11714 Tel. No.: (516)294-5200 / / Sworn to before me this bTICÒ É LEYDON 16th day of March 2021 NOTAl Y PUBLfC EXANDER KRAN III NOTARY PUBLIC STATE OF NEW YORK Registration No. 02KR5015843 Qualified in New Yor C v Commission unty Expires: 3 6 of 7 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 26 RECEIVED INDEX NO. 05/12/2021 NYSCEF: 35123/2019E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. 35123/2019E _______-------- __ ______ _____ __ . - __ - ___ _______ ___ ___ __ _ _ ___________ TYKIMA THOMPSON, Plaintiff, -against- EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendant. _____- _-__________________________________________ NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIRMATION OF COMPLIANC E _________________________________________ LEAV & STEINBERG, LLP Attorneys fby Plaintiff 75 Broad Street, Suite 1601 New York, New York 10004 (212) 766-5222 7 of 7