Preview
FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
NOTE OF ISSUE
: For Use of Clerk :
: :
Calendar No. (if any) : :
: :
Index No: 500661/2021 : :
: :
Justice Honorable Gina C. Capone : :
: :
Supreme Court, New York County, New York
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM x
EXECUTIVE RISK INDEMNITY, INC. a/s/o Index No. 500661/2021
JEREMY GLICK and REBECCA GLICK,
Plaintiff,
v.
CHEFALO CARPENTRY AND CONSTRUCTION
LLC and STEPHAN CONKLIN,
Defendants, x
CHEFALO CARPENTRY & CONSTRUCTION LLC,
Third-Party
Plaintiff,
v.
STEPHAN CONKLIN,
Third-Party
Defendant.
--------------------------------------------x
NOTICE FOR TRIAL
X Trial by Jury Demanded
X Of All Issues
Of Issues Specified Below or Attached Hereto
Trial Without Jury
Filed by Attorneys for Plaintiff(s): Eustace, Prezioso & Yapchanyk
Date Summons Served: 5/13/2021
Date service Complete: 7/07/2021
Date Issue Joined: 9/2/2021
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FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
NATURE OF ACTION OR SPECIAL PROCEEDING
Tort:
Motor Vehicle Negligence
Medical Malpractice
X Other Tort – PROPERTY DAMAGE
Contract
Contested Matrimonial
Uncontested Matrimonial
Tax Certiorari
Condemnation
Other (not itemized above) specify
This action is brought as a class action
This is a medical malpractice action: panel procedures prescribed by court rules
pursuant to Jud. Section 148-a
Have Been Completed Have Not Been Completed
Amount of demand $
Other Relief
Special Preference Claimed Under
on the ground that
Insurance Carrier(s), if known:
Executive Risk Indemnity, Inc. for plaintiff.
Attorneys for Plaintiff(s): EUSTACE, PREZIOSO & YAPCHANYK
Office & P.O. Address: 55 Water Street, 28th Floor
New York, New York 10041
Phone Number: (212) 612-4200
Attorneys for Executive Risk Indemnity, Inc.
Attorneys for Defendant: MACKEY BUTTS & WHALEN, LLP
Stephan Conklin
Office & P.O. Address: 319 Mill Street
Poughkeepsie, New York 12601
Phone Number: 845-452-4000
Attorneys for Defendant/ Milber Makris Plousadis & Seiden, LLP
Third-Party Plaintiff: Chefalo Carpentry & Construction LLC
Office & P.O. Address: 100 Manhattanville Road, Suite 4E20
Purchase, New York 10577
Phone Number: (914) 231-8070
NOTE: Clerk will not accept this note of issue unless accompanied by a Certificate of Readiness,
or, in a medical malpractice action, unless, where applicable, the Certificate of Readiness
previously has been filed and the panel procedures prescribed by the court rules pursuant to
Section 148-a of the Judiciary Law have been completed.
2
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FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-7 must be checked)
: For Clerk’s Use :
: N.I served :
: on :
: :
: :
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 Rules in Matrimonial X
Actions (22 NYCRR 202.66)
7. Discovery Proceedings Now Known To Be
Necessary Completed
8. There Are No 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 The Precalendar Rules (22
NYCRR 202.12)
11. If A Medical Malpractice Action, There Has
Been Compliance With Any Order Issued
Pursuant to 22 NYCRR202.56
12. The Case is Ready For Trial
DATED: September 1, 2023
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Plaintiff
Executive Risk Indemnity, Inc.
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
By:
Michael S. Munger
4
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FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM x
EXECUTIVE RISK INDEMNITY, INC. a/s/o Index No. 500661/2021
JEREMY GLICK and REBECCA GLICK,
Plaintiff, AFFIRMATION TO FILE
NOTE OF ISSUE
v.
CHEFALO CARPENTRY AND CONSTRUCTION
LLC and STEPHAN CONKLIN,
Defendants, x
CHEFALO CARPENTRY & CONSTRUCTION LLC,
Third-Party
Plaintiff,
v.
STEPHAN CONKLIN,
Third-Party
Defendant.
------------------------------------------------------------------x
Michael S. Munger, an attorney admitted to practice in the courts of this State, affirms the
following statement to be true under the penalties of perjury, pursuant to CPLR 2106:
1. I am associated with EUSTACE, PREZIOSO & YAPCHANYK, attorneys for plaintiff in
this action, and make this affirmation as directed by the Honorable Justice Alexandra D. Murphy that
the Note of Issue be filed by September 1, 2023.
2. All directives of the Preliminary Conference Order and subsequent Compliance
Conference Orders have been met “with the exception of the outstanding Post EBT Demands”.
3. The case is ready for trial, subject to completion of the aforementioned outstanding
2
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FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
discovery and thus the Note of Issue and Certificate of Readiness are being filed as ordered.
WHEREFORE, it is respectfully requested that the Note of Issue and Certificate of
Readiness be filed.
DATED: September 1, 2023
New York, New York
Michael S. Munger
To:
Mackey Butts & Whalen, LLP
Attorneys for Defendant
Stephan Conklin
319 Mill Street
Poughkeepsie, New York 12601
845-452-4000
Milber Makris Plousadis & Seiden, LLP
Attorneys for Defendant/Third-Party Plaintiff
Chefalo Carpentry & Construction LLC
100 Manhattanville Road, Suite 4E20
Purchase, New York 10577
914-231-8070
3
5 of 6
FILED: PUTNAM COUNTY CLERK 09/21/2023
09/01/2023 11:46
12:37 AM
PM INDEX NO. 500661/2021
NYSCEF DOC. NO. 76
64 RECEIVED NYSCEF: 09/21/2023
09/01/2023
Index No. 500661/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
EXECUTIVE RISK INDEMNITY, INC. a/s/o JEREMY GLICK and REBECCA GLICK,
Plaintiff,
CHEFALO CARPENTRY AND CONSTRUCTION LLC and STEPHAN CONKLIN,
Defendants,
AND THIRD PARTY
NOTE OF ISSUE, CERTIFICATE OF READINESS FOR TRIAL and
AFFIRMATION TO FILE NOTE OF ISSUE
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Plaintiff
EXECUTIVE RISK INDEMNITY, INC. a/s/o
JEREMY GLICK and REBECCA GLICK
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
6 of 6
Preview
FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 NOTE OF ISSUE : For Use of Clerk : : : Calendar No. (if any) : : : : Index No: 500661/2021 : : : : Justice Honorable Gina C. Capone : : : : Supreme Court, New York County, New York SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM x EXECUTIVE RISK INDEMNITY, INC. a/s/o Index No. 500661/2021 JEREMY GLICK and REBECCA GLICK, Plaintiff, v. CHEFALO CARPENTRY AND CONSTRUCTION LLC and STEPHAN CONKLIN, Defendants, x CHEFALO CARPENTRY & CONSTRUCTION LLC, Third-Party Plaintiff, v. STEPHAN CONKLIN, Third-Party Defendant. --------------------------------------------x NOTICE FOR TRIAL X Trial by Jury Demanded X Of All Issues Of Issues Specified Below or Attached Hereto Trial Without Jury Filed by Attorneys for Plaintiff(s): Eustace, Prezioso & Yapchanyk Date Summons Served: 5/13/2021 Date service Complete: 7/07/2021 Date Issue Joined: 9/2/2021 1 of 6 FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 NATURE OF ACTION OR SPECIAL PROCEEDING Tort: Motor Vehicle Negligence Medical Malpractice X Other Tort – PROPERTY DAMAGE Contract Contested Matrimonial Uncontested Matrimonial Tax Certiorari Condemnation Other (not itemized above) specify This action is brought as a class action This is a medical malpractice action: panel procedures prescribed by court rules pursuant to Jud. Section 148-a Have Been Completed Have Not Been Completed Amount of demand $ Other Relief Special Preference Claimed Under on the ground that Insurance Carrier(s), if known: Executive Risk Indemnity, Inc. for plaintiff. Attorneys for Plaintiff(s): EUSTACE, PREZIOSO & YAPCHANYK Office & P.O. Address: 55 Water Street, 28th Floor New York, New York 10041 Phone Number: (212) 612-4200 Attorneys for Executive Risk Indemnity, Inc. Attorneys for Defendant: MACKEY BUTTS & WHALEN, LLP Stephan Conklin Office & P.O. Address: 319 Mill Street Poughkeepsie, New York 12601 Phone Number: 845-452-4000 Attorneys for Defendant/ Milber Makris Plousadis & Seiden, LLP Third-Party Plaintiff: Chefalo Carpentry & Construction LLC Office & P.O. Address: 100 Manhattanville Road, Suite 4E20 Purchase, New York 10577 Phone Number: (914) 231-8070 NOTE: Clerk will not accept this note of issue unless accompanied by a Certificate of Readiness, or, in a medical malpractice action, unless, where applicable, the Certificate of Readiness previously has been filed and the panel procedures prescribed by the court rules pursuant to Section 148-a of the Judiciary Law have been completed. 2 2 of 6 FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 must be checked) : For Clerk’s Use : : N.I served : : on : : : : : 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 Rules in Matrimonial X Actions (22 NYCRR 202.66) 7. Discovery Proceedings Now Known To Be Necessary Completed 8. There Are No 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 The Precalendar Rules (22 NYCRR 202.12) 11. If A Medical Malpractice Action, There Has Been Compliance With Any Order Issued Pursuant to 22 NYCRR202.56 12. The Case is Ready For Trial DATED: September 1, 2023 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Plaintiff Executive Risk Indemnity, Inc. 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By: Michael S. Munger 4 3 of 6 FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM x EXECUTIVE RISK INDEMNITY, INC. a/s/o Index No. 500661/2021 JEREMY GLICK and REBECCA GLICK, Plaintiff, AFFIRMATION TO FILE NOTE OF ISSUE v. CHEFALO CARPENTRY AND CONSTRUCTION LLC and STEPHAN CONKLIN, Defendants, x CHEFALO CARPENTRY & CONSTRUCTION LLC, Third-Party Plaintiff, v. STEPHAN CONKLIN, Third-Party Defendant. ------------------------------------------------------------------x Michael S. Munger, an attorney admitted to practice in the courts of this State, affirms the following statement to be true under the penalties of perjury, pursuant to CPLR 2106: 1. I am associated with EUSTACE, PREZIOSO & YAPCHANYK, attorneys for plaintiff in this action, and make this affirmation as directed by the Honorable Justice Alexandra D. Murphy that the Note of Issue be filed by September 1, 2023. 2. All directives of the Preliminary Conference Order and subsequent Compliance Conference Orders have been met “with the exception of the outstanding Post EBT Demands”. 3. The case is ready for trial, subject to completion of the aforementioned outstanding 2 4 of 6 FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 discovery and thus the Note of Issue and Certificate of Readiness are being filed as ordered. WHEREFORE, it is respectfully requested that the Note of Issue and Certificate of Readiness be filed. DATED: September 1, 2023 New York, New York Michael S. Munger To: Mackey Butts & Whalen, LLP Attorneys for Defendant Stephan Conklin 319 Mill Street Poughkeepsie, New York 12601 845-452-4000 Milber Makris Plousadis & Seiden, LLP Attorneys for Defendant/Third-Party Plaintiff Chefalo Carpentry & Construction LLC 100 Manhattanville Road, Suite 4E20 Purchase, New York 10577 914-231-8070 3 5 of 6 FILED: PUTNAM COUNTY CLERK 09/21/2023 09/01/2023 11:46 12:37 AM PM INDEX NO. 500661/2021 NYSCEF DOC. NO. 76 64 RECEIVED NYSCEF: 09/21/2023 09/01/2023 Index No. 500661/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM EXECUTIVE RISK INDEMNITY, INC. a/s/o JEREMY GLICK and REBECCA GLICK, Plaintiff, CHEFALO CARPENTRY AND CONSTRUCTION LLC and STEPHAN CONKLIN, Defendants, AND THIRD PARTY NOTE OF ISSUE, CERTIFICATE OF READINESS FOR TRIAL and AFFIRMATION TO FILE NOTE OF ISSUE EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Plaintiff EXECUTIVE RISK INDEMNITY, INC. a/s/o JEREMY GLICK and REBECCA GLICK 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 6 of 6