On December 30, 2022 a
Order
was filed
involving a dispute between
Linda Olivia,
and
Tops Friendly Markets #535,
Tops Markets, Inc.,
for Torts - Other (Slip and Fall)
in the District Court of Putnam County.
Preview
FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023
!FILED: PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM)
NYSCEF DOC. NO. 27 INDEX NYSCEF:
RECEIVED NO. 500001/2023
09/28/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023
SUPREME COURT : PUTNAM COUNTY
HON. GINA C CAPONE, JUSTICE SUPREME COURT
PRELIMINARY CONFERENCE
STIPULATION & ORDER
Plaintiff(s),
(§§202.12 & 202.19 of the Uniform Rules)
S01'Xll /xm
-against-
Index No
Conference Date: ______ _
Discovery Completion Date: ____
Expedited (8 mos.) _ _____
Standard (12 mos.) _______
Complex (15 mos.)______ _
---------------------------
ALL ITEMS ON THIS FORM MUST BE COMPLETED.
WRITE "NOT APPLICABLE" (N/A) WHERE APPROPRIATE.
IF YOU ENCOUNTER PROBLEMS WITH SCHEDULING OR COMPLETING ITEMS ON TIME,
CONTACT THE COURT AND A CONFERENCE WILL BE SCHEDULED.
IT IS HEREBY STIPULATED AND ORDERED that disclosure shall proceed as follows:
Insurance Coverage: If not already provided, shall be furnished by 8/1/23 on or
(1)
before ----------
(2) Bill of Particulars: 1/1
a. Demand for a Bill of Particulars shall be served by _--=--t;,_/�
___::;__�---- _______ on or before
b. Bill of Particulars shall be served by ____,_/_J.,e;__-=--'7)
--"
_____________
-"\L--, on or
before -----------
c. A Supplemental Bill of Particulars shall be served by ______________ as to
items ---------------- on or before -----------
(3) Medical Reports and Authorizations:
Shall be served as follows: /)
----'--"----"----""-'=------ and ongoing through discovery as necessary
----------------
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FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF:
INDEX NO. 09/28/2023
500001/2023
!FILED: PUTNAM COUNTY CLERK 04/05/2023 03:47 PM)
NYSCEF 00C. NO. 6 RECEIVED NYSCEF: 04/05/2023
(4) Physical Examination:
a. Examination of 1 � b:;J 1 '�j,J!{ shall be held within 60� 'f--J � / -�/Eti] /.
I
b. A copy of the physician's report shall be furnished to plaintiffwithin __
_ 60_ days of the examination.
(5) Depositions: Depositions of
I' J Plaintiff(1) [ ] Defendant(s) [✓� Parties
e+->-;/4 �·� �10 �(.,...._��I' _-l________
shall be held_____.f'?�· ------.)f-1,,/�-/
(6) Other Disclosure:
a. All parties, on or before 7 7/(J7.l-:_f
, , shall exchange names and addresses of all witnesses,
statements of opposing parties and photographs, or, if none, provide an affinnation to that effect.
b. Authorization for plaintiff(s)' employment records for the period --'-/{/,�--,'½ 1/J--'------' shall be
I
-----'-
furnished on or before -------------
c. Demand for discovery and inspection shall be served by _/Y
_�
'-------------- on or
before 8/ I/ j___J
r ,
. The items sought shall be produced to the extent not objected to, and
objections, if any, shall be stated on or before __ ___ ___ ___ __ _ __
_
d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101 (g)
by b,. h/{�t:,1-.e, 8//J 7.b-1
e. Other [interrogatories (CPLR 3130), etc.] _____________________
f. Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within
./J fb"'- £-- days.
(7) End Date for All Disclosure [must be within 12 months, or 15 months for a complex case]:
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FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023
NYSCEF DOC. NO. 27 RECEIVED
INDEX NYSCEF:
NO. 09/28/2023
500001/2023
|FILED : PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM)
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023
(8) Impleader: Motion(s) to amend the pleadings; or to add parties. Shall be completed on or before
.
(9) Compliance Conference shall be held on 10/2/2023 at 9:30 a.m. to monitor the progress of
discovery, explore potential settlement, and set a deadline for the filing of the Note of Issue.
(10) Trial Readiness Conference (to be scheduled by the Court):
(11) Expert Disclosure:
Plaintiff(s) shall provide expert disclosure in accordance with Part Rules. Defendant(s) shall provide expert
disclosure in accordance with Part Rules.
Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action,
damage or defense shall serve its response to an expert demand pursuant to CPLR §3101(d) on or before the filing of
the Note of Issue, if not sooner filed. Any opposing party shall serve its answering response pursuant to CPLR
§3101(d) within 60 days after the filing of the Note of Issue. Any amended or supplemental expert disclosure shall
be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply
with this rule may be precluded from offering the testimony and opinions of the expert for whom a timely response
has not been given.
A response to any demand made pursuant to CPLR §3101(d)(1) shall be made within 30 days of retaining
such expert.
(12) Note of Issue:
March 30, 2023
Plaintiff shall file a Note of Issue/Certificate of Readiness on or before .
(13) Pre-Trial Conference shall be held on at 9:30 a.m.
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FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/28/2023
Note Of Issue.
All motions and answering papers are ordered to be filed directly with the Putnam County Clerk.
No papers will be accepted by Chambers without proof of thefiling fees having been paid.
(15) The parties shall ensure that a Stipulation of Discontinuance shall be promptly filed if the case settles before
the next meeting with the Court.
(16) All parties shall comply with this Part's Rules, and counsel acknowledge they have read and understand the
Part Rules.
Failure to comply with any of these directives may result in the imposition of costs or sanctions or other action
authorized bY. law.
�
�tilJWSignaffire Firm Name ) /
Attorney for Defendant(s) Signature KENNEY SHELTPN LIPTAK NOWAK LLP
Attorney for Defendant(s) Signature Print Firm Name
Dated: 7-3-23
Cannel, New York
SO ORDERED:
Dated: September 28, 2023
Hon. Gina C. Capone, J.S.C.
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FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023
NYSCEF DOC. NO. 27 INDEX NYSCEF:
RECEIVED NO. 500001/2023
09/28/2023
FILED : PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM|
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023
ADDITIONAL DIRECTIVES
In addition to the directives set forth on the annexed pages, it is further ORDERED as follows:
Dated: Carmel, New York
September 28, 2023
SO ORDERED:
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Document Filed Date
September 28, 2023
Case Filing Date
December 30, 2022
Category
Torts - Other (Slip and Fall)
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Preview
FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023 !FILED: PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM) NYSCEF DOC. NO. 27 INDEX NYSCEF: RECEIVED NO. 500001/2023 09/28/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023 SUPREME COURT : PUTNAM COUNTY HON. GINA C CAPONE, JUSTICE SUPREME COURT PRELIMINARY CONFERENCE STIPULATION & ORDER Plaintiff(s), (§§202.12 & 202.19 of the Uniform Rules) S01'Xll /xm -against- Index No Conference Date: ______ _ Discovery Completion Date: ____ Expedited (8 mos.) _ _____ Standard (12 mos.) _______ Complex (15 mos.)______ _ --------------------------- ALL ITEMS ON THIS FORM MUST BE COMPLETED. WRITE "NOT APPLICABLE" (N/A) WHERE APPROPRIATE. IF YOU ENCOUNTER PROBLEMS WITH SCHEDULING OR COMPLETING ITEMS ON TIME, CONTACT THE COURT AND A CONFERENCE WILL BE SCHEDULED. IT IS HEREBY STIPULATED AND ORDERED that disclosure shall proceed as follows: Insurance Coverage: If not already provided, shall be furnished by 8/1/23 on or (1) before ---------- (2) Bill of Particulars: 1/1 a. Demand for a Bill of Particulars shall be served by _--=--t;,_/� ___::;__�---- _______ on or before b. Bill of Particulars shall be served by ____,_/_J.,e;__-=--'7) --" _____________ -"\L--, on or before ----------- c. A Supplemental Bill of Particulars shall be served by ______________ as to items ---------------- on or before ----------- (3) Medical Reports and Authorizations: Shall be served as follows: /) ----'--"----"----""-'=------ and ongoing through discovery as necessary ---------------- 2 of 6 1 of 5 FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: INDEX NO. 09/28/2023 500001/2023 !FILED: PUTNAM COUNTY CLERK 04/05/2023 03:47 PM) NYSCEF 00C. NO. 6 RECEIVED NYSCEF: 04/05/2023 (4) Physical Examination: a. Examination of 1 � b:;J 1 '�j,J!{ shall be held within 60� 'f--J � / -�/Eti] /. I b. A copy of the physician's report shall be furnished to plaintiffwithin __ _ 60_ days of the examination. (5) Depositions: Depositions of I' J Plaintiff(1) [ ] Defendant(s) [✓� Parties e+->-;/4 �·� �10 �(.,...._��I' _-l________ shall be held_____.f'?�· ------.)f-1,,/�-/ (6) Other Disclosure: a. All parties, on or before 7 7/(J7.l-:_f , , shall exchange names and addresses of all witnesses, statements of opposing parties and photographs, or, if none, provide an affinnation to that effect. b. Authorization for plaintiff(s)' employment records for the period --'-/{/,�--,'½ 1/J--'------' shall be I -----'- furnished on or before ------------- c. Demand for discovery and inspection shall be served by _/Y _� '-------------- on or before 8/ I/ j___J r , . The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or before __ ___ ___ ___ __ _ __ _ d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101 (g) by b,. h/{�t:,1-.e, 8//J 7.b-1 e. Other [interrogatories (CPLR 3130), etc.] _____________________ f. Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within ./J fb"'- £-- days. (7) End Date for All Disclosure [must be within 12 months, or 15 months for a complex case]: 3 of 6 2 of 5 FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023 NYSCEF DOC. NO. 27 RECEIVED INDEX NYSCEF: NO. 09/28/2023 500001/2023 |FILED : PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM) NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023 (8) Impleader: Motion(s) to amend the pleadings; or to add parties. Shall be completed on or before . (9) Compliance Conference shall be held on 10/2/2023 at 9:30 a.m. to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the Note of Issue. (10) Trial Readiness Conference (to be scheduled by the Court): (11) Expert Disclosure: Plaintiff(s) shall provide expert disclosure in accordance with Part Rules. Defendant(s) shall provide expert disclosure in accordance with Part Rules. Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action, damage or defense shall serve its response to an expert demand pursuant to CPLR §3101(d) on or before the filing of the Note of Issue, if not sooner filed. Any opposing party shall serve its answering response pursuant to CPLR §3101(d) within 60 days after the filing of the Note of Issue. Any amended or supplemental expert disclosure shall be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply with this rule may be precluded from offering the testimony and opinions of the expert for whom a timely response has not been given. A response to any demand made pursuant to CPLR §3101(d)(1) shall be made within 30 days of retaining such expert. (12) Note of Issue: March 30, 2023 Plaintiff shall file a Note of Issue/Certificate of Readiness on or before . (13) Pre-Trial Conference shall be held on at 9:30 a.m. 4 of 6 3 of 5 FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/28/2023 Note Of Issue. All motions and answering papers are ordered to be filed directly with the Putnam County Clerk. No papers will be accepted by Chambers without proof of thefiling fees having been paid. (15) The parties shall ensure that a Stipulation of Discontinuance shall be promptly filed if the case settles before the next meeting with the Court. (16) All parties shall comply with this Part's Rules, and counsel acknowledge they have read and understand the Part Rules. Failure to comply with any of these directives may result in the imposition of costs or sanctions or other action authorized bY. law. � �tilJWSignaffire Firm Name ) / Attorney for Defendant(s) Signature KENNEY SHELTPN LIPTAK NOWAK LLP Attorney for Defendant(s) Signature Print Firm Name Dated: 7-3-23 Cannel, New York SO ORDERED: Dated: September 28, 2023 Hon. Gina C. Capone, J.S.C. 4 5 of 6 4 of 5 FILED: PUTNAM COUNTY CLERK 09/28/2023 03:52 PM INDEX NO. 500001/2023 NYSCEF DOC. NO. 27 INDEX NYSCEF: RECEIVED NO. 500001/2023 09/28/2023 FILED : PUTNAM COUNTY CLERK 04/05/2023 03: 47 PM| NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/05/2023 ADDITIONAL DIRECTIVES In addition to the directives set forth on the annexed pages, it is further ORDERED as follows: Dated: Carmel, New York September 28, 2023 SO ORDERED: 5 6 of 6 5 of 5