On October 22, 2020 a
Party Discovery
was filed
involving a dispute between
James Francisco,
Katie Francisco,
and
Darrin Perrotte,
Hilltop Custom Landscape & Design,
Hilltop Custom Landscape & Design Llc,
for Commercial - Contract
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021
NEW YORK SUPREME COURT
COUNTY OF CLINTON
HON. TIMOTHY J. LAWLISS
__
KATIE FRANCISCO AND JAMES FRANCISCO,
Plaintiffs,
-against-
DARRIN PERROTTE d/b/a HILLTOP CUSTOM
LANDSCAPE AND DESIGN and HILLTOP CUSTOM
LANDSCAPE AND DESIGN, LLC,
Defendants.
PLAINTIFFS'
PROPOSED REQUEST TO CHARGE
LAW OFFICES OF JOE MUCIA, P.C. STAFFORD, OWENS, PILLER,
Attorneys for Plaintiffs MURNANE, KELLEHER &
Joe Mucia, Esq. of counsel TROMBLEY, PLLC.
PO BOX 2865 Attorneys for Defendants
Plattsburgh, New York 12901 Justin R. Meyer, Esq., of counsel
518 566 4100 PO BOX 2947
1 CUMBERLAND AVENUE
Plattsburgh, New York 12901
518-561-4400
Clinton County Clerk's Index No. 2019-1622
RH No. 09-1-2019-0579
PJI 1:20 Introduction
PJI 1:21 Review Principles Stated
PJI 1:23 Burden of Proof
PJI 1:24 Return to Courtroom
PJI 1:25 Consider Only Testimony and Exhibits
1 of 3
FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021
PH 1:28 Conclusion
PJI 1:29 Alternate Jurors
PJI 1:70 Circumstantial Evidence
PJI 1:90 General Instruction- Expert Witness
PJI 1:97 General Instruction-Special Verdicts and
General Verdicts Supported by Written
Interrogatories
PJI 2:277 Damages-General
PJI 4:1 Contracts -Elements
PLAINTIFFS'
PROPOSED VERDICT SHEET
IT IS NECESSARY THAT ONt Y FIVE JURORS AGREE UPON ANY SINGLE QUESTION
TO DETERMINE THE ANSWER TO BE REPORTED. IT ISNOT NECESSARY THAT THE
SAME FIVE JURORS AGREE ON EACH QUESTION.
Question 1: On Plaintiff's Katie Francisco and James Francsico's claim against Defendants
Darrin Perrotte d/b/a Hilltop Custom Landscape and Design and Hilltop Custom Landscape and
Design, LLC for BREACH OF CONTRACT, do you find for the Plaintiffs or the Defendants?
PLAINTIFF _DEFENDANTS
SIGN BELOW
YES NO
-2-
2 of 3
FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021
If your answer to Question 2 was PLAINTIFFS, how much do you award Plaintiff in money
damages?
ANSWER: $
At least five jurors must agree on the answer to this question.
SIGN BELOW
YES NO
Dated: May 28, 2021 Respectfully submitted,
By:
LAW OFFICES OF JOE MUCIA, P.C.
Attorneys for Plaintiff
By: Joe Mucia, Esq.
PO Box 2865
Plattsburgh, New York 12901
(518) 566-4100
-3-
3 of 3
Document Filed Date
May 28, 2021
Case Filing Date
October 22, 2020
Category
Commercial - Contract
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FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021 NEW YORK SUPREME COURT COUNTY OF CLINTON HON. TIMOTHY J. LAWLISS __ KATIE FRANCISCO AND JAMES FRANCISCO, Plaintiffs, -against- DARRIN PERROTTE d/b/a HILLTOP CUSTOM LANDSCAPE AND DESIGN and HILLTOP CUSTOM LANDSCAPE AND DESIGN, LLC, Defendants. PLAINTIFFS' PROPOSED REQUEST TO CHARGE LAW OFFICES OF JOE MUCIA, P.C. STAFFORD, OWENS, PILLER, Attorneys for Plaintiffs MURNANE, KELLEHER & Joe Mucia, Esq. of counsel TROMBLEY, PLLC. PO BOX 2865 Attorneys for Defendants Plattsburgh, New York 12901 Justin R. Meyer, Esq., of counsel 518 566 4100 PO BOX 2947 1 CUMBERLAND AVENUE Plattsburgh, New York 12901 518-561-4400 Clinton County Clerk's Index No. 2019-1622 RH No. 09-1-2019-0579 PJI 1:20 Introduction PJI 1:21 Review Principles Stated PJI 1:23 Burden of Proof PJI 1:24 Return to Courtroom PJI 1:25 Consider Only Testimony and Exhibits 1 of 3 FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021 PH 1:28 Conclusion PJI 1:29 Alternate Jurors PJI 1:70 Circumstantial Evidence PJI 1:90 General Instruction- Expert Witness PJI 1:97 General Instruction-Special Verdicts and General Verdicts Supported by Written Interrogatories PJI 2:277 Damages-General PJI 4:1 Contracts -Elements PLAINTIFFS' PROPOSED VERDICT SHEET IT IS NECESSARY THAT ONt Y FIVE JURORS AGREE UPON ANY SINGLE QUESTION TO DETERMINE THE ANSWER TO BE REPORTED. IT ISNOT NECESSARY THAT THE SAME FIVE JURORS AGREE ON EACH QUESTION. Question 1: On Plaintiff's Katie Francisco and James Francsico's claim against Defendants Darrin Perrotte d/b/a Hilltop Custom Landscape and Design and Hilltop Custom Landscape and Design, LLC for BREACH OF CONTRACT, do you find for the Plaintiffs or the Defendants? PLAINTIFF _DEFENDANTS SIGN BELOW YES NO -2- 2 of 3 FILED: CLINTON COUNTY CLERK 05/28/2021 01:07 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 05/28/2021 If your answer to Question 2 was PLAINTIFFS, how much do you award Plaintiff in money damages? ANSWER: $ At least five jurors must agree on the answer to this question. SIGN BELOW YES NO Dated: May 28, 2021 Respectfully submitted, By: LAW OFFICES OF JOE MUCIA, P.C. Attorneys for Plaintiff By: Joe Mucia, Esq. PO Box 2865 Plattsburgh, New York 12901 (518) 566-4100 -3- 3 of 3