On June 08, 2020 a
Order
was filed
involving a dispute between
Zurich American Insurance Company A S O 250 Broadway Associates Corp. And 250 Broadway Owner Llc, As Successor-In-Interest By Restructuring And Or Merger To 250 Broadway Associates Corp.,
and
East Coast Mechanical Contracting Corp.,
for Torts - Other Negligence (Failure to Secure/Inspect)
in the District Court of New York County.
Preview
INDEX NO. 154039/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/02/2020
HOUUU ADORE
ACU VEN VAT TT
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK
INDIVIDUAL ASSIGNMENT PART [OR JUSTICE] HON. SHLOMO S. HAGLER
ZURICH AMERICAN INSURANCE COMPANY TAS Part:
17
Plaintiff (s), Index No.: 154039/2020
- against - DCM Track: Standard
EAST COAST MECHANICAL CONTRACTING Appearance no: 001
CORP.
Defendant(s). PRELIMINARY CONFERENCE
ORDER
(202.8, 202.12 and 202.19 of the Uniform Rules)
APPEARANCES
Plaintiffs):_David S. Huberman, Esquire, White and Williams LLP. for i
Defendant(s):_Matthew Cueter, Esquire, Lewis Brisbois Bisgaard & Smith, for East Coast Mechanical Contracting Corp.
It is hereby ORDERED that disclosure shall proceed as follows:
(1) Insurance Coverage: If not already provided, shall be furnished by Defendant on or before 11/2/20
(2) Bill of Particulars:
(a) Demand for a bill of particulars shall be served by _ already served on or before NIA
(b) Bill of particulars shall be served by _ already served on or before N/A
(c) A supplemental bill of particulars shall be served by N/A as to Items
on or before NIA
(3) Medical Reports and Authorizations:
Shall be served as follows: NIA
(4) Physical Examination:
(a) Examinationof _N/A shall be held
(b) A copy of the physician's report shall be furnished to plaintiff within NA days of the examination.
(5) Depositions: Depositions of 1 Plaintiff(s) O1 Defendant(s) LAXAII Parties shall be held
Plaintiff's adjuster -1/11/21; Plaintiff's insured - 1/13/21; Defendant - 115/21
—
en ~ “= — —
(6) Other Disclosure:
(a) All parties, on or before 11/2/20 , shall exchange names and addresses of all eye witnesses
and notice witnesses, statements of opposing parties, and photographs, or, if none, provide an affirmation to that
effect.
(b) Authorization for plaintiff s(s’) employment records for the period _N/A
shall be furnished on or before N/A
(c) Demand for discovery and inspection shall be served by ail parties
on or before 11 2 . The items sought shall be produced to the extent not
objected to, and objections, if any, shall be stated on or before 12/2/20
(d) Other [interrogatories, etc.) WA
1 of 2
= INDEX NO. 154039/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/02/2020
HILAL ALUTEHME QUAD MUI OMU UME A
Case Name: ZURICH INS CO v. EAST COAST MECHANICAL Index No:_154039/2020_ pc ORDER - Page 2
(7) End Date for All Dis¢los:
0D
(8) Impleader: Shall be completed on or before 1/15/21
(9) Compliance Conference: Shall be held on Alto [2tat (640™
(10) Motions: Any dispositive motion(s) shall be made on or before C20 bare oftrc Lili AX 70 om
(11) Note of Issue: Phu tel shall A le a note of issue/certificate of readiness on or
before HN 2 . A copy Of this order, an affirmation stating that the terms of the
order have been coniplied with, and affidavit of service of the affirmation and note of issue shall be served and filed with
the note of issue on or before said date.
FAILURE TO COMPLY WITH ANY OF THESE DIRECTIVES MAY RESULT IN THE IMPOSITION OF COSTS OR
SANCTIONS OR OTHER ACTION AUTHORIZED BY LAW. DATES SET FORTH HEREIN MAY NOT BE
ADJOURNED EXCEPT WITH ADVANCE APPROVAL OF THE COURT:
Dated. 09/25/2020
HON. SHLOMOS. HAGLER
ADDITIONAL DIRECTIVES
In addition to the directives set forth above, it is further ORDERED as follows:
Defendant to provide responses to Plaintiff's Combined Demands and Notice for Discovery and Inspection by 11/2/20
SO ORDERED:
Dated. 09/25/2020
ISLC.
HON. SHLOMOS, HAGLER
‘TS-13a (REV 1/03/17)
2 of 2
Document Filed Date
October 02, 2020
Case Filing Date
June 08, 2020
Category
Torts - Other Negligence (Failure to Secure/Inspect)
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INDEX NO. 154039/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/02/2020 HOUUU ADORE ACU VEN VAT TT SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK INDIVIDUAL ASSIGNMENT PART [OR JUSTICE] HON. SHLOMO S. HAGLER ZURICH AMERICAN INSURANCE COMPANY TAS Part: 17 Plaintiff (s), Index No.: 154039/2020 - against - DCM Track: Standard EAST COAST MECHANICAL CONTRACTING Appearance no: 001 CORP. Defendant(s). PRELIMINARY CONFERENCE ORDER (202.8, 202.12 and 202.19 of the Uniform Rules) APPEARANCES Plaintiffs):_David S. Huberman, Esquire, White and Williams LLP. for i Defendant(s):_Matthew Cueter, Esquire, Lewis Brisbois Bisgaard & Smith, for East Coast Mechanical Contracting Corp. It is hereby ORDERED that disclosure shall proceed as follows: (1) Insurance Coverage: If not already provided, shall be furnished by Defendant on or before 11/2/20 (2) Bill of Particulars: (a) Demand for a bill of particulars shall be served by _ already served on or before NIA (b) Bill of particulars shall be served by _ already served on or before N/A (c) A supplemental bill of particulars shall be served by N/A as to Items on or before NIA (3) Medical Reports and Authorizations: Shall be served as follows: NIA (4) Physical Examination: (a) Examinationof _N/A shall be held (b) A copy of the physician's report shall be furnished to plaintiff within NA days of the examination. (5) Depositions: Depositions of 1 Plaintiff(s) O1 Defendant(s) LAXAII Parties shall be held Plaintiff's adjuster -1/11/21; Plaintiff's insured - 1/13/21; Defendant - 115/21 — en ~ “= — — (6) Other Disclosure: (a) All parties, on or before 11/2/20 , shall exchange names and addresses of all eye witnesses and notice witnesses, statements of opposing parties, and photographs, or, if none, provide an affirmation to that effect. (b) Authorization for plaintiff s(s’) employment records for the period _N/A shall be furnished on or before N/A (c) Demand for discovery and inspection shall be served by ail parties on or before 11 2 . The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or before 12/2/20 (d) Other [interrogatories, etc.) WA 1 of 2 = INDEX NO. 154039/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/02/2020 HILAL ALUTEHME QUAD MUI OMU UME A Case Name: ZURICH INS CO v. EAST COAST MECHANICAL Index No:_154039/2020_ pc ORDER - Page 2 (7) End Date for All Dis¢los: 0D (8) Impleader: Shall be completed on or before 1/15/21 (9) Compliance Conference: Shall be held on Alto [2tat (640™ (10) Motions: Any dispositive motion(s) shall be made on or before C20 bare oftrc Lili AX 70 om (11) Note of Issue: Phu tel shall A le a note of issue/certificate of readiness on or before HN 2 . A copy Of this order, an affirmation stating that the terms of the order have been coniplied with, and affidavit of service of the affirmation and note of issue shall be served and filed with the note of issue on or before said date. FAILURE TO COMPLY WITH ANY OF THESE DIRECTIVES MAY RESULT IN THE IMPOSITION OF COSTS OR SANCTIONS OR OTHER ACTION AUTHORIZED BY LAW. DATES SET FORTH HEREIN MAY NOT BE ADJOURNED EXCEPT WITH ADVANCE APPROVAL OF THE COURT: Dated. 09/25/2020 HON. SHLOMOS. HAGLER ADDITIONAL DIRECTIVES In addition to the directives set forth above, it is further ORDERED as follows: Defendant to provide responses to Plaintiff's Combined Demands and Notice for Discovery and Inspection by 11/2/20 SO ORDERED: Dated. 09/25/2020 ISLC. HON. SHLOMOS, HAGLER ‘TS-13a (REV 1/03/17) 2 of 2