Preview
INDEX NO. 604900/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 12/11/2023
SUPREME COURT COUNTY OF NASSAU
IAS JUSTICE HON. Thomas Rademaker
wneenee: fectmemeen aa Index No.: 604900/2023
ANDIFRED REALTY CORP. PRELIMINARY CONFERENCE ORDER
-against- Sections 202.8 & 202.12 & 202.19 of the
THE CINCINNATI INSURANCE COMPANY et al Uniform Rules
X Discovery Track: E
©
Atequest for a Preliminary. Conference having been filed, or the Court having acted: on its own initiative pursuant to 22
Cc
NYCRR §202.12((), it is hereby:
ORDERED that disclosure: shall proceed as follows:
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Insurance Coverage (CPLR 3101 (f)): If not already provided, shall be furnished by defendant(s). within 30 days of
this Order.
2. Bill of Particulars/ interrogatories:
a. If not already served, a demand fora Bill of Particulars or Interrogatories shall be served by
defendant(s) on or before 15 days from the date of this order.
b. A Bill of Particulars or Interrogatories shall be served on or before 30 days from the date.of service. of
the demand.
c. Ifan-affirmative defense or counterclaim is asserted, a Demand for a Bill of Particulars or interrogatories
shall be.served by plaintiff on or before 15 days from the date of thisorder. Aresponse to such demand
shall be served on or before 30 days from the date of service.of the demand.
3 Medical Report(s), Record(s) and Authorization(s):. On or before 30 days from the date. of this order hereof, all
parties shall provide upon request of another party a duly executed written authorizations(s) if applicable, forthe
following:
a. Health care provider, and/or hospital, pharmacy and/or autopsy records;
b Employment and/or ‘attendance records for the period two years prior to and one.year.after the date of.
the occurrence/accident;
No fault file;
Diagnostic tests and films;
Collateral source authorizations / workers comp records;
W2 and/or tax return records for self-employed individuals (if there is a loss of wages claim)-for the
period of two years prior to and one year after the date of the occurrence/accident.
4 Physical Examinations:
a. Examination(s) of plaintiff shall be noticed within 20 days of completion of the Plaintiff's deposition and
held within 45 days of service. of notice.
b. Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination, plaintiff shall serve upon
ail other parties copies of the. medical reports of those physicians, actually in their possession, who
have previously treated or examined him/her.
c- A-copy of the examining physician‘s report shall be furnished to all parties: within 45 days of
examination.
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INDEX NO. 604900/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 12/11/2023
5. Depositions:
a. Examinations before trial for all parties/non-parties shall be conducted on a mutually.convenient date,
time and location within 120 days of this order as per Deposition Schedule Rider attached hereto and.
madeé.a part of this Preliminary Conference Order.
EBTs SHALL NOT be adjourned to a later date-without PRIOR Court.approval.
Attorneys:seeking rulings.on objections or making application forany other relief pertaining to the
depositions shall. communicate with the Individual Assigned Justice fora determination.
Once begun, a:deposition shall continue until completed and shall not:’be adjourned without further:
order of the. court.
The transcript of an examination before trial shall be delivered to the party deposed within 30 days of
the deposition and shall be returned, duly executed, pursuant to CPLR §3116,
6 Other Disclosure:
a. Within 30 days from the’ date of this order, all parties shall exchange names and addresses of all
witnesses, and shall exchange statements of opposing parties and photographs, or, if none, shall
provide an affirmation to that effect.
Demand for discovery and inspection shall be served on parties and the items sought shall be. produced
to the extent not objected to pursuant to CPLR §3120, and objections, if any, shall be stated pursuant to
CPLR §3122.
Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR
§3101(g).
Additional Disclosure Issues: the parties shall produce the following within 45 days, if. applicable:
1, Maintenance and repair records for 2 years prior to and including the date ofthe occurrence.
2. Contracts and all related contract documents (i.6. Progress Reports) for 2 years prior to and
including the date of the occurrence.
Demands for documents shall be served within 30 days and shail be responded to within 30
days ftom service of demand.
No discovery motion shall be made without a good faith attempt by the parties to resolve the
dispute. If the dispute is not resolved, the party seeking discovery shall request.a
conference with the [ndividual Assigned Justice. If the conference does not resolve the
dispute, a motion may be filed unless otherwise directed by the Individual Assigned Justice.
An Affirmation from the movant that 4 good faith effort was made to resolve the discovery
dispute and that a conference with the Individual Assigned Justice was requested and held
or denied, must accompany the motion in full compliance with 22 NYCRR §202.7(c).
Stipulations of Settlement or Discontinuance shall be promptly filed in a case pursuant to 22 NYCRR §202:28.
before the next meeting with the Court. Failure to comply with any of these directions may result in the imposition of
costs or sanctions or other action authorized by law.
Motions: Any dispositive motion(s) (CPLR §3211 and §3212).shall be. made on or before 90 days of the filing of the
Note of Issue.
Dispositive Motions: Pursuant to. CPLR §3214(b),.service of a Notice of Motion under rule 3211,.3212, or 3213
shall NOT stay disclosure pending the determination of that motion:
10. Impleader Motion(s) to amend the pieadings or to add:parties shail be completed ‘on or before 30 days from
completion of EBTs:
4 End Date for all Disclosure: Hie hu
12 Compliance/Certificatior Conference shall be held on 03/28/2024 at Fi 30 AMIR
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INDEX NO. 604900/2023
NYSG
i : NASSAU COUNTY CLERK 02: 7 _ PM) RECEIVBQbiW
SEEF 604368172073
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/31/2023
Index #: 604800/2023
Caption: Andifred Realty Corp. v. The Cincinnati Insurance Company etal.
Judge’s name: Hon. Thomas Rademaker
PC Date: 11/46/2023
Deposition Schedule Rider pursuant to 5(a) of the Preliminary Conference Order:
5a. Deposition Schedule:
Deponent: Date and Time: Location:
Andifred Realty Corp. 2/1/2024 10AM Virtual
The Cincirinatl Insurance Company 2/22/2024 10AM Virtual
Finesse Carpentry and Bryan Hann alia Fneine Carintry 2/27/2024 10AM Virtual
Le wa
Agreed to by (Please Type Your Name Below):
Plaintiff(s) Defendant(s)
Harfanist, Kraut & Peristeln LLP - Andifred Realty Corp. Horat Kreistain & Runyon LLG - Thi Cinsininat insvance Company’
Steman Law - The Ciacinnst insurance Cermpany for Cross Cams Only
OF Kuan, PA. Fitecc® Corpenty and BrjanHerw als Pnests Ceigoniny
lofi
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= INDEX NO. 604900/2023
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 12/11/2023
13. Alternative Dispute Resolution:
All counsel are dire
03/28/2024 at __
430Ff
d to participate in a settlement conference with the assigned Justice to be held on
_ AMARA.
Counsel is directed to discuss with their client(s) any alternative dispute resolution options available through
the Court, which are as follows: (i) a settlement conference; (ii) participation in a court alternative dispute
resolution program, or (iii) alternative dispute resolution offered by private entities. Counsel shall file an
Attorney Good Faith ADR Certificate certifying compliance pursuant to 22 NYCRR §202.11
At the first mediation conference, counsel must be fully familiar with the case and authorized to enter into a
settlement agreement. Counsel is urged to have their client present at the settlement conference. If,
however, counsel's client is not able to appear, the client shall be available by telephone. It is important to
note that participation in a mediation program does not waive any provisions within the Preliminary
Conference Order or any timelines pursuant to NYCRR §202.19.
Absent good cause, non-compliance with this Order, including the failure to raise discovery problems in
advance of deadlines, may result in the imposition of penalties upon the offending party and, where warranted,
upon counsel. Such penalties may include waiver of the discovery, preclusion, dismissal, striking of a pleading,
costs, sanctions and attorney’s fees, and it is further;
ORDERED, that 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.
DATED: 11/16/2023
See
SO ORDERED: fPrQQ,
ete
Thomas Peaatarrakene J.S.C
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