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  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
  • Andifred Realty Corp. v. The Cincinnati Insurance Company, Finesse Carpentry, Bryan Henn d/b/a FINESSE CARPENTRYCommercial - Contract document preview
						
                                

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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: 4 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. lof 4 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 2-0f -4 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 —__ 3 0f 4 = 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 _ 4 of 4