Legal Document: Susan Sullivan v. Petsmart Llc

On February 13, 2023 a STIPULATION - SO ORDERED - Preliminary Conference Stipulation was filed involving a dispute between Susan Sullivan, and Petsmart Llc, for Torts - Other Negligence (Premises Liability) in the District Court of Westchester County.

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FILED: WESTCHESTER COUNTY CLERK 07/24/2023 11:55 AM INDEX NO. 56706/2023
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/24/2023
revised 1/25/23

Parties may avoid an appearance by compleling and submitting this form 3 business days before the
scheduled preliminary conference date, This form may be uploaded to NYSCEF. In non-NYSCEF matters,
or where a party has opted out ofNYSCEF, it may be sent by mail, fax to (914)995-2194 or email to
PreliminaryCont'erenceWestchester(anvcourts.gov. Pursuant to 22 NYCRR S202.19, all disclosure must be
completed within 8, l2 or I 5 months in expedited, standard and complex cases, respectively.
Actions that qualifv for Presumptive ADR mav require an aDDearance (see page 2).

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PRELIMINARY CONFERENCE PART
--------x
SUSAN SULLIVAN

Plaintiff(s), PRELIMINARY
CONFERENCE
STIPULATION
-against-
PETSMART LLC lndex No.: sozoe,:oz:

DA(C RJI FiICd:
0512212023

Defendant(s).
x
It is hereby STIPULATED by and between all parties to the within action that disclosure shall
proceed and be completed as follows:

(l ) Nature ofCase:

a. DCM track: E Standard (12 mos.)EComplex (15 mos.)E Expedited (8 mos.)

b. Plaintiff(s) claims:

Plarntrllwas caused lo slip and lalldue to watery and slippery substance at Defendants premrses and sustained severe & permanenl iniuries.

c. Defendant(s) claims/defenses:

Delendanl maintains that th6€ we.e no dangarous or d€rsclivo conditions prcsenl, and lhal plaintitfs own eclions were lhc aolc c€use oflh6 incident.

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THIS ACTION MAY QUALIFY FOR PRESUMPTIVE ADR
Please check ony hoxes that apply:

0 This is a personal injury action (includes motor vehicle accidents) and involves a
claim or insurance coverage of$50,000.00 or lessl
lJ This is a collection case involving a claim of $50,000.00 or less;
0 This is a breach ofcontract action related to home improvement or a real estate
matter involving a claim of $50,000.00 or less;
E This is a subrogation action seeking recovery of $25,000.00 or less;
E This is a partition action;
0 The parties stipulate to early ADR.

2) Insurance Coverage:
Amount
Ifnot yet provided, oor.nd.n, shall disclose in writing the existence and contents ofany
insurance agreement as described in CPLR $3101(0 On Or before Jun.26 2023
N/A tr Previously provided !
(3) Bill of Particulars:

a. A Demand for a Bill ofParticulars shall be served by Pr.inlfl Jun6 26 2023 D.l..d.nt - p..vrously s.ry.don Apnl12 2023

on or before
b. A Bill of Particulars shall be served by oelendant - wjthin 30 d.yi ot r@rpr ol plainritas omand

on or before
c. A Supplemental Bill of Particulars shall be served by_
as to items
on or before-.
(4) Medical Records and authorizations:

On or before Ju€ 16 ,or3 , duly executed written authorizations shall be furnished
by er.i.ur for the following:
, Physician, and/or hospital, and/or autopsy records;
1Em ployment records for the periodlg3l!i1951911191[25sent
_No-fault file;
_Other (specifu)
15) Physical Examinations:

a. Physical examination(s) shall be held on or before
to\S\
b. Pursuant to 22 NYCRR $202.17(b), at least 20 days before such examlnatlon, copr
3s>
1

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medical repods ofphysicians shall be served upon all parties.
c. A copy of the examining physician's report shall be furnished to all parties
within * days of the examination.

(6) Depositions:

a. Examinations before trial shall be conducted as follows (priority shall be in accordance with
CPLR$3 106 unless otherwise agreed or ordered):
Plaintiff(s) shall appea r for examinalion before trial at..o.
onAususr 2s,2023 , at 10". a.m./p.m. and shall produce all relevant books, papers, records, and other
material for use at the deposition, including

Defendant(s) shall appear for examination before trial at rmore .
on seplombq 15.2023 , atloam a.m./p.m. and shall produce all relevant
books. papers, records. and other material for use at the deposition, inclLrd inq

b. Attorneys seeking rulings on objections or making application for any other relief pertaining to
the depositions shall communicate with the IAS Justice's Part by email or telephone/TEAMs
conference call for a determination and shall make no motion in the absence ofa conference with
the Court and a good faith effort to resolve the matter without unnecessary motion practice.
c. Once begun, a deposition shall continue until completed and shall not be adjourned without
further order ofthe Court, unless all parties agree that the adjournment ofsuch deposition does
not delay or otherwise impede any party's ability to perform or enforce any ofthe terms ofthis
Stipulation.
d. The transcript ofan examination before trial shall be delivered to the party deposed within
forty-five (45) days ofthe deposition, and shall be returned, duly executed thereafter pursuant to
CPLR 3l l6 (a).
e. Depositions ofallparties shall be comp leted On Or befbre October 1,2023
f. Depositions ofall non-party witnesses shall be comp leted On Or befOre November 1, 2023

(7) Other Disclosure:

a. On or before r,n" zs uozs , all parties shall exchange names and addresses of all
witnesses, and shall exchange statements ofopposing parties and photographs, or ifnone, shall
so state in writing.
b. All parties shall exchange information relating to expert witnesses in compliance with CPLR
$3101 and the governing case law.
c. Demands for Discovery and Inspection (CPLR $3120) shall be served on or
belOre ru." zo. zoz:,, nor o,.vou,y do-.

d. All responses to Discovery and Inspection demands shall be served no later than
30 days after receipt ofthe opposing party's demands.
e. Objections to disclosure, inspection or examination shall be made in conformity with the
provisions of CPLR $3 I 22.

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f. Supplemental Demands for Discovery and lnspection may be served with respect to items as
to which the demanding party could not reasonably have demanded in such party's prior
Demand(s) for Discovery and Inspection, provided such Supplemental Demands are served at
least twenty (20) days (or ifservice is by mail trventy-five [25] days) prior to the expiration ofthe
time herein set forth for the completion ofdisclosure. Responses to such Supplemental Demands
shall be served within the time provided by CPLR $3120, except that objections to Supplemental
Demands shall be interposed su{ficiently in advance ofthe time hereinafter set forth for the
completion ofdisclosure so as to permit the demanding party a reasonable time to seek, and
obtain a conference with the Court with respect to such objections and to request an extension of
the time to complete disclosure.
g. All demands for production ofbooks, documents, records and other writings relevant to the
issues in this case shall be deemed to include a demand for production ofany photograph,
audiotape, videotape, computer disk or program and e-mail.
h. All Interrogatories shall be served on or before Jun.26 2023
. Responses shall be served in
conformity with CPLR 93133.

18) Additional Disclosure issues

With respect to additional disclosure issues, the parties shall comply with the following
aprgement: Phrnr l shsl r6pry ro dsrsndanrs Apd 12,2023 oom.nd ld a venf6d Bill ol PEnrcurars and combned oi@€ry D6mands on or bsiora Jun6 20,2023

Delel

(9) Impleaders:

All third-party actions shall be commenced on or before per CPLR
Joinder of a third-party action beyond this date without leave ofCourt may result in a severance.

(l 0) Confi dentiality,Non-Disclosure Agreement

a. In the event that there is a need for a Confidentiality/l'.lon-Disclosure Agreement prior to
disclosure, the part(y) demanding same shall prepare and circulate the proposed agreement. Ifthe
parties cannot agree as to same, they shall promptly notify the Court. The failure to promptly
seek a confidentiality agreement may result in a waiver of same (22 NYCRR $216.1). Any
Confidentality/Non-Disclosure Agreement will be "so ordered" or entered as an Order ofthe
Court only upon compliance with 22 N.Y.C.R.R. $2 16. I .
S. ra anticipates the need for a Confidentiality Agreement and will
prepare and circulate same on or before as to the followin
issues:
Pursuant to 22 NYCRR $202.28, the attomey for defendant is directed to file a stipulation or
statement of discontinuance with the Court within (a) 30 days ofthe making ofthe payment
required as a condition ofthe discontinuance; or (b) 30 days ofthe discontinuance in the event no
payment is required as a condition ofthe discontinuance.

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The contents and provisions ofthe foregoing proposed stipulation are agreed to, and the parties
request that the Coufi order same.

Dated: J,".1 2023

Attomeys for Plaintiff: Attomeys for Defendant:
(Print Narr e) Gamal Del (Print Name)
(S ignature) ) (S ignature) Seth B. R'rbne
Mailing Address: Mailing Address:
MORGAN & MORGAN NY PLLC 20'1 West Passaic Street, Suite 203

350 FIFTH AVENUE. SUITE 6705
NEWYORK, NY 10118 Rochelle Park NJ 07662

Phone/Facsimi le Number: Phone/Facsimile Number:
917 -344-7 031 201-857-5815
E-mailAddress: E-mail Address:
gdelgado@forthepeople.com srubine@rubinecha.com

Attomeys fo or pro se party: Attomeys forlor pro se pafi:
( Print Name)_ (Print Name)-
(Signature) (Signalure)
Mailing Address: Mailing Address:

Phone/Facsimile Number: Phone/Facsimile Number:

E-mail Address: E-mail Address

SO ORDERED:

HON. PAUL I. MARX, J.S.C.

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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/24/2023

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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/24/2023

The failure ofany party to perform any ofthe requirements contained in this Stipulation shall not
excuse any other party from performing any other requirement contained herein. Failure to
comply with any provision of this Stipulation may result in the imposition of costs, or sanctions,
or other action authorized by law, including but not limited to contempt, dismissal and the
striking of pleadings.

No adjournments of any time directive above shall be permitted without the permission of the
Court. This stinulation sunercedcs the statutorv s tav in CPLR 832 t4 for disnositive motions
made pursuant to CPLR 8Q3211.3212. or 3213.

[To Jilled in by Court] \r \
be
ALL DISCLOSURE SHALL BE COMPLETf,D ON OR BEFORE \ +
COUNSEL FOR ALL PARTIES SHALL APPEAR AT A COMPLIANC 6s.-
CONFERENCE WHICH SHALL BE HELD IN ROOM I! t -, oNl
(or on such adjourned date as the Court may direct).
.t-l
g l 1C crn

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Case Info

Judge

Paul I Marx Track Judge’s New Case

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Document Filed Date

July 24, 2023

Case Filing Date

February 13, 2023

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Document for Susan Sullivan v. Petsmart Llc

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