Preview
FILED: DUTCHESS COUNTY CLERK 03/22/2024 10:29 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 03/22/2024
At an IAS Term and Part ofthe Supreme Court
of the State of New York, held in and for the
County of Dutchess, at the Dutchess County
Courthouse, located at l0 Market Street,
Pouchkeepsie. New York I2o0l. on thc llrtrl
aay"of Nlrrrch zoz<.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
x
KEt.N NET H GAROI'-O t-O and JEN N- IFER GAR OF'O t-O, Index No. 2015-52210
Plaintiffs ORDERTO SHOW
CAUSE FOR AN ORDER
-agamst- IN LIMINE
DEVIN J. CARPENTER, PREFERRED GROUP OF
MANHATTAN, INC., CONSOLIDATED RAIL
YT\rtoo il, e
CORPORATION and CSX TRANSPORTATION, INC.,
Defendane
x
DEVIN J. CARPENTER,
Third-Party Plaintiff,
-agalnst-
THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP,
INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE,
P.O.K. TRAIN STATION, LLC, P,O.K, TRAIN STATION,
LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE
and MAHONEY,S IRISH PUB & STEAKHOUSE,
Third-Party Defendant's.
x
PLEASE TAI(E NOTICE that,
Upon the annexed Affirmation of Andrew Humphreys, Esq. dated March 21, 2024,
and all ofthe exhibits thereto,
NO'W, LET TIm PLAINTIFF SHOW CAUSE before this Court at a Special Term
thereof, to be held at the Dutchess Counry Courthouse located at 10 Market Street,
1 of 2
FILED: DUTCHESS COUNTY CLERK 03/22/2024 10:29 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 03/22/2024
Mtrch 29. 2l)2-l
Poughkeepsi e, New York 12601, at9:30 a.m. on +pril8rA034, or as soon thereafter as counsel
can be heard, why an Order should not be made and entered granting the following relief:
1. That based on the Court's Order dated January 4, 2\24,Defendant was "solely
responsible for striking the plaintiff'; that the assault was intentional, the facts as alleged in
the movant's papers may be deemed admitted and Defendant offered no defense to the
motion, no question of fact exists as to liability. Therefore, this Court orders that the trial be
I
limited to plaintiffs damages only.
SIIFFICIENT CAUSE APPEARING TIIEREFOR, let persera{ service of a copy of this
Order and the papers upon which it is based upon the MAINETTI, MAINETTI &
I
l
O'CONNOR, P.C., Attomeys for Defendant, DEVIN J. CARPENTER, 130 North Front
\\'s(rltl'I'[.]\(;
Street, Kingston, NY 12401 ]vffi by orcrfght-delivery-sewieeto-be+eeeived on or before
the close ofbusiness en \larch 22, 2024be deemed sufficient service hereof.
.1.s.(.
Defendant or Defendant's counsel shall serve Answering papers, ifany, upon the La
Office of Jonna M. Spilbor, PLLC counsel for Plaintiff, at 2l4Main Street, Poughkeepsie,
hr \\'SC'llF FIl.l\(;
New York 12601, soastobei+handqo.laer-th,*Ethe-e{oseof bu+funess on \larch 2() , 2024.
\() .\PP[_,\lt,\\( t,:s
-A{l-parties-and-theirrespectire€ounse}-ar€-to-appear on the return date of this
application.; \l0'l'l()N l!i ()N Sl'B\llSSl()N ()F l',\l'l.lllS O\1.\'.
't)
Dated: March 2-l;2024
Poughkeepsie, New York
ENTE
Hon. Thomas R. Davis
Justice of Supreme Court
2 of 2
Preview
FILED: DUTCHESS COUNTY CLERK 03/22/2024 10:29 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 03/22/2024 At an IAS Term and Part ofthe Supreme Court of the State of New York, held in and for the County of Dutchess, at the Dutchess County Courthouse, located at l0 Market Street, Pouchkeepsie. New York I2o0l. on thc llrtrl aay"of Nlrrrch zoz<. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS x KEt.N NET H GAROI'-O t-O and JEN N- IFER GAR OF'O t-O, Index No. 2015-52210 Plaintiffs ORDERTO SHOW CAUSE FOR AN ORDER -agamst- IN LIMINE DEVIN J. CARPENTER, PREFERRED GROUP OF MANHATTAN, INC., CONSOLIDATED RAIL YT\rtoo il, e CORPORATION and CSX TRANSPORTATION, INC., Defendane x DEVIN J. CARPENTER, Third-Party Plaintiff, -agalnst- THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE, P.O.K. TRAIN STATION, LLC, P,O.K, TRAIN STATION, LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY,S IRISH PUB & STEAKHOUSE, Third-Party Defendant's. x PLEASE TAI(E NOTICE that, Upon the annexed Affirmation of Andrew Humphreys, Esq. dated March 21, 2024, and all ofthe exhibits thereto, NO'W, LET TIm PLAINTIFF SHOW CAUSE before this Court at a Special Term thereof, to be held at the Dutchess Counry Courthouse located at 10 Market Street, 1 of 2 FILED: DUTCHESS COUNTY CLERK 03/22/2024 10:29 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 03/22/2024 Mtrch 29. 2l)2-l Poughkeepsi e, New York 12601, at9:30 a.m. on +pril8rA034, or as soon thereafter as counsel can be heard, why an Order should not be made and entered granting the following relief: 1. That based on the Court's Order dated January 4, 2\24,Defendant was "solely responsible for striking the plaintiff'; that the assault was intentional, the facts as alleged in the movant's papers may be deemed admitted and Defendant offered no defense to the motion, no question of fact exists as to liability. Therefore, this Court orders that the trial be I limited to plaintiffs damages only. SIIFFICIENT CAUSE APPEARING TIIEREFOR, let persera{ service of a copy of this Order and the papers upon which it is based upon the MAINETTI, MAINETTI & I l O'CONNOR, P.C., Attomeys for Defendant, DEVIN J. CARPENTER, 130 North Front \\'s(rltl'I'[.]\(; Street, Kingston, NY 12401 ]vffi by orcrfght-delivery-sewieeto-be+eeeived on or before the close ofbusiness en \larch 22, 2024be deemed sufficient service hereof. .1.s.(. Defendant or Defendant's counsel shall serve Answering papers, ifany, upon the La Office of Jonna M. Spilbor, PLLC counsel for Plaintiff, at 2l4Main Street, Poughkeepsie, hr \\'SC'llF FIl.l\(; New York 12601, soastobei+handqo.laer-th,*Ethe-e{oseof bu+funess on \larch 2() , 2024. \() .\PP[_,\lt,\\( t,:s -A{l-parties-and-theirrespectire€ounse}-ar€-to-appear on the return date of this application.; \l0'l'l()N l!i ()N Sl'B\llSSl()N ()F l',\l'l.lllS O\1.\'. 't) Dated: March 2-l;2024 Poughkeepsie, New York ENTE Hon. Thomas R. Davis Justice of Supreme Court 2 of 2