On February 19, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Lg 55 Doe,
and
Joseph A. Grasso,
for Torts - Child Victims Act
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3756837
Book Page CIVIL
Return To: No. Pages: 4
AMY CHRISTINE KELLER
Instrument: NOTICE OF MOTION OR CROSS MOTION
Control #: 202402260431
Index #: E2020001864
Date: 02/26/2024
DOE, LG 55 Time: 10:34:21 AM
GRASSO, JOSEPH A.
Motion Filing Fee $45.00
Total Fees Paid: $45.00
Employee: RR
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 4
202402260431 Index #
INDEX : E2020001864
NO. E2020001864
FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
NOTICE OF MOTION
LG 55 DOE, IN LIMINE
Plaintiff, Index No. E2020001864
vs.
JOSEPH A. GRASSO, Hon. Charles A. Schiano, Jr. , J.S.C.
Justice Assigned
Defendant.
Oral Argument Requested
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Amy C. Keller, Esq.,
sworn to the 23rd day of February, 2024, together with the exhibits annexed thereto, plaintiff, LG
55 DOE, will move this Court at a term thereof to be held on the 1st day of March, 2024, at 2:00
p.m., at the Monroe County Courthouse, 545 Hall of Justice, Rochester, New York, for an Order:
a. precluding Jerid M. Fisher, Ph.D., ABN, from testifying or, in the
alternative, precluding Dr. Fisher from rendering an opinion and testifying
as to the credibility of the Plaintiff-victim LG 55 Doe;
b. precluding Defendant from introducing evidence pertaining to his
practices of holding in office visits or visiting the adjoining church;
c. precluding Defendant from using extrinsic evidence (treating health care
records or testimony) to attack Plaintiff on the collateral issue of his
credibility;
d. redacting statements in the medical records attributed to Plaintiff LG 55
Doe that are not germane to his diagnosis and/or treatment and precluding
all testimony and/or evidence from those redacted statements because they
relate to collateral issues;
2 of 4
202402260431 IndexNO.
INDEX #: E2020001864
E2020001864
FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024
e. precluding all evidence and testimony concerning the financial status of
plaintiff, and/or the parents of plaintiff;
f. precluding Defendant from claiming, arguing, or introducing evidence
of the claimed financial motive of Plaintiff to file this action;
g. precluding all evidence and testimony concerning involvement by LG
55 Doe with the DEA;
h. precluding all of Defendant's proposed trial fact-witnesses because
Defendant failed to disclose any fact-witnesses, or in the alternative
precluding certain portions of the witnesses testimony because they
relate to Plaintiff's credibility or are not relevant and material to the
issues in this action;
i. precluding all evidence and testimony concerning the claimed "good
character" of Defendant; and
j. for all other relief the court deems just and proper.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), all answering
papers, if any, shall be served upon the undersigned in accordance with that section, and/or the
Court's Day Certain Trial Order.
DATED: February 23, 2024
Buffalo, New York LIPSITZ GREEN SCIME CAMBRIA LLP
By:
y C. Keller, Esq.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
2
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202402260431 IndexNO.
INDEX #: E2020001864
E2020001864
FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM
NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024
TO: Michael R. Wolford, Esq.
BOND SCHOENECK & KING PLLC
Attorneysfor Defendant
350 Linden Oaks, Third Floor
Rochester, New York 14625
T: (585) 362-4719
3
4 of 4
Document Filed Date
February 23, 2024
Case Filing Date
February 19, 2020
Category
Torts - Child Victims Act
Status
Disposed-Court Date/Application Pending
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Preview
FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3756837 Book Page CIVIL Return To: No. Pages: 4 AMY CHRISTINE KELLER Instrument: NOTICE OF MOTION OR CROSS MOTION Control #: 202402260431 Index #: E2020001864 Date: 02/26/2024 DOE, LG 55 Time: 10:34:21 AM GRASSO, JOSEPH A. Motion Filing Fee $45.00 Total Fees Paid: $45.00 Employee: RR State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202402260431 Index # INDEX : E2020001864 NO. E2020001864 FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE NOTICE OF MOTION LG 55 DOE, IN LIMINE Plaintiff, Index No. E2020001864 vs. JOSEPH A. GRASSO, Hon. Charles A. Schiano, Jr. , J.S.C. Justice Assigned Defendant. Oral Argument Requested PLEASE TAKE NOTICE, that upon the annexed Affirmation of Amy C. Keller, Esq., sworn to the 23rd day of February, 2024, together with the exhibits annexed thereto, plaintiff, LG 55 DOE, will move this Court at a term thereof to be held on the 1st day of March, 2024, at 2:00 p.m., at the Monroe County Courthouse, 545 Hall of Justice, Rochester, New York, for an Order: a. precluding Jerid M. Fisher, Ph.D., ABN, from testifying or, in the alternative, precluding Dr. Fisher from rendering an opinion and testifying as to the credibility of the Plaintiff-victim LG 55 Doe; b. precluding Defendant from introducing evidence pertaining to his practices of holding in office visits or visiting the adjoining church; c. precluding Defendant from using extrinsic evidence (treating health care records or testimony) to attack Plaintiff on the collateral issue of his credibility; d. redacting statements in the medical records attributed to Plaintiff LG 55 Doe that are not germane to his diagnosis and/or treatment and precluding all testimony and/or evidence from those redacted statements because they relate to collateral issues; 2 of 4 202402260431 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024 e. precluding all evidence and testimony concerning the financial status of plaintiff, and/or the parents of plaintiff; f. precluding Defendant from claiming, arguing, or introducing evidence of the claimed financial motive of Plaintiff to file this action; g. precluding all evidence and testimony concerning involvement by LG 55 Doe with the DEA; h. precluding all of Defendant's proposed trial fact-witnesses because Defendant failed to disclose any fact-witnesses, or in the alternative precluding certain portions of the witnesses testimony because they relate to Plaintiff's credibility or are not relevant and material to the issues in this action; i. precluding all evidence and testimony concerning the claimed "good character" of Defendant; and j. for all other relief the court deems just and proper. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), all answering papers, if any, shall be served upon the undersigned in accordance with that section, and/or the Court's Day Certain Trial Order. DATED: February 23, 2024 Buffalo, New York LIPSITZ GREEN SCIME CAMBRIA LLP By: y C. Keller, Esq. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 2 3 of 4 202402260431 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 02/23/2024 07:39 PM NYSCEF DOC. NO. 215 RECEIVED NYSCEF: 02/23/2024 TO: Michael R. Wolford, Esq. BOND SCHOENECK & KING PLLC Attorneysfor Defendant 350 Linden Oaks, Third Floor Rochester, New York 14625 T: (585) 362-4719 3 4 of 4