Motion for Case Management in Robert D. Mishiyev v. The City Of New York, Alex Gilvarg, Viktoriya Gilvarg| Trellis.Law

On February 07, 2023 a Order was filed involving a dispute between Robert D. Mishiyev, and Alex Gilvarg, The City Of New York, Viktoriya Gilvarg, for Torts - Other Negligence (Slip and Fall) in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

SUPREME COURT OF THE STATE OF NEW YORK
360 Adams Street, Room 295
Brooklyn, New York 11201

DIFFERENTIATED CASE MANAGEMENT PROGRAM
Hon. Leon Ruchelsman 7
PRESENT: , Justice Part CDCP _______
MISHIYEV, ROBERT D. Index Number.: 504039/2023
_____________

_____________________________________________________
PLAINTIFF,
- against -
THE CITY OF NEW YORK et al

_____________________________________________________
DEFENDANT.

CASE SCHEDULING ORDER - CITY CASES
A request for a preliminary conference having been filed or the court having acted on its own initiative,
IT IS HEREBY ORDERED that this case is designated a Standard matter pursuant to Uniform Rule §202.19(b) and
disclosure not already furnished shall proceed in accordance with the deadlines set forth below. However, a party
claiming to be prejudiced by this Order may seek a modification of the Standard matter designation or the schedule
by contacting, the City Discovery Part Clerk, by email at KSCCVCDCP@nycourts.gov, or phone (347) 401-9264
within 20 DAYS FROM THE DATE OF THIS ORDER. The City Discovery Part Clerk will provide an opportunity
to the parties to be heard on the request at a court conference and the court will take such action as is appropriate.
Failure to contact the City Discovery Part Clerk in a timely manner shall constitute a waiver of any objection to the
designation or schedule. The parties shall not contact the Justice assigned.
1. Notification: After this Case Scheduling Order has been signed, it will be posted to the New York State Courts
Electronic Filing System (“NYSCEF”) if this is an e-filed case. All e-filing counsel are expected to monitor
the NYSCEF docket and their e-mail addresses for access to this Order and other e-filings in the case. If this is
a hard-copy case, a copy of this Order will be posted at Web Civil Supreme, which is accessible at no charge
on the court’s website, https://iapps.courts.state.ny.us/webcivil/FCASMain. Counsel must consult Web Civil
Supreme to obtain a copy of this Order; no copy will be mailed by the court. Attorneys may obtain, at no
charge, e-mail notification of the issuance of this Order and all other court developments in this and other cases
by listing them with e-Track, the court system's case tracking service, which is accessible at
https://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the e-Track link at www.nycourts.gov. In
addition, counsel for plaintiff shall, within ten days after the posting of this Order to Web Civil Supreme in a
hard-copy case, serve copies on all counsel and all self-represented parties and shall file with the County Clerk
an affidavit of service. In an e-filed case in which at least one party is exempt from e-filing, counsel for the
first-named participating plaintiff or, if there is none, the first named participating defendant shall, within ten
days after the e-filing of this Order, serve a hard copy on all exempt counsel and self-represented parties and
shall e-file proof of such service.

1 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

2. Insurance Coverage: The defendant City of New York and any other defendant represented by Corporation
Counsel are uninsured. All defendants (if applicable), excluding the City shall furnish to all parties evidence
of primary and excess coverage and Certificate of Insurance within 30 days from the date of this Order.
3. Bill of Particulars: If not previously served, plaintiff is to serve all parties with a bill of particulars within 30
days of this Order. Any party seeking additional particulars (including as to affirmative defenses, if any) shall
serve a demand for a bill within 21 days from the date of this Order. The party receiving the demand shall serve
a verified bill of particulars within 60 days from the date of this Order.
4. Medical Records and Authorizations:
(a) Plaintiff(s) shall provide authorizations to obtain copies of the actual records of all treating and examining
health care providers, including diagnostic tests, x-rays, MRIs, EMGs, CT Scans, for injuries specified in the
bill of particulars, within 30 days from the date of this Order.
(b) Plaintiff(s) shall provide an authorization for collateral source information, if any, within 30 days from the
date of this Order.
(c) If plaintiff is claiming a loss of income or wages, within 30 days from the date of this Order, plaintiff shall
provide authorizations for W-2 forms or employment records for the year of, year before and year after the date
of the alleged accident, as well as for the period of time lost from work as a result of the alleged accident, or
IRS records if provided by law.
(d) If plaintiff was a student at the time of the alleged accident, within 30 days from the date of this Order,
plaintiff shall provide an authorization for school attendance records for the period of time lost from school as
a result of the alleged accident.
(e) For cases alleging police misconduct including false arrest, malicious prosecution or excessive force, IT IS
HEREBY ORDERED by this court that all records maintained by law enforcement agencies, criminal courts,
and/or district attorney’s offices in relation to the underlying incident are hereby unsealed, and all governmental
agencies, bodies and employees having custody of any records are permitted to release such records to the
Office of the Comptroller or the Office of the Corporation Counsel of the City of New York, or its authorized
agent or employee. This Order specifically authorizes the New York City Police Department; the relevant
District Attorney’s Office; the relevant New York State Supreme Court, Criminal Term; and the relevant New
York City Criminal Court to disclose any and all records in their possession relating to the underlying arrest
and/or prosecution to the Office of the Corporation Counsel of the City of New York, or its authorized agent or
employee. Corporation Counsel of the City of New York shall provide copies of such records to the plaintiff
within 30 days of receipt.
5. Depositions:
9/18/2024
(a) The
(a) Thedepositions
depositionsofofall
allparties
partiesshall
shalltake
takeplace
placeon
on_______________________________________________
_________________. Plaintiff is to contact the Office of
____________________________________________________________.
the Corporation Counsel for the location of the depositions, which are to be Plaintiff is to contact
conducted remotelytheduring
Officethe
of
the Corporation Counsel for the location of the depositions, which are to be conducted remotely
pendency of the pandemic, or in-person at the Office of Corporation Counsel, 350 Jay Street, Brooklyn, New during he
pendency
York 11201 of the
oncepandemic, or has
such office in-person at the Office
been reopened of purpose.
for this Corporation Counsel,
Absent 350 Jay
prior court Street,any
approval, Brooklyn, New
EBT which
York 11201 once such office has been reopened for this purpose. Absent prior court approval, any EBT which
is not held as scheduled in this Order must be promptly rescheduled for a date which is not later than 60 days
is not held as scheduled in this Order must be promptly rescheduled for a date which is not later than 60 days
after the
after the original
original date.
date.
(b) Defendant(s)' right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages
claimed in any supplemental bill of particulars served by plaintiff(s) following the plaintiff 's deposition.
(c) Defendant(s) waive(s) the right to a General Municipal Law §50-h hearing. _____ yes _____ no

2 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

6. Physical Examination:
(a) A physical examination of the plaintiff(s) shall be noticed within 60 days after the completion of the
examination before trial of the plaintiff(s) and conducted within 60 days of such notice.
(b) A copy of the physician's report shall be furnished to plaintiff(s) within 45 days after the examination.
(c) Defendant(s)' right to a further physical examination is reserved as to any new injuries claimed in any
supplemental bill of particulars served by plaintiff(s).
7. Other Disclosure:
(a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses;
accident reports; party statements; photographs; and video footage taken in the ordinary course of business
and/or to be presented at trial, within 90 days from the date of this Order.
(b) All parties shall supply expert witness disclosure pursuant to the CPLR.
(c) All defendants other than those listed in Item 7(d) shall, within 90 days from the date of this Order, provide
to all parties copies of maintenance and repair records for 2 years prior to and including the date of the
occurrence.
(d) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide
the following Additional Disclosure to all parties within 90 days from the date of this Order, subject to the date
and location specified in the notice of claim:
Slip and Fall Cases (Department of Sanitation):
i. District Operation Log (carting book) for period of two weeks prior to and including the date of
occurrence;
ii. District Snow Operation Book for the above period of time;
iii. Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period
of time, if the occurrence took place in the roadway.
Trip and Fall Cases (Department of Transportation):
i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
ii. Cut forms, repair orders and repair records for 2 years prior to, and including, the date of occurrence;
iii. Violations issued for 2 years prior to, and including, the date of occurrence;
iv. A copy of the title and signature pages, and insurance declaration sheets and/or certificates, for all
contracts in effect for two years prior to, and including, the date of occurrence;
v. Contracts and all related contract documents (i.e. progress reports) for two years prior to, and including,
the date of occurrence will be made available for inspection and copying at either the Office of the
Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually
convenient appointment, but in no event more than 90 days hereafter or after a subsequent request for same
by plaintiff;
vi. Complaints made for 2 years prior to, and including, the date of occurrence;

3 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

vii. A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the
area in issue and, if the incident at issue occurred six months or less after the filing of the most recent such
map, then the City shall also produce the last such map filed before the most recent such map for that
location.
ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
Trip and Fall Cases (Tree Well) (Department of Parks):
i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
ii. Repair orders and repair records for 2 years prior to, and including, the date of occurrence;
iii. Violations issued for 2 years prior to, and including, the date of occurrence;
iv. Complaints made for 2 years prior to, and including, the date of occurrence.
Cases involving allegations of defective traffic signals (DOT):
i. Maintenance and repair records for 30 days prior to, and including, date of occurrence;
ii. Complaints made for 30 days prior to, and including, date of occurrence;
iii. The name and addresses of the contractor responsible for maintenance of the traffic signals on date of the
occurrence;
iv. A copy of title and signature pages, and insurance declaration sheets and/or certificates, for all contracts
in effect for two years prior to, and including, the date of the occurrence;
v. Contracts and all related contract documents (i.e., progress reports) for two years prior to, and including,
the date of the occurrence will be made available for inspection and copying at either the Office of the
Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually convenient
appointment, but in no event more than 90 days hereafter or after a subsequent request for same by plaintiff.
Cases involving allegations of police misconduct:
The City will provide the following within 90 days from the date of this order or within 60 days of receipt of
the records as outlined in Section 4(e):
i. Complaint Report;
ii. Complaint Follow Up Report(s);
iii. Arrest Report;
iv. Memo Book entries for incident in question;
v. On-line Booking Sheet;
vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying
within 90 days from the date of this Order;
vii. Copies of all 911 tapes, if still in existence, and all sprint printouts for any 911 calls and radio
transmissions related to the events of the action.

4 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

Inmate assault cases (Department of Correction):
i. Department of Correction incident report, subject to redaction of privileged information, including any
information regarding criminal acts of other inmates and/or personal information regarding DOC employees;
ii. Injury to inmate report (within 90 days after receipt of an authorization from plaintiff);
ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
iii. In camera review of redactions to be made upon request of plaintiff's attorney.
Premises Liability Cases:
i. Departmental accident/incident report from respective City agency;
ii. For non-transitory conditions (including recurrent condition), maintenance and repair records and written
complaints regarding the condition complained of for 18 months prior to and including the date of occurrence;
iii. For transitory conditions, maintenance records and written complaints regarding the condition complained
of for one month prior to and including the date of the occurrence;
iv. If applicable, lease and/or sublease for the City-owned building.
Department of Education Cases:
i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of
privileged information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and
nature of the redaction, if questioned, are subject to motion under the statute;
ii. Witness statements, subject to redaction of privileged information pursuant to the Family Education and
Privacy Act. Extent and nature of the redaction, if questioned, are subject to motion under the statute;
iii. For non-transitory conditions (including recurrent conditions), maintenance and repair records, written
complaints and, to the extent applicable, related contracts for the situs of plaintiff's accident, regarding the
condition complained of for 18 months prior to, and including, the date of occurrence.
iv. For transitory conditions, maintenance records and written complaints regarding the condition complained
of for two months prior to, and including, the date of the occurrence.
v. Defendants shall furnish to the court the records for all students alleged to be involved in an
incident/accident for an in camera inspection within 60 days from the date of this Order.
Motor vehicle accidents involving City-owned vehicles:
i. Departmental Accident Report from respective City agency;
ii. Maintenance and repair records for the department vehicle involved for one year prior to, and including,
the date of the occurrence, if a vehicular defect is alleged in either the departmental accident report or the
MV-104;
iii. Photos of damage to City vehicle;
iv. Record regarding post-accident repairs shall be supplied by the City unless determined by the court not to
be relevant an issue in the case.

5 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

Department of Environmental Protection Cases:
i. Accident/Incident report for the occurrence, including any photos;
ii. Applications for permits and permits for two (2) years prior to, and including, the date of occurrence;
iii. Repair orders for two (2) years prior to, and including, the date of occurrence;
iv. Complaints made for two (2) years prior to, and including, the date of occurrence.
7. Other Disclosure (CONTINUED):
(e) Surveillance videos to be provided in accordance with CPLR §3101(i).
(f) Any party who wishes to obtain prior notices of claim, pursuant to GML §50-g, may do so by contacting the
Division Chief of Claims Support at (212) 669-4118 to set up an appointment to search the index maintained at
1 Centre Street, New York, New York.
(g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents
occurring after April 15, 1995.
(h) All searches shall be conducted based upon the date and location as described in the notice of claim.

8. Third-Party Actions/Impleader: Shall be completed within 60 days of the last Examination Before Trial.

9. Compliance Conference: Shall be held remotely on:
12/10/2024
(Insert date and time) _______________________________________.

10. Note of Issue Date: Shall be filed upon the completion of all discovery.

11. Plaintiff shall, within 15 days after the note of issue is filed and request from defense counsel is received,
provide HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas
directing that those records be sent to the courthouse. If there is any dispute, it shall be promptly brought to the
attention of the Case Management Office for resolution.

12. Summary Judgment Motions: Shall be filed no later than 90 days after filing of the Note of Issue unless
otherwise directed by the court.

13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial. Summary Jury Trial
Procedures can be found at http://ww2.nycourts.gov/courts/2jd/kings/civil/SummaryJuryTrialRules.shtml.

14. ADR: Parties are encouraged to utilize one of the various Alternative Dispute Resolution options available to
resolve the matter as early, equitably and efficiently as possible. Information regarding ADR can be found at
https://www.nycourts.gov/LegacyPDFS/courts/2jd/kings/civil/PRESUMPTIVE-ADR-PLAN.pdf and by
contacting Kelechi Acholonu, ADR Coordinator, at kacholon@nycourts.gov.

6 of 7
FILED: KINGS COUNTY CLERK 03/25/2024 01:21 PM INDEX NO. 504039/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/25/2024

This Case Scheduling Order supersedes any and all prior combined demands, notices of discovery and inspection,
and discovery orders and is the singular governing discovery order to date.
If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve them. If
that effort fails, the parties or any party aggrieved shall, in advance of deadlines and prior to initiating motion
practice, bring the dispute to the attention of the City Discovery Part Clerk who will schedule a conference shortly
thereafter to resolve the dispute. The parties may adjourn the deadlines set forth in Items 5 through 8 above provided
that all disclosure called for by this Order shall be furnished prior to the compliance conference set forth in Item 9.
The date of the compliance conference will normally not be adjourned and any adjournment requires advance
permission of the court. Absent good cause, failure to comply with this Order may result in the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of
discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees.
This constitutes the Order of the court.

18-Mar-24
Dated:____________________
_____________________________________________

Hon. Leon Ruchelsman, JSC
__________________________, J.S.C.

7 of 7

Case Info

Judge

Kings Cdp7 Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

March 25, 2024

Case Filing Date

February 07, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Order: Robert D. Mishiyev v. The City Of New York, Alex Gilvarg, Viktoriya Gilvarg

Preview

Related Topics

Case Info

Parties