Preview
At Part ___ of the Supreme Court of the
State of New York held in and for the
County of Queens at the Courthouse located
at 88-11 Sutphin Boulevard, Jamaica, New
York 11435, on the _ day of May, 2019.
PRESENT: HON.
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK ,
COUNTY OF QUEENS
----------------------------- --------------------------X
JASON McGRATH and ALLA McGRATH, Index No.: 713224/15
Plaintiff, ORDER TO SHOW CAUSE
-against - (MOTION IN LIMINIE)
RCPI 30 ROCK 22234849, L.L.C., THE ROCKEFELLER
CENTER TOWER CONDOMINIUM-TISHMAN SPYER
PROPERTIES L.P., LAZAR GROUP, LLC and
BENCHMARK BUILDERS, INC.,
Defendants.
----------------------------------------------------------------X
UPON THE READING AND FILING of the annexed Affirmation of Donna Pascucci,
Esq., a partner of the law firm of Milber Makris Plousadis & Seiden, LLP, attorneys of record for
defendants, RCPI 30 Rock 22234849, L.L.C. and Tishman Speyer Properties i/s/h/a The
Rockefeller Center Tower Condominium-Tishman Spyer Properties L.P., (hereinafter referred to
30" 21"
collectively as "RCPI or "moving defendants"), duly affirmed the day of May, 2019; the
exhibits annexed thereto, and all the pleadings and proceedings heretofore had herein,
LET all parties or their attorneys show cause at Part ___ of this Court, to be held at the
courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435, on the _ day of
May, 2019, or as soon thereafter as counsel can be heard, why an order should not be entered as
follows:
(i)pursuant to CPLR §3101(d) precluding the plaintiffs from offering any evidence at the time of
Plaintiffs'
trial regarding the matters contained in Exchange of Medical Information dated April
4, 2019, Response to Demand for Expert Witness Disclosure dated April 16, 2019, Response to
Demand for Expert Witness Disclosure, dated April 24, 2019, Response to Demand for Expert
Witness Disclosure, dated May 1, 2019 and precluding plaintiffs from calling all of the witnesses
plaintiffs'
at trial recently identified by counsel subsequent to the court agreeing to the plaintiff's
request for a May 28, 2019 trial date even though the court was inclined to pick a September or
October 2019 trial date; (ii)in the alternative, adjourning the trial scheduled for May 28, 2019 to
a date mutually convenient to the parties and the court; (iii)pursuant to CPLR §3124 and CPLR
§3216 compelling plaintiffs to furnish to defendants unrestricted pharmaceutical authorizations
and provide a copy of plaintiff, Jason McGrath's, General Equivalency Diploma and/or proof
that same was obtained; (iv) permitting defendants to conduct video trial testimony of
defendants'
vocational rehabilitation expert, Andrew Pasternak, M.A., prior to trial due to Mr.
Pasternak's severe medical condition resulting in a compromised immune system preventing him
from being in public places; and (v) such other and further relief as this Court may deem just and
proper.
IT IS FURTHER ORDERED, that service of a copy of this Order to Show Cause,
together with accompañying papers upon which it is granted, shall be served upon counsel of
record: (i) Frank J. Lombardo, Esq., Wingate, Russotti, Shapiro & Halpern, LLP, counsel for
plaintiffs, Jason McGrath and Alla McGrath, located at 420 Lexington Avenue, Suite 2750, New
York, New York 10170 by regular mail and electronic mail on or before the ____ day of May,
2019, shall be deemed good and sufficient service thereof.
2
ENTER:
J.S.C.
3
Preview
At Part ___ of the Supreme Court of the State of New York held in and for the County of Queens at the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435, on the _ day of May, 2019. PRESENT: HON. J.S.C. SUPREME COURT OF THE STATE OF NEW YORK , COUNTY OF QUEENS ----------------------------- --------------------------X JASON McGRATH and ALLA McGRATH, Index No.: 713224/15 Plaintiff, ORDER TO SHOW CAUSE -against - (MOTION IN LIMINIE) RCPI 30 ROCK 22234849, L.L.C., THE ROCKEFELLER CENTER TOWER CONDOMINIUM-TISHMAN SPYER PROPERTIES L.P., LAZAR GROUP, LLC and BENCHMARK BUILDERS, INC., Defendants. ----------------------------------------------------------------X UPON THE READING AND FILING of the annexed Affirmation of Donna Pascucci, Esq., a partner of the law firm of Milber Makris Plousadis & Seiden, LLP, attorneys of record for defendants, RCPI 30 Rock 22234849, L.L.C. and Tishman Speyer Properties i/s/h/a The Rockefeller Center Tower Condominium-Tishman Spyer Properties L.P., (hereinafter referred to 30" 21" collectively as "RCPI or "moving defendants"), duly affirmed the day of May, 2019; the exhibits annexed thereto, and all the pleadings and proceedings heretofore had herein, LET all parties or their attorneys show cause at Part ___ of this Court, to be held at the courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435, on the _ day of May, 2019, or as soon thereafter as counsel can be heard, why an order should not be entered as follows: (i)pursuant to CPLR §3101(d) precluding the plaintiffs from offering any evidence at the time of Plaintiffs' trial regarding the matters contained in Exchange of Medical Information dated April 4, 2019, Response to Demand for Expert Witness Disclosure dated April 16, 2019, Response to Demand for Expert Witness Disclosure, dated April 24, 2019, Response to Demand for Expert Witness Disclosure, dated May 1, 2019 and precluding plaintiffs from calling all of the witnesses plaintiffs' at trial recently identified by counsel subsequent to the court agreeing to the plaintiff's request for a May 28, 2019 trial date even though the court was inclined to pick a September or October 2019 trial date; (ii)in the alternative, adjourning the trial scheduled for May 28, 2019 to a date mutually convenient to the parties and the court; (iii)pursuant to CPLR §3124 and CPLR §3216 compelling plaintiffs to furnish to defendants unrestricted pharmaceutical authorizations and provide a copy of plaintiff, Jason McGrath's, General Equivalency Diploma and/or proof that same was obtained; (iv) permitting defendants to conduct video trial testimony of defendants' vocational rehabilitation expert, Andrew Pasternak, M.A., prior to trial due to Mr. Pasternak's severe medical condition resulting in a compromised immune system preventing him from being in public places; and (v) such other and further relief as this Court may deem just and proper. IT IS FURTHER ORDERED, that service of a copy of this Order to Show Cause, together with accompañying papers upon which it is granted, shall be served upon counsel of record: (i) Frank J. Lombardo, Esq., Wingate, Russotti, Shapiro & Halpern, LLP, counsel for plaintiffs, Jason McGrath and Alla McGrath, located at 420 Lexington Avenue, Suite 2750, New York, New York 10170 by regular mail and electronic mail on or before the ____ day of May, 2019, shall be deemed good and sufficient service thereof. 2 ENTER: J.S.C. 3