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VAN OUN Kk 09 WV INDEX NO. E2017-830
OU
NYSCEF DOC. N RECEIVED NYSCEF: 08/20/2020
MICHAEL F. MC GUIRE
Acting Supreme Court Justice
Sullivan County Government Center
100 North Street
Monticello, NY 12701
(845) 791-3523 / (845) 476-3644 fax
McguireChambers@nycourts.go
Law Clerk Confidential Secretary
Hannah Rose Prall, Esq. Brittany Benton
November 20, 2018
The Law Office of Sobo & Sobo, LLP Gruvman, Giordano & Glaws, LLP
Attn: Alexis Hall, Esq. Attn: Erica W. Fenstermacher, Esq.
Via Email: piannuzzi@sobolaw.com Via Email: ewf@g3law.com
Attn: William Thonus, Esq.
Via Email: wthonus@sobolaw.com Burke, Scolamiero & Hurd, LLP
Attn: Greg Sobo, Esq. Attn: Melissa Smallacombe, Esq.
Via Email: gregsobo@sobolaw.com Via Email: melissa@bshlaw.us
Law Office of Thomas K. Moore
Attn: Thomas Moore, Esq.
Via Email: tkmoore@travelers.com
Re: Sunnekalb v. Kohl’s New York, D.C., Inc.
Index No.: 0830-2017
Dear Counselors:
A compliance conference was held on November 19, 2018, at which time Peter Jannuzzi,
Esq., of the Law Office of Sobo & Sobo, LLP, appeared for Plaintiff, Erica Fenstermacher, Esq.,
of Gruvman, Giordano & Glaws, LLP, appeared for Defendant/Third-Party Plaintiff Kohl’s,
Thomas Moore, Esq., of the Law Office of Thomas K. Moore, appeared on behalf of Third Party
Defendant JMP Pincz, Inc., and Melissa Smallacombe, Esq., of Burke Scolamiero & Hurd, LLP,
having also been present, although has not officially appeared, for Third-Party Defendant JMP
Pincz, Inc.
The instant matter concerns two slip and fall accidents alleged to have occurred at
Defendant Kohl’s premises on different dates, Third-Party Defendant JMP Pincz, Inc., provided
snow removal services for Defendant at the relevant times but had different insurance carriers for
each of the dates at issue. The Law office of Thomas K. Moore served an Answer covering
both alleged accidents, however this firm is engaged by the carrier for the second alleged slip
and fall. The carrier for the first alleged slip and fall is represented by Burke Scolamiero &
Hurd, LLP.
Given the ethical considerations/legal issues this situation presents the parties indicated
that they will consider whether the action can be separated into two actions, but joined for
FILED IN SULLIVAN COUNTY CLERKS OFFICE 8/21/2020
Kk 09 nM INDEX NO. E2017-830
VAN OUN OU
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 08/20/2020
discovery and trial purposes, on consent. If there is no consent a formal motion will be
required.
Accordingly, after discussion, the following schedule was agreed to
1, A determination as to whether the parties can consent to the separation of the actions
or whether a formal motion will be required shall be made by no later than December.
{0,'2018, and the Court informed of the same.
If there is no consent a formal motion shall be made (CPLR §2211, 2103(b)(2)) by no
later than December-31, 2018.
If the parties are in agreement to the separation of the actions, a compliance
conference is scheduled for:
Date: De ber-17,2018
Time 2:30pm
Location: Judge’s Courtroom in the Sullivan County Family Court,
100 North Street, Monticello, New York.
£SO:ORDERED”
Very truly yours,
ICHAEL F. McGUIRE
Acting Justice, Supreme Court
MFM
Cc Sarah Katzman, Chief Clerk, Supreme and County Courts
Sullivan County Clerk
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VAN OUN Kk 09 WV INDEX NO. E2017-830 OU NYSCEF DOC. N RECEIVED NYSCEF: 08/20/2020 MICHAEL F. MC GUIRE Acting Supreme Court Justice Sullivan County Government Center 100 North Street Monticello, NY 12701 (845) 791-3523 / (845) 476-3644 fax McguireChambers@nycourts.go Law Clerk Confidential Secretary Hannah Rose Prall, Esq. Brittany Benton November 20, 2018 The Law Office of Sobo & Sobo, LLP Gruvman, Giordano & Glaws, LLP Attn: Alexis Hall, Esq. Attn: Erica W. Fenstermacher, Esq. Via Email: piannuzzi@sobolaw.com Via Email: ewf@g3law.com Attn: William Thonus, Esq. Via Email: wthonus@sobolaw.com Burke, Scolamiero & Hurd, LLP Attn: Greg Sobo, Esq. Attn: Melissa Smallacombe, Esq. Via Email: gregsobo@sobolaw.com Via Email: melissa@bshlaw.us Law Office of Thomas K. Moore Attn: Thomas Moore, Esq. Via Email: tkmoore@travelers.com Re: Sunnekalb v. Kohl’s New York, D.C., Inc. Index No.: 0830-2017 Dear Counselors: A compliance conference was held on November 19, 2018, at which time Peter Jannuzzi, Esq., of the Law Office of Sobo & Sobo, LLP, appeared for Plaintiff, Erica Fenstermacher, Esq., of Gruvman, Giordano & Glaws, LLP, appeared for Defendant/Third-Party Plaintiff Kohl’s, Thomas Moore, Esq., of the Law Office of Thomas K. Moore, appeared on behalf of Third Party Defendant JMP Pincz, Inc., and Melissa Smallacombe, Esq., of Burke Scolamiero & Hurd, LLP, having also been present, although has not officially appeared, for Third-Party Defendant JMP Pincz, Inc. The instant matter concerns two slip and fall accidents alleged to have occurred at Defendant Kohl’s premises on different dates, Third-Party Defendant JMP Pincz, Inc., provided snow removal services for Defendant at the relevant times but had different insurance carriers for each of the dates at issue. The Law office of Thomas K. Moore served an Answer covering both alleged accidents, however this firm is engaged by the carrier for the second alleged slip and fall. The carrier for the first alleged slip and fall is represented by Burke Scolamiero & Hurd, LLP. Given the ethical considerations/legal issues this situation presents the parties indicated that they will consider whether the action can be separated into two actions, but joined for FILED IN SULLIVAN COUNTY CLERKS OFFICE 8/21/2020 Kk 09 nM INDEX NO. E2017-830 VAN OUN OU NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 08/20/2020 discovery and trial purposes, on consent. If there is no consent a formal motion will be required. Accordingly, after discussion, the following schedule was agreed to 1, A determination as to whether the parties can consent to the separation of the actions or whether a formal motion will be required shall be made by no later than December. {0,'2018, and the Court informed of the same. If there is no consent a formal motion shall be made (CPLR §2211, 2103(b)(2)) by no later than December-31, 2018. If the parties are in agreement to the separation of the actions, a compliance conference is scheduled for: Date: De ber-17,2018 Time 2:30pm Location: Judge’s Courtroom in the Sullivan County Family Court, 100 North Street, Monticello, New York. £SO:ORDERED” Very truly yours, ICHAEL F. McGUIRE Acting Justice, Supreme Court MFM Cc Sarah Katzman, Chief Clerk, Supreme and County Courts Sullivan County Clerk 2 of 2