On February 19, 2019 a
Motion-Secondary
was filed
involving a dispute between
Rebecca Charland,
and
Adirondack Region Chiropractic Pc,
John Fleury,
Real Estate Fleury,
for Torts - Other Negligence (Negligence (Slip & Fall))
in the District Court of Franklin County.
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At a Motion Term of the Supreme Court
held in and for the County of Franklin at
the Franklin County Courthouse, Malone,
19th
New York on the day of August,
2019.
PRESENT: Hon. John T. Ellis, J.S.C.
Justice Presiding
STATE OF NEW YORK
SUPREME COURT COUNTY OF FRANKLIN
REBECCA CHARLAND,
ORDER
Plaintiff,
Index No. E2019-152
vs.
ADIRONDACK REGION CHIROPRACTIC,
P.C. and JOHN FLEURY d/b/a FLEURY REAL
ESTATE,
Defendants.
Defendant, John Fleury d/b/a Fleury Real Estate, having moved this Court for an Order
compelling Plaintiff, Rebecca Charland, to serve responses to Defendant's Demand for a Verified
Bill of Particulars, Omnibus Discovery Demands and Notice to Produce within forty-five (45) days
of entry of the Court's Order, or be precluded from offering any evidence at the time of trial in
support of the allegations in the Complaint;
NOW, upon reading and filing the Notice of Motion, dated July 1, 2019, the Affirmation
"A" -
of Matthew P. Germain, Esq., of the same date, with exhibits "E"; and no opposition having
been received; and the motion having come to be heard on August 19, 2019 and due deliberation
having been had, and the Court having rendered a decision by the Hon. John T. Ellis, Justice of
the Supreme Court, it is:
{S1045913.1}
ORDERED, that the motion of Defendant, John Fleury d/b/a Fleury Real Estate, is hereby
GRANTED; and it isfurther
ORDERED, that Plaintiff is to provide responses to Defendant's Demand for a Verified
Bill of Particulars, Omnibus Discovery Demands and Notice to Produce within forty-five (45) days
of entry of this Order or be precluded from offering any evidence at the time of trial in support of
the allegations in the Complaint.
IT IS SO ORDERED:
Honorable John T. Ellis
Justice of Supreme Court
ENTERED:
[ S1045913.
I} 2
Document Filed Date
August 29, 2019
Case Filing Date
February 19, 2019
Category
Torts - Other Negligence (Negligence (Slip & Fall))
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At a Motion Term of the Supreme Court held in and for the County of Franklin at the Franklin County Courthouse, Malone, 19th New York on the day of August, 2019. PRESENT: Hon. John T. Ellis, J.S.C. Justice Presiding STATE OF NEW YORK SUPREME COURT COUNTY OF FRANKLIN REBECCA CHARLAND, ORDER Plaintiff, Index No. E2019-152 vs. ADIRONDACK REGION CHIROPRACTIC, P.C. and JOHN FLEURY d/b/a FLEURY REAL ESTATE, Defendants. Defendant, John Fleury d/b/a Fleury Real Estate, having moved this Court for an Order compelling Plaintiff, Rebecca Charland, to serve responses to Defendant's Demand for a Verified Bill of Particulars, Omnibus Discovery Demands and Notice to Produce within forty-five (45) days of entry of the Court's Order, or be precluded from offering any evidence at the time of trial in support of the allegations in the Complaint; NOW, upon reading and filing the Notice of Motion, dated July 1, 2019, the Affirmation "A" - of Matthew P. Germain, Esq., of the same date, with exhibits "E"; and no opposition having been received; and the motion having come to be heard on August 19, 2019 and due deliberation having been had, and the Court having rendered a decision by the Hon. John T. Ellis, Justice of the Supreme Court, it is: {S1045913.1} ORDERED, that the motion of Defendant, John Fleury d/b/a Fleury Real Estate, is hereby GRANTED; and it isfurther ORDERED, that Plaintiff is to provide responses to Defendant's Demand for a Verified Bill of Particulars, Omnibus Discovery Demands and Notice to Produce within forty-five (45) days of entry of this Order or be precluded from offering any evidence at the time of trial in support of the allegations in the Complaint. IT IS SO ORDERED: Honorable John T. Ellis Justice of Supreme Court ENTERED: [ S1045913. I} 2