To date, no action has been taken on the proposed order. On July 1, 1986, the defendants submitted a proposed order with notice of settlement reflecting the denial. Since the "Information Sheet" made available to counsel by the Justice presiding in IAS Part X, where the personal injury action is pending, provides that motions may not be made without a premotion conference, the defendants thereafter moved orally at a pretrial conference on June 16, 1986, pursuant to CPLR 3043 (b), for a further physical examination and deposition of the plaintiff with respect to this alleged continuing item of special damage and disability. The plaintiff alleged that he is being "medically discharged from the United States Coast Guard" as a result of the accident. After a note of issue and statement of readiness had been filed, the plaintiff claimed, for the first time, in a second further supplemental bill of particulars, dated June 11, 1986, future lost earnings (approximately $1,000,000), based on his "inability to engage in his livelihood". This proceeding is an outgrowth of a personal injury action which has its origins in an automobile accident. P., SULLIVAN, CARRO and ROSENBERGER, JJ., concur. C., attorneys), for Haywood Petioni and others, plaintiffs in the underlying action. Petersen of counsel (Robert Abrams, Attorney-General, attorney), for respondent.Īnnette Scarano of counsel (Subin Associates, P. ![]() Sands of counsel (Jones Hirsch Connors & Bull, attorneys), for petitioners.Ībigail I. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.In the Matter of William Grisi et al., Petitioners,īeatrice Shainswit, as Justice of the Supreme Court of The State of New York, RespondentĪppellate Division of the Supreme Court of the State of New York, First Department. For more articles and information, please visit J. If you have any questions or comments, please feel free to contact Mr. An attorney should be consulted for legal advice. No statute should be relied on without understanding controlling case law which may further interpret it. Updated statutes and codes may be available at the New York State Legislature Website. ![]() Statutes and codes such as CPLR 3130 are frequently amended, and no representation is made that the above version of CPLR 3130 is current. Douglas Barics, attorney at law for reference only. ![]() This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. ![]() After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.Ģ. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. CPLR 3130: Use of Interrogatories CPLR 3130ġ.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |