![]() With regard to the merits of the instant motion, the Court is mindful that this matter was scheduled for trial multiple times and notwithstanding the matter having been marked "Final" on September 9, 2015, Plaintiff's counsel proceeded to serve a "2nd Supplemental Bill of Particulars" on Defense counsel on September 8, 2015, literally one day before trial. ![]() This is not to imply that late service of papers is acceptable and Counsel is warned that future late filings will result in careful consideration of any history of non-compliance under the CPLR. As such, Plaintiff's argument that it is prejudiced by virtue of the service of the Order to Show Cause by one day is unpersuasive and is rejected. However, after oral argument, the Court granted Plaintiff additional time to serve its opposition thereto. It is undisputed that Defendant's Order to Show Cause was served one day late. Ali Guy and Gramercy Park Physical Medicine.Īs an initial matter, Plaintiff argues that Defendant's motion should be denied as it failed to demonstrate timely service of the Order to Show Cause. Skinner, Esq., 875 Merrick Avenue, Westbury, NY 11590.ĭefendant moves for an Order to strike Plaintiff's amended Bill of Particulars, which Defendant contends that Plaintiff incorrectly refers to as a "2nd Supplemental Bill of Particulars" and to preclude Plaintiff from offering any evidence with respect to any and all treatment by Dr. Subin, Esq., 150 Broadway-23rd Fl., New York, NY 10038 ĭefendant is represented by James G. ![]() ![]() Plaintiff is represented by Subin Associates, LLP, by Eric D. This opinion is uncorrected and subject to revision before publication in the printed Official Reports.Ĭivil Court of the City of New York, Kings County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Civil Court Of The City Of New York, Kings County ![]()
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