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INDEX NO. 151785/2017
`FILED: RICHMOND COUNTY CLERK 05/01/2019 11:29 AM
`
` FILED. RICHMOND COUNTY CLERKMOS
`
`
`
`
`
`
`NYSC.
`3F DOC. NO. 22
`C«IV«.D NYSC
`05/01/2019
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 05/01/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND PART 11
`.......................................................................... X
`DAVID SOTO AND PATRICIA SOTO
`
`Plaintiffs,
`
`SUMMARY JURY TRIAL
`STIPULATION & ORDER
`
`- Against-
`
`MAREK SZCZENSNY AND MAGDALENA SZCZESNY
`
`Index No. 151785/2017
`
`Defendants.
`__________________________________________________________________________X
`Present: HON. CATHERINE M. DIDOMENICO
`
`As per the pre-trial and charging conferences held on 4/29/2019 and 5/1/2019, IT IS HEREBY
`STIPULATED AND AGREED, that the parties to this action, by their respective attorneys, agree to a
`binding summary jury trial, subject to the Richmond County Summary Jury Trial Rules. Unless
`specified by the Court the rules for the Summary Jury Trial in Richmond County shall govern this
`action, evidentiary rulings in this action, and the conduct of counsel and the parties during the
`Summary Jury Trial scheduled herein. The signatories to this Stipulation and Order represent that they
`have the authority of their respective clients and/or insurance carriers to enter into this So Ordered
`Stipulation.
`
`In addition to the above the parties agree to the following terms:
`
`(1) The Summary Jury Trial shall be held on the issues of liability and damages.
`
`(2) The following high/low damages parameters have been agreed upon by the two parties
`
`Plaintiff David Soto = High of $100,000, Low of $0.
`Defendant Patricia Huertero= High of $85,000, Low of $5,000.
`
`(3) The parties hereby waive the right to move to set aside the verdict, or to appeal from the verdict,
`and costs and disbursements associated with the matter are waived.
`
`(4) The parties hereby agree that they will not file any written motions subsequent to the execution of
`this Stipulation.
`
`(5) Counsel for both parties have held a pre-trial charge conference with the Court. A section post-
`trial charge conference will be held at the close of evidence. Pursuant to the pre—trial charge
`conference counsel for both parties have agreed to a stipulated verdict sheet which shall be prepared by
`the Defendants’ attorney and signed by both attorneys.
`1
`
`lof2
`1 of 2
`
`

`

`INDEX NO. 151785/2017
`FILED: RICHMOND COUNTY CLERK 05/01/2019 11:29 AM
`
`
`
`
`
`
`
`NYSC.
`3F DOC. NO. 22
`C«IV«.D NYSC
`05/01/2019
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 05/01/2019
`
`In addition to the above, the following Pattern Jury Instructions have been agreed to by both parties.
`PJI 1:1 - 1:14 (General Pre-Charges)
`_
`PM 1:20 — 1:27 (Procedure)
`PJI 1:60; 1:91; 1:97 (General Instructions)
`PJI 2:10; 2:12; 2:36; 2:70; 2:77; 2277.1; 2:82; 2:83; 2:28(A) (with reference to the verdict sheet
`removed on consent) (Negligence)
`PJI 2-88F (Threshold)
`PJI21277; 2:277A; 2:280; 22280.1; 2:281 (Damages)
`
`(6) As the issues of ownership and permissive use have been resolved between the parties the
`Defendant MAGDALENA SZCZESNY has been removed from all items that will be seen by the Jury
`or read by the Court.
`
`(7) Both parties agree to limit themselves to 10 minute opening and summation statements, and one
`and a half hours each (1 :30) for their trial presentations.
`
`SO STIPULATED:
`
`
`
`
`
`Dated: May 1, 2019
`
`SO ORDERED:
`
`Hon. Catherine M. DiDomenico
`Acting Justice Supreme Court
`
`20f2
`2 of 2
`
`

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