`FILED: RICHMOND COUNTY CLERK 05/01/2019 11:29 AM
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` FILED. RICHMOND COUNTY CLERKMOS
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`NYSC.
`3F DOC. NO. 22
`C«IV«.D NYSC
`05/01/2019
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 05/01/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND PART 11
`.......................................................................... X
`DAVID SOTO AND PATRICIA SOTO
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`Plaintiffs,
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`SUMMARY JURY TRIAL
`STIPULATION & ORDER
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`- Against-
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`MAREK SZCZENSNY AND MAGDALENA SZCZESNY
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`Index No. 151785/2017
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`Defendants.
`__________________________________________________________________________X
`Present: HON. CATHERINE M. DIDOMENICO
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`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.
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`In addition to the above the parties agree to the following terms:
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`(1) The Summary Jury Trial shall be held on the issues of liability and damages.
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`(2) The following high/low damages parameters have been agreed upon by the two parties
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`Plaintiff David Soto = High of $100,000, Low of $0.
`Defendant Patricia Huertero= High of $85,000, Low of $5,000.
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`(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.
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`(4) The parties hereby agree that they will not file any written motions subsequent to the execution of
`this Stipulation.
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`(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.
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`INDEX NO. 151785/2017
`FILED: RICHMOND COUNTY CLERK 05/01/2019 11:29 AM
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`NYSC.
`3F DOC. NO. 22
`C«IV«.D NYSC
`05/01/2019
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 05/01/2019
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`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)
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`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)
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`(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.
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`(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.
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`SO STIPULATED:
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`Dated: May 1, 2019
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`SO ORDERED:
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`Hon. Catherine M. DiDomenico
`Acting Justice Supreme Court
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