`NYSCEF DOC. NO. 71
`
`INDEX NO. e2019-0008
`
`RECEIVED NYSCEF: 12/10/2021
`
`At the Part of Supreme Court of the State Of New
`York in and for Schuyler County at the Courthouse,
`Schyuler County, on ________________
`
`Index #E2019-0008
`Baker, J.S.C.
`
`
`Present: The Honorable Christopher P. Baker
`
`
`Justice of the Supreme Court
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SCHUYLER
`------------------------------------------------------------------X
`JANNETTE ALLEN,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`- v. -
`
`
`MAINSTAY BUILDERS, LLC,
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`
`
`ORDER GRANTING DEFENDANT’S MOTIONS
`ON NOTE OF ISSUE AND DISCOVERY
`
`
`WHEREAS
`
`A.
`
`On July 22, 2021, Defendant Mainstay Builders, LLC (“Mainstay”) filed a motion in
`
`the above-captioned action (the “Action”) with the Court to amend the caption, vacate the Note of
`
`Issue and Certificate of Readiness, dated June 30, 2021, compelling further disclosure and extending
`
`the discovery deadline, which motion was supported by the Affirmation of Liam G.B. Murphy In
`
`Support of Defendant’s Motions To Amend Caption, Vacate the Note Of Issue And Certificate Of
`
`Readiness, Compel Disclosure And To Extend The Discovery Deadline (“the Murphy Affirmation”)
`
`as well as and all other proceedings had in the above-captioned action (the “Action”).
`
`B.
`
`On August 11, 2021, Plaintiff Janette Allen (“Allen”) opposed Mainstay’s Motion
`
`and asked the Court to accept an Amended Note of Issue by Attorney Affirmation In Opposition
`
`To Defendant’s Motion of the same date by Luciano L. Lama.
`
`C.
`
`On December 1, 2021, Mainstay filed the Reply Affirmation of Liam G.B. Murphy
`
`In Support of Defendant’s Motions To Amend Caption, Vacate the Note Of Issue And Certificate
`
`
`
`1
`
`
`
`FILED: SCHUYLER COUNTY CLERK 12/10/2021 02:45 PM
`NYSCEF DOC. NO. 71
`
`INDEX NO. e2019-0008
`
`RECEIVED NYSCEF: 12/10/2021
`
`Of Readiness, Compel Disclosure And To Extend The Discovery Deadline
`
`D.
`
`The motion came before the Court on December 3, 2021 at which time both counsel
`
`were heard,
`
`NOW, on motion of Liam G.B. Murphy, attorney for Mainstay, the Court grants Mainstay’s
`
`Motion and it is hereby ORDERED:
`
`1.
`
`The caption in this Action is hereby amended to read as the caption now set forth on
`
`this Order
`
`2.
`
`Plaintiff’s Note of Issue and Certificate of Readiness, dated June 30, 2021, is hereby
`
`vacated and Plaintiff is ordered to and given leave to refile, on or before February 11, 2022 without
`
`payment of further fees, a corrected Note of Issue and Certificate of Readiness reflecting the
`
`Court’s prior rulings (including – but not limited to - the Order, dated December 7, 2020 granting
`
`Defendants’ Motion To Dismiss).
`
`3.
`
`Plaintiff shall respond in full to Mainstay’s discovery demands, including (but not
`
`limited to) those demands specified in Murphy Affirmation, Exhibits F & H, on or before
`
`December 31, 2021. In particular, Plaintiff shall produce to Mainstay any and all photographs of the
`
`subject property in their original format.
`
`4.
`
`Plaintiff shall permit Defendant’s designated expert to inspect the subject premises
`
`on or before January 7, 2022.
`
`5.
`
`The parties shall complete any and all other discovery by January 21, 2022.
`
`Dated: ________________
`
`Watkins Glen, NY
`
`
`
`
`
`ENTER
`
`
`Copies:
`
`Luciano L. Lama
`
`Liam G.B. Murphy
`
`
`
`
`
`
`
`
`
`
`
`
`
`________________________________
`Hon. Christopher P. Baker
`Justice of the Supreme Court
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
