FILED: WESTCHESTER COUNTY CLERK 03/23/2023 09:20 AM
`NYSCEF DOC. NO. 87
`RECEIVED NYSCEF: 03/23/2023
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`-----------------------------------------------------------------------x
`A&F PARTNERS, LLC,
`Plaintiff( s),
`
`INDEX NO. 65034/2018
`
`COMPLIANCE CONFERENCE
`ORDER
`Index No. 65034/2018
`
`-against-
`
`INC., PCT CONTRACTING,
`A&J CIANCIULLI,
`LLC, PCI INDUSTRIES CORP., et aI.,
`Defendant( s).
`----------------------------------------------------------------------x
`A&J CIANCIULLI,
`INC.,
`Third-Party Plaintiff,
`
`-against-
`
`PCT CONTRACTING, LLC.,
`
`Third-Party Defendant
`----------------------------------------------------------------------x
`WOOD,J.
`to the virtual Compliance
`the lAS Rules of this Court and pursuant
`In accordance with CPLR 3104,
`Conference held by Margaret
`I. Corchado, Court Attorney Referee, on March 22, 2023,
`the Court makes the
`following findings:
`J. Garth Foley, Esq.
`Appearances: Plaintiff(s)
`Defendant(s) Michael R. Manarel, Esq. for A&J
`David H. Schultz, Esq. for PCT Contracting
`IT IS DIRECTED that disclosure shall proceed and be completed as follows:
`1. Defendant A&J filed a discovery motion related to plaintiffs
`failure to provide full responses to defendants'
`4/7/22 deficiency letters, an authorization for the entire claim file and/or a Jackson affidavit.
`If the motion, which is returnable on March 31, 2023, is still pending on June 14, the next conference will be
`administratively adjourned to a future date set forth in the motion decision.
`
`2.
`
`they have no
`of deposition dates will be granted. Parties are reminded that
`No further adjournments
`authority to adjourn Court-ordered
`depositions without
`leave of Court.
`In no event shall
`the claim that
`document discovery has been withheld be the basis for failing to conduct a deposition as ordered herein.
`Noncompliance with this order shall result
`in depositions being deemed waived and/or shall be grounds for
`the striking of pleadings, waiver, dismissal, preclusion,
`imposition of costs and/or sanctions and any other
`relief the Court deems warranted.
`in good faith either in person or by telephone prior to this conference
`Parties are expected to confer
`regarding all discovery issues (22 NYCRR S 202.20-f). All parties are expected to use their best efforts to proceed
`with this action and pursue discovery in a cooperative fashion in accordance with the Administrative Orders of
`the Chief Administrative Judge issued on March 19, 2020 (A0/71/20)
`and June 22, 2020 (A0/129/20).
`Any
`parties failing to appear at the Compliance Conference shall be bound by the terms hereof and any disclosure
`.demands not raised at the Compliance Conference are deemed waived.
`The parties shall appear for a virtual Compliance Conference on June 14,2023 at 12:30 P.M. [subject to
`confirmation by the virtual conference link emailed by the Part c~e
`.'
`..-_.-
`
`Dated: March 22, 2023
`White Plains, New York
`
`SO ORDE
`
`D:,
`
`HON. CHA
`Justice of th
`
`1 of 1
`
`