On February 25, 2014 a
Order
was filed
involving a dispute between
Robin Patterson,
and
Nxk Corp. D B A Ambu-Trans Ambulette Corp.,
for Tort
in the District Court of New York County.
Preview
INDEX NO. 151641/2014
(FILED: NEW YORK COUNTY CLERK _10/71972616-03;48 AM
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 10/19/2016
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
“HON, CAROL
R. EDMEAD
PRESENT: PART 357
Justice
—
Index Number : 151641/2014
PATTERSON, ROBIN INDEX NO.
vs. MOTION DATE Lofixte
NXK CORP.
SEQUENCE NUMBER : 002 MOTION SEQ. NO.
STRIKE ANSWER -
The following papers, numbered 1 to , Were read on this motion to/for
Notice of Motion/Order to Show Cause — Affidavits — Exhibits [ No(s).
Answering Affidavits — Exhibits TNojs).
Replying Affidavits No{s).
Upon the foregoing papers, it is ordered that this motion is
It is hereby
ORDERED that defendant’s answer, affirmative defense, and any and all counterclaims are
hereby dismissed, without prejudice, for failure to substantially comply with this Court’s order
dated May 10, 2016. Such blatant and wilful disregard of this Court’s Order, without any
reasonable excuse, warrants the sanction set forth in CPLR §3126 (3); Pimental v. City of New
York, 246 AD2d 467, 668 NYS2d 187 [1st Dept 1998]). Defendant may seek renewal of the motion
upon full compliance with this order prior to the date of the inquest; And it is further
ORDERED that the parties shall report to Part 35 for an inquest of damages against
defendant on January 18, 2017 at 10:00 a.m., and it is further
ORDERED that plaintiff serve a copy of this order with notice of entry upon the Clerk of
the Trial Support Office (Room 158), file of a note of issue and a statement of readiness and pay
the proper fees, if any, by October 31, 2016 for the assessment hereinabove directed; and it is
further
ORDERED that the cross-motion is denied, without prejudice; and it is further
ORDERED that plaintiff shall serve a copy of this order with notice of entry within twenty
days of entry on all counsel within 20 days of entry.
This constitutes the decision and order of the Court.
paves: _/0
[1 ¥ [Ie HK Exh O
HON. CAROL R. EDMFan
41. CHECK ONE: ........ CI case DISPOSED" NON-FINAL DISPOSITION
2. CHECK AS APPROPRIA’ MOTION IS: [1] GRANTED CIDENIED SA grantep IN PART COTHER
3. CHECK IF APPROPRIATE: ....+.01000» ssn [SETTLE ORDER Ci susmit ORDER
CIDO NOT POST COFIDUCIARY APPOINTMENT (]REFERENCE
lofl
Document Filed Date
October 19, 2016
Case Filing Date
February 25, 2014
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INDEX NO. 151641/2014 (FILED: NEW YORK COUNTY CLERK _10/71972616-03;48 AM NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 10/19/2016 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY “HON, CAROL R. EDMEAD PRESENT: PART 357 Justice — Index Number : 151641/2014 PATTERSON, ROBIN INDEX NO. vs. MOTION DATE Lofixte NXK CORP. SEQUENCE NUMBER : 002 MOTION SEQ. NO. STRIKE ANSWER - The following papers, numbered 1 to , Were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits [ No(s). Answering Affidavits — Exhibits TNojs). Replying Affidavits No{s). Upon the foregoing papers, it is ordered that this motion is It is hereby ORDERED that defendant’s answer, affirmative defense, and any and all counterclaims are hereby dismissed, without prejudice, for failure to substantially comply with this Court’s order dated May 10, 2016. Such blatant and wilful disregard of this Court’s Order, without any reasonable excuse, warrants the sanction set forth in CPLR §3126 (3); Pimental v. City of New York, 246 AD2d 467, 668 NYS2d 187 [1st Dept 1998]). Defendant may seek renewal of the motion upon full compliance with this order prior to the date of the inquest; And it is further ORDERED that the parties shall report to Part 35 for an inquest of damages against defendant on January 18, 2017 at 10:00 a.m., and it is further ORDERED that plaintiff serve a copy of this order with notice of entry upon the Clerk of the Trial Support Office (Room 158), file of a note of issue and a statement of readiness and pay the proper fees, if any, by October 31, 2016 for the assessment hereinabove directed; and it is further ORDERED that the cross-motion is denied, without prejudice; and it is further ORDERED that plaintiff shall serve a copy of this order with notice of entry within twenty days of entry on all counsel within 20 days of entry. This constitutes the decision and order of the Court. paves: _/0 [1 ¥ [Ie HK Exh O HON. CAROL R. EDMFan 41. CHECK ONE: ........ CI case DISPOSED" NON-FINAL DISPOSITION 2. CHECK AS APPROPRIA’ MOTION IS: [1] GRANTED CIDENIED SA grantep IN PART COTHER 3. CHECK IF APPROPRIATE: ....+.01000» ssn [SETTLE ORDER Ci susmit ORDER CIDO NOT POST COFIDUCIARY APPOINTMENT (]REFERENCE lofl