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Preliminary Conference Order Part IA-3 - New York
| Preliminary Conference Order Part IA-3 Form. This is a New York form and can be used in Supreme Court Bronx Local County . |
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PRELIMINARY CONFERENCE ORDER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX PART IA-3 325 (d) x Comp. Conf. N.O.I. due Plaintiff(s) - against - Index Number: PC Date: Defendant(s) Hon.: x 1. INSURANCE COVERAGE: (a) Defendant: City of New York Defendant: Defendant: Defendant: (b) / / / / Amt: Amt: Amt: Amt: Defendant(s) to provide evidence of all insurance within 60 days, to extent not previously provided. 1. BILL OF PARTICULARS: A verified bill of particulars for affirmative defenses shall be served by within 60 days of this order or receipt of the demand therefore, whichever is later. MEDICAL REPORTS AND AUTHORIZATIONS (TO BE PROVIDED WITHIN 60 DAYS): (a) Plaintiff(s) shall provide authorizations to obtain records of all treating and examining health care providers, including diagnostic tests, x-rays, MRIs, EMGs, CT Scans, for injuries specified in the bill of particulars. (b) (c) II. Plaintiff(s) shall provide an authorization for collateral source information, if any. If plaintiff is claiming a loss of income or wages, if plaintiff is self-employed, authorizations for IRS records, or if employed, then authorizations for employment records, shall be provided for the year of, year before and year after the date of the alleged accident, as well as authorizations for the period of time lost from work as a result of the alleged accident. If, plaintiff was a student at the time of the alleged accident, plaintiff shall provide an authorization for school records for the day of the accident and for the period of time lost from school as a result of the alleged accident. For cases alleging police assault or false arrest, plaintiff shall provide an authorization for unsealing of the Criminal Court file and for Police Department records. C-1 Rev. 8/02 American LegalNet, Inc. www.FormsWorkflow.com (d) (e) IV. DEPOSITIONS: (check applicable box) (a) The depositions of the following parties shall take place on at a.m./p.m. within the Office of the Corporation Counsel located at 198 East 161'' Street, Bronx, New York, or as otherwise agreed: All parties Plaintiff(s) Defendant(s) Waived by (b) as to Defendant(s) reserve the right to a further deposition of plaintiff(s), as to any new injuries or damages claimed in any supplemental bill of particulars served by plaintiff(s) following the plaintiff s deposition. V. PHYSICAL EXAMINATION: (a) A physical examination of the plaintiff shall be scheduled within 60 days after plaintiff s examination before trial. (b) A copy of the physician's report shall be furnished to plaintiff(s) within 60 days after the examination. Defendant(s) reserve the right to a further physical as to any new injuries claimed in any supplemental bill of particulars served by plaintiff(s). (c) VI. OTHER DISCLOSURE: (a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses; accident reports; party statements; photographs taken in the ordinary course of business within 60 days. (b) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide the following information to all parties within 60 days, subject to the date and location specified in the notice of claim (check if applicable). 1. Premises Liability Cases: i. ii. Departmental accident/incident report from respective City agency; For non-transitory conditions, maintenance and repair records and written complaints regarding the condition complained of for 2 years prior to and including the date of occurrence. For transitory conditions, maintenance and written complaints regarding the condition complained of for 2 months prior to and including the date of the occurrence. Lease and or sublease for the City-owned building, if applicable. -2C-2 Rev. 8/02 American LegalNet, Inc. www.FormsWorkflow.com iii. iv. 2. Slip and Fall Cases (Department of Sanitation): To be produced at EBT of defendant City of New York: District Operation Log (carting book) for the period of 2 weeks prior to and i. including the date of the occurrence. ii. District Snow Operation Book for the above period of time. iii. Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above time period, if the occurrence took place in the roadway. 3. Trip and Fall Cases (Department of Transportation (DOT): Applications for permits and permits for 2 years prior to and including the i. date of occurrence; ii. Cut forms and repair orders for 2 years prior to and including the date of occurrence; Violations issued for 2 years prior to and including the date of occurrence; iii. iv. Contracts and all related contract documents (e.g., progress reports) for 2 years prior to and including the date of occurrence will be made available for inspection at either the Office of the Corporation Counsel located at 198 East 161st Street, Bronx, New York, or the appropriate City agency, upon appointment; v. Complaints made for 2 years prior to and including the date of occurrence; vi.. Copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map, filed at least 15 days prior to the date of occurrence, if incident occurred on a sidewalk or in a crosswalk. 4. Cases involving allegations of defective traffic signals (DOT): i. ii. iii. iv. Maintenance and repair records for 2 months prior to and including date of occurrence; Complaints made for 2 months prior to and including date of occurrence; The name and address of the contractor responsible for maintenance of the traffic signals on date of the occurrence and for 2 months prior thereto; A copy of the contract(s) in effect at the time of occurrence and for 2 months prior thereto will be made available for inspection at either the Office of the Corporation Counsel located at 198 East 161st Street, Bronx, New York, or the appropriate City agency, upon appointment. 5. Cases involving allegations of defective traffic signs (DOT): i. ii. Maintenance and repair records for 2 months prior to and including the date of occurrence; Complaints for 2 months prior to and including the date of occurrence. -3- C-3 Rev. 8/02 American LegalNet, Inc. www.FormsWorkflow.com 6. Cases involving allegations of police misconduct: The City will provide the following writhing 60 days after the receipt from plaintiff, of an authorization and ''so-ordered'' unsealing order described in III (e) above: i. Complaint report; ii. Complaint follow-up report(s); iii. Arrest report; Memo book entries for incident
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