objections to bill of particulars new york

#OBJECTIONS TO BILL OF PARTICULARS NEW YORK TRIAL#

Plaintiff seeks to compel defendants to conduct depositions by remote video conferencing. Due to the onset of the coronavirus pandemic, that conference did not take place, and depositions have not occurred. A discovery conference on Januyielded a so-ordered stipulation among the parties the dates for the various party depositions were to be set at the next discovery conference, which was scheduled for March 18, 2020. Plaintiff's deposition did not occur by that date. Plaintiff asserted causes of action for negligence and medical malpractice, and under Public Health Law article 28.Ī preliminary conference was held on October 16, 2019, and the order generated at that conference stated that plaintiff's deposition was to occur on or before January 17, 2020. On February 28, 2019, plaintiff commenced this action to recover damages for personal injuries sustained by her decedent. For the reasons that follow, the court compels the defendants to conduct the depositions in this action remotely, subject to any further protective order or orders the court may issue.

#OBJECTIONS TO BILL OF PARTICULARS NEW YORK TRIAL#

Plaintiff's motion raises an issue with which New York State trial courts have been grappling since this past spring: whether to compel parties to conduct remote depositions. Arciero, Esq., Regenbaum Arciero McMillan & Burgess, P.C., New Windsor, NY, for defendant ArchCare Senior Life Charles, Esq., Sheeley LLP, New York, NY, for defendant Jopal Bronx, LLC (d/b/a Workmen's Circle Multicare Center) Widowki, Esq., Widowski Law Group, LLP, New York, NY, for defendant Montefiore Medical Center Umana, Esq., Sinel & Olesen, PLLC, New York, NY, for plaintiffĮsther S. Montefiore Medical Center, JOPAL BRONX, LLC, d/b/a WORKMEN'S CIRCLE MULTICARE CENTER and ARCHCARE SENIOR LIFE, Defendants. This opinion is uncorrected and subject to revision before publication in the printed Official Reports.Įrica Rodriguez, as Administratrix of the Estate of EDELMIRO RODRIGUEZ, Plaintiff, Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Objections to bill of particulars new york