[DOWNLOAD] "Sarabella v. Nappo" by Suffolk County New York Supreme Court " Book PDF Kindle ePub Free

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eBook details

• Title: Sarabella v. Nappo
• Author : Suffolk County New York Supreme Court
• Release Date : January 27, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This action for breach of contract was commenced on January 2, 2002 to recover unpaid sums allegedly due plaintiff for labor, services and materials provided at the request of the defendants. On August 21, 2003, all parties appeared before this court for a preliminary conference at which time a Stipulation and Order was entered requiring that a demand for a bill of particulars be served by both parties on or before October 31, 2003 and that the bill of particulars be served by both parties on or before December 15, 2003. Also scheduled were depositions, to be held on January 22, 2004 and a compliance hearing on December 18, 2003. On October 29, 2003, plaintiffs counsel maintains that his office served plaintiff with a Demand for a Verified Bill of Particulars, to which no response has been received, to date, although plaintiffs attorney did fax an unsigned draft of said bill to the plaintiff, with whom he has allegedly had no contact. Defendants counsel avers that plaintiff has made no motion to vacate or modify his demand and states that the time to respond has expired and has not been extended. Also troublesome is the fact that plaintiff failed to appear for scheduled depositions on two occasions. Defendants now move this Court to preclude plaintiff from giving evidence at the trial in this action regarding the matters for which demands and particulars hav e not been delivered pursuant to CPLR 3042(c); and striking the complaint and dismissing plaintiffs action pursuant to CPLR 3126. In support of his application, plaintiff has appended copies of his various correspondence regarding plaintiffs noncompliance with discovery-related court orders; a copy of the summons, verified complaint and verified answer; a copy of the Preliminary Conference Stipulation and Order dated August 21, 2003; a copy of a transcript obtained at the deposition scheduled for March 17, 2004, at which plaintiff failed to appear; and a copy of a stipulation rescheduling the date of the parties depositions to April 29, 2004. In response, plaintiffs counsel has cross-moved this court for leave to withdraw as counsel, stating that the allegations contained in defendants motion are correct; maintaining that his client has not contacted him in several weeks; that plaintiff had failed to appear at depositions despite his promise to do so; and that his client has wholly failed to exhibit any indicia of continued cooperation.

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