Hess v. Blackstone

(Sup. Ct. Bronx Cty. 3/3/04)

We represented: Plaintiff

Yvonne Gonzalez, J.S.C.

DECISION and ORDER A Note of Issue dated December 24, 2003 was filed in this case. Defendant moves for various relief on grounds that plaintiff has not been deposed pursuant to the preliminary conference order. Plaintiff cross-moves pursuant to CPLR §3403(a)(4) for a special preference on grounds that plaintiff has reached the age of seventy.

The motion is granted to the extent that plaintiff is directed to appear for an EBT at Room 118 of this Courthouse on the 31st day of March, 2004 at 9:30 A.M. unless an earlier date is agreed to by written stipulation of the parties. If the EBT is not completed by the end of the day, the EBT is to continue day to day until completed.

The cross-motion is granted and this action shall be given a special preference pursuant to CPLR §3403(a)(4) upon service of a copy of this order upon the clerk of the Supreme Court, (room 217).

A copy of this decision and order shall be sent to the parties, from chambers, forthwith. This constitutes the decision and Order of the Court.