Bowman v City of New York

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Bowman v City of New York 2021 NY Slip Op 31541(U) May 6, 2021 Supreme Court, New York County Docket Number: 160009/2015 Judge: Erika M. Edwards Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*[FILED: 1] NEW YORK COUNTY CLERK 05/06/2021 04:49 P~ NYSCEF DOC. NO. 83 INDEX NO. 160009/2015 RECEIVED NYSCEF: 05/06/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ERIKA M. EDWARDS II Justice ---------------------------------------------------------------------------------X ROBERT BOWMAN, INDEX NO. MOTION DATE Plaintiff, MOTION SEQ. NO. 160009/2015 04/02/2020 001 -vTHE CITY OF NEW YORK and PROJECT RENEWAL INC. DECISION + ORDER ON MOTION Defendants . . -----------------------------,---------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 27, 28, 29, 30, 31, 32,33, 34, 35, 36, 37, 38, 39,40,41,42,43,44,45,46,47,48,49, 50, 51, 52,53, 54, 55, 56, 57, 58, 59, 150,61,62,63, 65,66, 67,68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 were read on this motion to/for DISMISS Upon the foregoing documents and oral argument conducted on May 6, 2021, the court grants in part Defendants The City of New York's and Project Renewal, Inc.'s ("collectively, "Defendants") motion to dismiss Plaintiff Robert Bowman's ("Plaintiff') complaint or to compel for failure to comply with seven court Orders to the extent that the court compels Plaintiff to comply with the discovery requirements set forth herein or the court will preclude Plaintiff from testifying or presenting any evidence at the time of trial in support of allegations regarding loss of enjoyment of life, injuries to his lower extremities, use of a cane, and any damages sought for injuries allegedly sustained in this case which are similar to injuries he allegedly sustained in his subsequent accident which occurred on or about December 31, 2016. The court denies Defendants' requests for orders dismissing Plaintiffs complaint or, in the alternative, vacating Plaintiff's Note oflssue and striking this matter from the trial calendar. However, the court grants the portion of Defendants' motion seeking an extension of time to file 160009/2015 BOWMAN, ROBERT vs. CITY OF NEW YORK Motion No. 001 1 of 4 Page 1 of4 [*[FILED: 2] NEW YORK COUNTY CLERK 05/06/2021 04:49 NYSCEF DOC. NO. 83 P~ INDEX NO. 160009/2015 RECEIVED NYSCEF: 05/06/2021 a summary judgment motion and orders all dispositive motions to be filed within ninety (90) days of the date of this Order. The court has considered all remaining arguments and additional requests for relief and denies them unless expressly granted herein. As such it is hereby ORDERED that the court grants in part Defendants The City of New York's and Project Renewal, Inc.' s motion to dismiss Plaintiff Robert Bowman's complaint, or to compel discovery, or to strike Plaintiff's Note oflssue and strike this matter from the trial calendar, or to extend the time for Defendants to file a summary judgment motion, to the extent that the court orders the following: 1) To the extent not already provided, the court orders Plaintiff to produce within thirty (30) days of the date of this order authorizations for Defendants to obtain copies of Plaintiff's records from all treating and examining healthcare providers, including diagnostic tests, x-rays, MRis, EMGs and CT scans, for injuries specified in Plaintiff's bill of particulars, supplemental bill of particulars and amended bill of particulars served in this case for two years prior to the date of this accident to present, and for injuries specified in his subsequent accident which allegedly occurred on December 31, 2016 set forth in Robert Bowman v. Hawanantu Kargbo and Emmanuel Roberts, under Richmond County index number 151675/2018, including, but not necessarily limited to, the following: a) Richmond University Medical Center; b) Issac Romanoff (orthopedic specialist); c) Dr. Shreelo (primary care physician); d) Advanced Sports Medicine and Physical Therapy; 160009/2015 BOWMAN, ROBERT vs. CITY OF NEW YORK Motion No. 001 2 of 4 Page 2 of 4 [*[FILED: 3] NEW YORK COUNTY CLERK 05/06/2021 04:49 NYSCEF DOC. NO. 83 P~ INDEX NO. 160009/2015 RECEIVED NYSCEF: 05/06/2021 e) Transformative Medical Health, PLLC; f) Hudson Pro Orthopedics and Sports Medicine; g) Health Plus Surgery Center; and h) One on One Physical Therapy; 2) The court requests, but does not order, Plaintiff's counsel to provide Defendants with copies of all records that he has in his possession and control regarding Plaintiff's treatment by the above-mentioned healthcare providers for authorizations not previously provided within thirty (30) days of the date of this order; and 3) To the extent not already provided, the court orders Plaintiff to produce within thirty (30) days of the date of this order copies of the non-privileged legal file within Plaintiff's counsel's possession or control regarding Plaintiffs subsequent accident which allegedly occurred on December 31, 2016 in Robert Bowman v. Hawanantu Kargbo and Emmanuel Roberts, under Richmond County index number 151675/2018, including, but not necessarily limited to, the following: a) Summons and Complaint; b) Bill of Particulars; c) Discovery Demands and Responses; d) IME reports; e) EBT transcripts; and it is further ORDERED that should Plaintiff fail to comply with the discovery requirements set forth above, the court will preclude Plaintiff from testifying or presenting any evidence at the time of trial in support of allegations regarding loss of enjoyment of life, injuries to his lower extremities, limitations and use of a cane caused by injuries to his lower extremities, and any damages sought 160009/2015 BOWMAN, ROBERT vs. CITY OF NEW YORK Motion No. 001 3 of 4 Page 3 of 4 [*[FILED: 4] NEW YORK COUNTY CLERK 05/06/2021 04:49 INDEX NO. 160009/2015 P~ NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 05/06/2021 for injuries allegedly sustained in this case which pertain to the same body parts allegedly injured in his subsequent accident which occurred on or about December 31, 2016; and it is further ORDERED that the court grants the portion of Defendants' motion requesting an extension of time for Defendants to file a summary judgment motion and the court extends the time for all parties to file dispositive motions until on or before ninety (90) days from the date of this Order; and it is further ORDERED that the court denies the portion of Defendants' motion seeking to dismiss Plaintiffs complaint, vacate Plaintiffs Note oflssue, and strike this matter from the trial calendar; and it is further ORDERED that counsel are directed to appear for a virtual status conference via Microsoft Teams on June 24, 2021, at 11 :30 a.m. (separate link provided). 5/6/2021 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: . -- ERIKA M. EDWARDS, J.S.C. ~ CASE DISPOSED GRANTED D NON-FINAL DISPOSITION DENIED GRANTED IN PART SETTLE ORDER SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 160009/2015 BOWMAN, ROBERT vs. CITY OF NEW YORK Motion No. 001 4 of 4 D D OTHER REFERENCE Page4 of4

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