TJ Global Mgt., LLC v KT Med. Mgt., Inc.,

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TJ Global Mgt., LLC v KT Med. Mgt., Inc., 2022 NY Slip Op 33139(U) September 16, 2022 Supreme Court, Kings County Docket Number: Index No. 503035/2016 Judge: Lawrence Knipel 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. INDEX NO. 503035/2016 FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 09/19/2022 At an IAS Term, Part Comm 4 of the Supreme Court ofthe State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 16 th day of September, 2022. PRESENT: HON. LAWRENCE KNIPEL, Justice. - - . , - - - - .-.- -· - - - - -.. - - - - - ·- -. -. - - - - - - - - ·- - -·. - - -X TJ GLOBAL MANAGEMENT; LLC, Index No. 503035/2016 Plaintiff, (Mot. Seq. 6) -again:st - KT MEDICAL MANAGEMENT, INC., DR. JOSEPH PUMA, SORIN MEDlCAL; P.C., SALVATORE PUMA c1.nd TERRI PL!MA, Defendants. - - - - - - -. - - - - - - - -· ~ - - -. - - .-· - - ... - - - - -· - ,_ - - - - -X KT MEDICAL MANAGEMENT,lNC., JOSEPH PUMA and SORIN MEDICAL, p .c., First Third:.Party Plaintiffs, - against VLADIMIR GRESSEL and KARINA Trus, First Third-Patty Defendants. --~-~-~-------~------~-------------------X SAL VATORE PUMA AND TERRI PUMA, Second Third-Party Plaintiffs, - against~ VLADIMIR QRESSEL and KARINA Tn. . 1s 1 Second Third-Party Defendants. ·--·----·------" -·-·--·--· .·-----.- ·..... --- ·. ·- ·- ·-X [* 1] 1 of 6 INDEX NO. 503035/2016 FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 09/19/2022 The follo-winge-filedpapers read hereii1: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/ Petition/Cross Motioi1 and Affidavits (Affirmations) _ _ _ _ _ __ l 73-208, 209 Opposing Affidavits•{Affirrnations) _ _ __ 211-213. 215 Reply· Affidavits (Affirmations) _ _ _ __ 217 Upon the foregoing papers, defendants/third-party plaintiffs KT Medical Managetnent; Inc. (KT Medical), Joseph Putna (Puma), Sorin Medical, P.C. (Sorin), Salvatore Puma (Salvatore) and Terri Puma (Teni} (collectively Movants) move (in motion sequence [mot. seq.] six} for an order: "'(i) granting an Order of Preclusion, precluding the plaintiff, and first and second third;_party defendants, from offering testimony, affidavits, or evidence, at a trial, hearing, in the above:--entitled action thatwhich :Movants' demanded in their previously filed (a) Demand for Bill of Particulars; directed at Plaintiff's allegations in the Second Amended Complaint and its reply to cou\1terclaim; (b) Demand for Bill of Particulars, directed at third-party defendants affirmative defenses contained in its answer to second third-party complaint, or in the alternative! {c) directing Plaintiff and Third-Party Defendants to respond to Movants' Demand for Discovery & Inspection; (d) directing Plaintiff and Third-Party Defendants to appear for Third-Party Plaintiff's examination before trial and for such other and :further relief as to this Court seems just and proper." Background and Procedural History Plaintiff TJ Global Management, LLC (TJ Global) brings this action for rental arrears allegedly due under a lease agreement for two medical condominium units that it owns located at 8686 Bay Parkway in Brooklyn. The nature of the pro~eeding and parties' allegations are detailed itt the court's decision arid order dated June 29, 202 0 (seR NYS CEF 2 [* 2] 2 of 6 FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 INDEX NO. 503035/2016 RECEIVED NYSCEF: 09/19/2022 Doc. No, 143 ), familiarity with which is assumed. In its June 29, 2020 order, the court granted TJ GlobaPs motion (mot. seq. five) for leave to file and serve a second amended co111plaint OnDecember4, 2020, KT Medical, Puma, Sorin, Salvatore and Terri filed a second verified answer with counterclaims. On December 23, 2020, TJ Global filed a reply to counterclaims. On January 19, 2021, Salvatore and Terri filed a second third-party summons and verified complaint. On February 19, 2021, se:cond third-party defendants Vladimir Gressel and Karina Tilis filed an answerto·the second third-party·complaint. Meanwhile, prior to filing the second amendment complaint, the parties had engaged in certain discovery, includingdepositions of parties and non-parties in both this case and a related c,-:ase pending in this court, Puma v Gressel, et al., IndexNo.503789/16. On March 10, 2021, Salvatore arid Terri filed and served a Second Third--Party Plaintiffs' Demand for a Bill of Particulars directed at Gressel and Tilis (see NYSCEF Doc. No'. I 64). On March 15, 2021; Salvatore and Terri noticed the depositions ofTJ Global, Gressel and Tilis(see NYSCEF Doc. No. 165). On April 15, 2021, KT Medical, Puma~ Sorin, Salvatore and Terri filed and served a Demand fora Verified Bill of Particulars Directed at Plaintiff's Second Amended Verified Complaint and Reply to Counterclairns (see NYSCEF Doc. No. 166}. On April 22, 2021, KT Medical, Puma, Sorin, Salvatore and Terri filed and served Defendants,. Combined Demands, .including Demand. for Discovery and Inspection and Additional Materials (see NYSCEF Doc, No. 167). Oh January 19, 2022, Gressel and Tiiis filed.and served a Bill of Particulars 1nresportseto Salvatore~nd Terri's Demand fora Bill 3 [* 3] 3 of 6 INDEX NO. 503035/2016 FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 09/19/2022 of Particulars (see NYSCEF Doc. No. 171). The court also previously issued several discovery orders. Most recently, on October 4, 2019, the court issued a compliance conference order directing depositions and the filing of a note of issue by January 15, 2020. On January 8, 2020, the courtissued an order extending the hate of issue- date to May 8, 2020 and adjourning the compliance conference to May 6; 2020. thereafter, the compliance coi1ference was adjourned due to the parties' inability to work out a discovery order. Parties' Contentions In support. of their motion to preclude and/or compel, Movants' counsel directs the bulk of his affirmation to discussing the procedural history of the action and to summarizing the facts that Movants allege have been adduced in discovery. Of relevance to the instant discovery motion, Movants' counsel contends that the January 19, 2022 Bill of Particulars filed by Gressel and Tilis was unresponsive to their demand and ''particularized nothing;" In the supporting memorandum of law, Movants 1 counsel argues that Mova11ts are entitled, pur~mant to CPLR 310 I, to responses to their Bill of Particulars and discovery demands; which Concern new allegations in the Second Amended Complaint, including fraud and conspiracy claims made against them. Movants further contend that TJ GlolJal, Gressel and Tilis did not, at any time, move '.for a protective order with respect to the sought discovery. As a res ult,. Movants contend that the pIeadings of TJ Glob al and Gressel. and Tilis should be stricken, pursu~nt to CPLR 3126, for failure to respond to discovery. 4 [* 4] 4 of 6 INDEX NO. 503035/2016 FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 09/19/2022 In opposition, TJ ·Global, Gressel and THis contend that there has not been any preliminary conference in the Second Third..Party action, and no discovery schedule has been set They also contend that the demands which are sought to be compelled are unreasonable, unduly burdensome,and thatMovants attempt to relitigate the prior six years as a "do-over." Non ether less, TJ Global, Gressel and Tilis state that they consent to the instant motion being treated as a motion for a preliminary conference as to the Second Amended Complaint and Third-Party actions. Discussion Movants' Itl•tion to preclude and/or compel is granted only to the following extent (l) To the extent that the documents sought therein have not previously been provided, TJ Globalshall respond to Movants' Combined Demands, including Demand for Discovery and Inspection and Additional Materials, filed on April 22, 2021, on or beforeNovember 11,2022; (2) TJ Global shall respond to Movants; Derhand for a Verified Bill of Particulars . . Directed at Plaintiff's Second Amended Verified Complaint and Reply to Counterclaims, filed on April 15, 2021, on or before November 11,2022; {3) Gressel and Tilis have filed and served a Bill of Particulars in response to Salvatore and Terri's Demand for a Bill of Particulars (see NYSCEF Doc. No. 171), and, as.a result, that branch ofMovants' motion to preclude and/or compel based on the . failure to provide a Bill of Particulars rs denied a:s moot; (4) GreSsel and TiUs Shall appear fpr EBTs o,z .or before January 5 [* 5] 5 of 6 13, 2023, As FILED: KINGS COUNTY CLERK 09/19/2022 09:45 AM NYSCEF DOC. NO. 222 INDEX NO. 503035/2016 RECEIVED NYSCEF: 09/19/2022 Gressel and Tilis were previously deposed iri Jhis, action oh July 21., .2017 and July 27, 2017, theseadditiortal depositions sban be limited to new matters otjly relating to allegations in the Second. Amended Complaint, ·-tmd the· first and secondThircfa-Party Complaints or responsive. pleadin~s, as such items. were= not in existence at the time of the earlier depositions; (5) All other party depositions, as to new mattei·s only, shan be completed 011 pr before Ffbruary J, 2023~ EBTs sha11 be conducted either in person; pursuant to cur.tent .gµideline_s, or virtually via remote video.conferencing; and (6) The note of issue date is exttmded. TJ Global is to file a ncite of issue 011. or before October 27, 2023. Failure to comply with this order will result in the non-complying _party being precluded frorn offering evidence,_ testifying at trial,. or submitting an affidavit in tespoiise to any dis positive motion, upon flirthe:r rnotion for sctme, pursuantto CPLR 3126 (2). Any reliefnot expressly granted herein, has beert..considered, and is denied. This constitutes. the decision and: erdet of the court. ENTER [* 6] 6 of 6

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