Tuesday, September 23, 2008

Reminding the Pot Not to Call the Kettle Black

NO-FAULT – DISCOVERY
Great Wall Acupuncture, P.C. a/a/o April Outlaw & Deborah Richards v. General Assur. Co.
(App. Term, 2nd Dept., decided 9/19/2008)


In this short decision on procedural issues, the Appellate Term, Second Department, held:
  • defendant's motion to vacate plaintiff's notice of trial and certificate of readiness was timely;
  • since it was undisputed that plaintiff never appeared for the deposition despite being served with a deposition notice, Queens Civil properly vacated plaintiff's notice of trial and certificate of readiness;
  • inasmuch as no issue was raised by plaintiff regarding the lower court's order allowing defendant to "rephrase" its supplemental discovery and inspection demand, plaintiff was not aggrieved by the portion of the order which required it to respond to that supplemental demand; and
  • defendant was entitled to conduct plaintiff's deposition despite having also served an original and supplemental demand for discovery and inspection of documents.
The Appellate Term also affirmed as a provident exercise of its discretion Queens Civil's denial of plaintiff's cross motion for an order sanctioning defendant and defendant's counsel, reminding plaintiff's counsel*** that that "'[f]rivolous conduct shall include the making of a frivolous motion for costs and sanctions'" (Rules of the Chief Administrator [22 NYCRR] § 130-1.1). We further caution plaintiff's counsel to refrain from including invective and ad hominem attacks in his papers."

Eight $10 "reminders" assessed to plaintiff. There's a message in an appellate court's award of costs, isn't there? Especially from a court that ordinarily affirms, modifies and reverses without costs.

Play nice, all.

***Correction: Late this afternoon, the prolix Ray Zuppa claimed ownership of the invective and ad hominen attacks. My apologies for previously linking to plaintiff's counsel identified in eCourts for this matter.

15 comments:

Anonymous said...

Hey Roy:

Christmas came early for you -- you got another shot at me.

I figured 8 motions to strike from the trial calendar for outstanding discovery based upon discovery demands that were not served until the motion to strike was served; on cases where discovery issues had already been decided via Court Order -- call me prolix, but that's reasonable grounds to at least ask for sanctions.

The Affidavits of Service that were not on the record are right there in the Court file. Insurance company lawyers (I was one) get to call your client all kinds of things and you cannot respond in kind, etc.

Let's see what happens before we learn our lessons Roy.

Try to stay fair Roy. I know you'll be hosting the next square badge convention (International SIU -- but have some integrity.

Meanwhile enjoy your fishing and your little DJ Actions wherein you inform people that they do not have coverage.

Glad I could give your blog a much needed boost in commentary and audience.

Ray Zuppa

Roy A. Mura said...

Hey Pot --

But for your chest thumping over at Dave Gottlieb's blog, I wouldn't even have known it was you, Ray. Thanks for that.

No shots from me. As a former law assistant to an appellate court myself, I find that eight "with costs" say quite enough. And, of course, it IS at least notable, if not remarkable, when a court "caution[s]" counsel it its mem decision. Can't say I've ever seen that in a reported decision. Care to share the "call * * * all kinds of things" and responding invective and ad hominem attacks? Am curious to know what drew the court's ire.

Last I checked, my integrity was intact, but thanks for the exhortation. However, you don't know enough about me to impugn my character, Ray. At least not yet. Square badge convention. Funny. Never the host, though.

Your "little DJ Actions [sic]" reference completely eluded me. In any event, ask someone who has actually attended one of my presentations how I end each session.

Lastly, on the issue of boosting my blog's commentary and readership, your IP address is in fact the first to have found its way to this particular post and the blog itself by searching "Ray Zuppa" on Justia's BlawgSearch. So I don't think my corrective attribution of the court's warning to you did anything for my blog's hits. Nonetheless, I appreciate the visit, and your comment, and am glad you're glad.

One more thing. Mock me if you can't help it, but don't mock the fishing. That's OB. Besides, one of your provider counsel compatriots once acknowledged that someone who loves fishing can't be all that bad. In fishing, at least, I practice catch and release.

Kettle

DB. Yes, that DB. said...

Fellow Angler,
Ok, I'll bite (no pun intended). How do you end each of your presentations?
Btw, Hugh's "report" often reads strikingly similar to Coverage Counsel. Weird.

Try to take it easy on The Zuppa. He, too, enjoys slinging the rod. As some learned defense counsel once noted, someone who loves fishing can't be all that bad.

Roy A. Mura said...

Since you asked, here you are, DB. The last slide.

I've notice that about Hugh's comments, but remain uncertain of his true identity. Lots of similarities in writing style.

We should have a team fishing tourney. Pots vs. Kettles. One event in your venue. The other up here on Lake Erie. I'll need to recruit another angling kettle or two. Loser does what?

. said...

That glass looks to be half full of poison.

Roy A. Mura said...

Hirsute AND a spectrographic eye. Impressive.

Anonymous said...

Hey Roy:

What do you do at your "presentations"? Sell Avon products.

Have you ever made presentations to the FBI, the IRS, the NYPD, the New York State Troopers, the A.G. ... what about the DIA? (etc. etc.) dealing with issues like Russian Organized Crime or Money Laundering. Have you done this to a group of the above as well as to each entity by itself.

Nah. Didn't think so.

Go catch yourself a little sunny or crappy Mura.

Ray Zuppa

Roy A. Mura said...

This coming from someone who once said, "The bottom 5th of the law school class becomes the no-fault lawyers. No-Fault attorneys are on par with the unwashed throngs of humanity that become traffic court attorneys."?? Google it. With the quotes.

I won't match credentials with you, Ray, even though the answer is, as a matter of fact, yes, with some more agencies and the exception of NYPD and DIA. Not just talking head stuff, but actual work that led to federal grand jury testimony, indictments and convictions, too.

So do you get many calls for presentations lately?

Nah. Didn't think so.

And it's crappie, not crappy Ray. Please, you're undermining DB's credibility in vouching for you as a rod slinger.

Ad hominem, indeed. I get it.

Hugh Fustercluck said...

I must sign up for HBO so I can catch the Mura/Zuppa throwdown.

I think this would be the first time there were two Italian heavyweights in the ring since Primo Carnera fought Luigi Mussina in 1945.

Anonymous said...

Roy my Boy:

"Talking head stuff." I have indicted more cases than you've cheated old ladies out of their insurance coverage ... oh Prince of the Square badge.

That's a great quote. I don' know if it was me since everyone on earth used the moniker, but I agree with it.

You google me Roy. Like I said in the post you did not post ... Get a life.

And do you actually wear a hat to court with lures stuck in it. Also lose the picture because its not doing anyone a bit of good.

On a serious note, my boy and I got skunked today.

Love You,

Ray Zuppa

Roy A. Mura said...

I've found it necessary to moderate comments (review before publishing) to maintain some blog decorum. Have never not posted one of your comments, though, Ray. No idea what you're talking about.

Your vitriol is tiresome and unnecessary. And your attempts are mockery are just sophomoric. I guess you can't help it, after all.

Peace out.

Hugh Fustercluck said...

Seems like "Frank" Zuppa has been eating the yellow snow.

Raymond Zuppa said...

Your arguments are conclusory and dim. You and your piss boy are about as dynamic as Depends Senior Diapers. You base your entire existence on hypocrisy as witnessed by your use of vitriol to accuse one of vitriol.

Other than that look me up when you're down state. I'll buy you a pop.

Hugh Fustercluck said...

Did Ray Zuppa just call me Roy Mura's piss boy?

I carry the bucket for no one, Zupster. I just call 'em as I see 'em.

Roy A. Mura said...

Who's arguing? And what's a dim argument? Wits are dim. Prospects are dim. Lighting, colors and views can be dim.

What happened to all that research and investigation you were going to do? Do you know who you just called my piss boy? Ask DB or DG if you don't.

I get it. Pop. A regional dialect dig. More proof you really don't know me. Being from north Jersey, that's one thing I would never say. Dim argument's another.