STATE OF NEW YORK

SUPREME COURT: CHAUTAUQUA COUNTY

--------------------------------

YVONNE KARR,


Plaintiff

v.

HO8935

QUALITY MARKETS, INC.

THE PENN TRAFFIC CO.,


Defendants

-------------------------------

BRIAN CHAPIN YORK, ESQ.

for Plaintiff


KENNEY, KANALEY, SHELTON,

NOTARO, LIPTAK & LAING, LLP

(Patrick S. Kenney, Esq. of

Counsel) for Defendant



DECISION and ORDER



GERACE, J.


In order to allow plaintiff her day in court in spite of actions or nonactions of her counsel the Court adjourned the motion to April 24, 1995, to permit plaintiff to either (1) conduct depositions of defendant's employees, provided, plaintiff's counsel (and not plaintiff) reimbursed either the defendant or the deposed employees for wages of those employees, and $250 at least 10 days before the deposition toward the counsel fees of defendant for attendance at the deposition(s), all of which must be conducted in one day, or, (2) submitting interrogatories. If plaintiff's counsel elected to resort to interrogatories, he was to advance $100 for counsel fees along with the interrogatories.


Counsel did neither. He says he moved his office in the meantime and neglected to attend to the file. Defendant's attorney made the trip to Mayville on the 24th.


The Court will permit plaintiff's counsel to serve interrogatories on defendant if he does so without fail by June 15, 1995, and, accompanies the interrogatories with an additional check for $100.00 to reimburse defendant's counsel for his Mayville trip.


This is the Decision and Order of this Court. No further order shall be necessary.


Dated: May 16, 1995

Mayville, New York



 

JOSEPH GERACE

Justice of Supreme Court