O'Mara v. Caremount Med., P.C.

2025 NY Slip Op 32772(U)

• Court: New York Supreme Court, New York County
• Decided: August 13, 2025
• Docket: Index No. 155005/2023
• Status: Unpublished

Opinion

O'Mara v Caremount Med., P.C. 2025 NY Slip Op 32772(U) August 13, 2025 Supreme Court, New York County Docket Number: Index No. 155005/2023 Judge: Debra A. James 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. 155005/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 08/13/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART 59 Justice ---------------------------------------------------------------------------------X INDEX NO. 155005/2023 MARISA O'MARA, MOTION DATE 06/18/2025 Plaintiff, MOTION SEQ. NO. 004 -v- CAREMOUNT MEDICAL, P.C.,OPTUM MEDICAL CARE, DECISION + ORDER ON P.C., and RONEN MARMUR, MOTION Defendants. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 004) 59, 60, 61, 62, 63, 64 VACATE NOTE OF ISSUE/STRIKE FROM TRIAL were read on this motion to/for CALENDAR .

ORDER

Upon the foregoing documents, it is

ORDERED that the motion to vacate the note of issue is granted

and the note of issue is vacated and the case is stricken from the

trial calendar; and it is further

ORDERED that all further discovery in this matter shall be

completed within seventy-five (75) days from service of a copy of

this order with notice of entry, as follows:

(1) Plaintiff shall serve answers to the Notice to Admit

that defendants resent to plaintiff in January 2025, within

twenty days of service of a copy of this order with notice

of entry, with no further extensions;

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(2) Defendant shall notice plaintiff for a deposition and

plaintiff shall appear within forty (40) days of service

of a copy of this order with notice of entry at a mutually

agreed upon date and time, and such deposition shall take

place no later than thirty days of service of a copy of

this order with notice of entry;

(3) Plaintiff shall serve a notice of deposition upon

defendant for the examination before trial of a

representative of defendant, with knowledge, which

deposition shall take place within fifty (50) days of

service of a copy of this order with notice of entry, at a

mutually agreed upon date and time, but in no event, no

later than (60) days from the service of this order with

notice of entry,

(4) Post examination before trial discovery and inspection

of records, sought within five (5) days of completion of

subject deposition; and it is further

ORDERED that the counsel shall post on NYSCEF a joint proposed

Discovery Status Conference Order or dueling proposed Discovery

Status Conference Order(s) at least two days before October 16,

2025, on which date counsel shall appear via Microsoft Teams,

unless such appearance, by joint request to IAS Part 59 Clerk (SFC-

Part59-Clerk@nycourts.gov), be waived by the court; and it is

further

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ORDERED that, within fifteen (15) days from the entry of this

order, movant shall serve a copy of this order with notice of entry

on all parties and upon the Clerk of the General Clerk’s Office,

who is hereby directed to strike the case from the trial calendar

and make all required notations thereof in the records of the

court; and it is further

ORDERED that, within fifteen (15) days from completion of

discovery as hereinabove directed, the plaintiff and or defendant

shall cause the action to be placed upon the trial calendar by the

filing of a new note of issue and certificate of readiness (for

which no fee shall be imposed), to which shall be attached a copy

of this order; and it is further

ORDERED that such service upon the Clerk of the General

Clerk’s Office shall be made in accordance with the procedures set

forth in the Protocol on Courthouse and County Clerk Procedures

for Electronically Filed Cases (accessible at the “E-Filing” page

on the court’s website).

DECISION

This court finds Jablonsky v Nerlich, 189 AD3d 1561 (2d

Dept 2020) to be distinguishable on its facts from those at bar,

as in that action, plaintiff’s deposition had been completed at

the time of the filing of the note of issue, and there was no

effort on the part of defendant to seek an additional medical

examination. Here, plaintiff at all times sought to secure a stipulation from defendant with respect to plaintiff’s 155005/2023 O'MARA, MARISA vs. CAREMOUNT MEDICAL, P.C. ET AL Page 3 of 4 Motion No. 004

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appearance for an examination before time, having secured the

records for which defendant sought a protective order.

With respect to an extension of time for plaintiff to

respond to the Notice to Admit propounded by defendants, while

it would have been better practice for plaintiff’s counsel to

have informed the court of the need for additional time due to

death in his family, the court, on its own motion, extends the

time, finding that law office failure accounts for plaintiff’s dilatoriness. See Voigt v Savarino Const Corp, 84 AD3d 1574 (4th

Dept 2012). , ~ ,d - } ~ 20250813161052DJAMESBBB046ED38FC4FCBBE0498D5FAFA15BD

8/13/2025 DATE DEBRA A. JAMES, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ □ X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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