Rheault-Scherer v. Falcon Music & Art Productions, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARY LISE RHEAULT-SCHERER, Plaintiff, -V- 1:17-CV-1220 (DJS) FALCON MUSIC & ART PRODUCTIONS, INC., Defendant. APPEARANCES: OF COUNSEL: RUTBERG BRESLOW LAWRENCE A. BRESLOW, ESQ. Attorneys for Plaintiff CARMINE J. CAROLETI, ESQ. 3344 Route 9N Poughkeepsie, New York 12601 LAW OFFICES OF MICHAEL STEVEN H. COHEN, ESQ. E. PRESSMAN Attorneys for Defendant 125 Maiden Lane 17" Floor New York, New York 10005 DANIEL J. STEWART United States Magistrate Judge a ORDER This matter was scheduled for trial beginning October 25, 2021, with the trial now adjourned to February 7, 2022. Dkt. No. 94. In connection with the October trial date, the parties filed several pretrial motions which the Court now addresses. Defendant initially sought to preclude the testimony of Frederick Bremer, Dkt. No. 78, and to preclude the admission of certain medical records, Dkt. No. 79, but has now withdrawn those objections. Dkt. Nos. 92 & 95. Plaintiff filed a Motion in Limine seeking relief on a variety of matters. See Dkt. No. 90. During a telephone conference regarding the request to adjourn the trial, Plaintiff withdrew her application to preclude ty| Defendant’s experts.! Plaintiff has now also withdrawn her objection to the use of the deposition testimony of Betty Gennarelli. Dkt. No. 93.7 Plaintiffs application to use the deposition testimony of Anthony Falco is deferred to the time of trial. Plaintiff's request to permit her experts to testify regarding applicable building codes, Dkt. No. 88 at p. 4, is granted since the violation of a building code may be some evidence of negligence. Elliott v. City of N.Y., 95 N.Y.2d 730, 734-35 (2001); Gonzalez v. State of N.Y., 60 A.D.3d 1193, 1194 (3d Dep’t 2009). IT IS SO ORDERED. Date: October 12, 2021 Albany, New York Zz: Da el J, Ste art) U.SMMagistrate Judge | Defendant’s motion seeking a ruling regarding the admissibility of its expert testimony, Dkt. No. 77, therefore, is moot. 2 The Court is appreciative of the efforts of counsel to narrow the disputes at trial.