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2011 NY Caraballo - Denies Discovery of FB Page as Fishing Expedition

2011 NY Caraballo - Denies Discovery of FB Page as Fishing Expedition

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Published by Brian Wassom

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Published by: Brian Wassom on Apr 22, 2011
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07/18/2012

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Caraballo v City of New York
2011 NY Slip Op 30605(U)March 4, 2011Supreme Court, Richmond CountyDocket Number: 103477/08Judge: Thomas P. AliottaRepublished from New York State Unified CourtSystem's E-Courts Service.Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case.This opinion is uncorrected and not selected for officialpublication.
 
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND---------------------------------------------------------------------------x
PEDRO CARABALLO
Plaintiff 
,PART C-2Present:
-against-
Hon. Thomas P. AliottaCITY OF NEW YORK, CAMPA CONSTRUCTION
DECISION AND ORDER
CORP., MICHAEL PACELLO and MKGDEVELOPMENT CORP,.Index No. 103477/08Motion Nos. 3124-003
 Defendants
. 3766-004---------------------------------------------------------------------------xCAMPA CONSTRUCTION CORP.,
Third-Party Plaintiff 
,Index No. 75535/08
-against-
ABLE ISLAND PLUMBING WATERMAIN & SEWER LTD.
Third-Party Defendant 
.---------------------------------------------------------------------------xThe following papers number 1 to 8 were fully submitted on the 2
nd
day of February, 2011:PagesNumberedNotice of Motion for Summary Judgmentby Defendant/Third-Party Plaintiff,with Supporting Papers and Exhibits(dated September 15, 2010)...................................................................................1Affirmation in Oppositionby Third-Party Defendant,with Supporting Papers and Exhibits(dated October 25, 2010)........................................................................................2Notice of Motion to Compel Discoveryby Defendant/Third-Party Plaintiff,with Supporting Papers and Exhibits(dated November 16, 2010)....................................................................................3Affirmation in Oppositionby Third-Party Defendant,with Supporting Papers and Exhibits(dated November 16, 2010)....................................................................................4-1-
[* 1]
 
Reply Affirmationby Defendant/Third-Party Plaintiff (dated November 17, 2010)....................................................................................5Affirmation in Oppositionby Plaintiff, with Supporting Papers and Exhibits(dated December 6, 2010)......................................................................................6Reply Affirmationby Defendant/Third-Party Plaintiff (dated January 4, 2011)..........................................................................................7Supplemental Reply Affirmationby Defendant/Third-Party Plaintiff (dated January 24, 2011)........................................................................................8Upon the foregoing papers, the motion for summary judgment and to compel discovery bydefendant/third-party plaintiff Campa Construction Corp. (hereinafter “Campa”) are denied.This is an action for personal injuries allegedly sustained by plaintiff on May 3, 2007 whileperforming work at 417 O’Gorman Avenue, also known as 45 Keegans Lane, on Staten Island. Tothe extent relevant, plaintiff, an employee of third-party defendant Able Island Plumbing Water Main& Sewer Ltd. (hereinafter “Able”) was connecting sewer pipes in an outside trench when its wallscollapsed on top of him. It is undisputed that defendant/third-party plaintiff Campa was retained asthe general contractor for the project, and that Able, its plumbing subcontractor, had dug the trench.In Motion No. 3124-003, Campa moves for summary judgment on its third-party claimsagainst Able for (1) common-law and contractual indemnification, and (2) breach of contract for thefailure to procure insurance. In support, Campa submits a copy of the agreement between the twoparties dated January 15, 2007 (
see
Campa’s Exhibit “A”). According to its terms, it appears thatthe subcontractor was obligated to, inter alia, file a Certificate of Liability Insurance in the amountof $2,000,000 ($1,000,000 per occurrence) naming general contractor Campa as an additionalinsured, as well as a Workers Compensation Certificate (id.). Also provided is a copy of a generalliability policy (No. CLS1360102) issued to Able by the Scottsdale Insurance Company (hereinafter“Scottsdale”) (
see
Campa’s Exhibit “G”).-2-
[* 2]

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