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

Filing 96

ORDER finding as moot # 77 Motion in Limine; withdrawing # 78 Motion in Limine; withdrawing # 79 Motion in Limine; withdrawing in part and deferring ruling to trial, # 90 Motion in Limine; terminating 93 Letter Request: Plaintiffs appli cation to use the deposition testimony of Anthony Falco is deferred to the time of trial. Plaintiffs 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. Signed by Magistrate Judge Daniel J. Stewart on October 12, 2021. (gmd, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MARY LISE RHEAULT-SCHERER,
-v-

Plaintiff,

1:17-CV-1220
(DJS)

FALCON MUSIC & ART PRODUCTIONS, INC.,
Defendant.

APPEARANCES:

OF COUNSEL:

RUTBERG BRESLOW
Attorneys for Plaintiff
3344 Route 9N
Poughkeepsie, New York 12601

LAWRENCE A. BRESLOW, ESQ.
CARMINE J. CAROLEI, ESQ.

LAW OFFICES OF MICHAEL
E. PRESSMAN
Attorneys for Defendant
125 Maiden Lane
17th Floor
New York, New York 10005

STEVEN H. COHEN, ESQ.

DANIEL J. STEWART
United States Magistrate Judge
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withdrawn those objections.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
Defendant’s experts. 1 Plaintiff has now also withdrawn her objection to the use of the
deposition testimony of Betty Gennarelli. Dkt. No. 93. 2
Plaintiff’s 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

Defendant’s motion seeking a ruling regarding the admissibility of its expert testimony, Dkt. No. 77, therefore, is
moot.
1

2

The Court is appreciative of the efforts of counsel to narrow the disputes at trial.

2