Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion. Papers Numbered Notice of Motion and Affidavits Annexed 1 Order to Show Cause Answering Affidavits Replying Affidavits Exhibits DECISION/ORDER Upon the foregoing papers, Defendant’s motion to preclude plaintiff, or in the alternative. to compel responses to defendant’s discovery demands, and other relief, is decided as follows: Plaintiff commenced this action by a summons & endorsed complaint on September 24, 2021. The complaint states: “Failure to provide repairs, Breach of Lease, Failure to provide proper services, damage caused to person, refusals and lack of maintenance of their property causing me to suffer emotional and physical distress for $25,000.00 with interest from 03/07/2019. The Court notes that since the filing of the motion, plaintiff has served and filed additional discovery demands. The Court also notes that the plaintiff has not responded to defendant’s discovery demands. The Court has a broad discretion in supervising the disclosure process. Pucik v. Cornell University, 4 A.D. 3d (3rd Dept. 2004). The Court has determined that the endorsed complaint fails to give notice to the defendants and to the Court the essential nature of the causes of action. The Court at any time, prior to the entry of judgment, may on its own motion, can direct the service of a formal complaint, pursuant to the Civil Court Act 902(e). The endorsed complaint fails to apprise the Court and defendants the nature of the action, Carcione v. Rizzo, 154 Misc. 2d 13 (App. Term 2nd Dept. 1992). The defendant interposed an answer with counterclaims December 22, 2022. The defendant also served 41 pages of discovery demands, which appears excessive to the Court. Plaintiff did file a “Response to Discovery and Inspections Demands” on March 25, 2024. The defendant included various hospital and medical documents. The plaintiff did not oppose this motion. The Court notes that a motion for a protective order was recently before this Court, also brought by the defendant under Index number CV-023787-21/QU. The parties are identical. The causes of action are also similar. Accordingly, the motion is resolved as follows: Plaintiff shall serve a formal complaint, and the defendant is granted leave to serve discovery demands within 30 days after defendants serve a copy of this order upon the plaintiff, with notice of entry. The defendant shall also serve an amended answer. Any other applications in the motion, are denied. This constitutes the decision and order of the Court. Dated: May 7, 2024
