First flown init achieved modest sales at home and abroad in the early s. Two unusual modifications produced a biplane glider and a low aspect ratio parasol wing machine. The prototype was named the David to contrast this small aircraft with the Goliath and this name is sometimes used for the type.
See also multicaptioned case Decision Defendant moves to compel responses to certain discovery requests contained in its Second Notice of Discovery and Inspection dated July 16, Defendant moved to supplement its answer to expand upon its defenses and counterclaims alleging fraud in the inducement and performance of the contract and claimant cross-moved for summary judgment dismissing the fraud defenses and counterclaim on July 22, By Decision and Order dated December 9,defendant's motion to supplement its answer was granted and claimant's cross motion for summary judgment dismissing the defendant's defenses and counterclaim alleging fraud was denied.
The defendant's Second Notice for Discovery and Inspection, which is the subject of the instant motion, was served on July 16, Defendant now moves for an Order compelling claimant's compliance with the following demands included in its July 16, notice: Claimant's personnel files relating to its employees or former employees Zohrab Marashlian, John Aviette business plan and Gerald Bassi.
Claimant's "comprehensive review of DBE compliance on all current construction projects" referred to in its letter identified in No. The Decision and Order granting defendant's motion to supplement its answer and denying claimant's cross motion for summary judgment dismissing the defendant's fraud defenses and counterclaims was served with notice of entry on January 14, see Notice of Entry dated January 14, annexed to claimant's Notice of Appeal filed in the Office of the Chief Clerk of the Court of Claims.
In its formal response to defendant's notice for discovery and inspection, dated March 3, claimant's Exhibit Dclaimant objected to defendant's requests numbered 10, 14, and 15 stating "it is overbroad, unduly burdensome and seeks discovery of matters that are not relevant to the subject matter of this litigation.
Notwithstanding and without waiving any objections, Perini will produce the requested documents to the extent that they concern the LIE project" claimant's Exhibit D.
Claimant also objected to defendant's demand numbered 11 on the ground it was overbroad and irrelevant, but provided certain personnel records of Messrs. Marashlian, Athanasiou, and Bassi without representing that these records constituted a complete response id. CPLR a provides for the "full disclosure of all matter material and necessary in the prosecution or defense of an action.
The test is one of usefulness and reason" Allen v Crowell-Collier Publ. The scope of the statute is very broad, "consistent with New York's policy of permitting 'open and far-reaching pretrial discovery' " Kavanagh v Ogden Allied Maintenance Corp.
The party seeking disclosure need only establish either "that the method of discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims" Gomez v State of New York, AD3d[2d Dept ], quoting Vyas v Campbell, 4 AD3d[2d Dept ] [other citation omitted]; Jordan v Blue Circle Atl.
CPLR a 1 requires that a party who objects to disclosure state with "reasonable particularity" the reasons for each objection within twenty days of service of a notice of discovery.
Although discovery was automatically stayed while claimant's cross motion for summary judgment was pending see CPLR [b]the Decision and Order denying the motion was served with notice of entry on January 14, Claimant's objections to discovery, raised for the first time in its response dated March 3,were therefore untimely.
Where, as here, a party fails to timely object to the discovery demand see CPLR [a]the Court's review " 'is limited to determining whether the requested material is privileged under CPLR or the demand is palpably improper'" Wilner v Allstate Ins. A demand is "palpably improper" when it is "irrelevant, overbroad and burdensome" Jefferson v State of New York, 60 AD3d[3d Dept ].
The adequacy of the claimant's response to the defendant's notice for discovery will, therefore, be gauged by this standard. While proof of similar acts is generally inadmissible to prove that a person did a particular act on another occasion, such evidence is admissible to establish motive, intent, the absence of mistake or accident and a common scheme or plan Matter of Brandon, 55 NY2d, citing People v Molineux, NY.John M.
Vanderslice. Save. John Mitchell Vanderslice (August 31, - March 12, ) was an American soldier who fought for the Union Army during the American Civil War.
He received the Medal of Honor for valor. Biography. Vanderslice served in the American Civil War in . This is a list of gliders/sailplanes of the world, (this reference lists all gliders with references)  This transport-related list is incomplete; you can help by expanding it.
Aviette - Detailed Meaning. Your first name of Aviette gives you a friendly, congenial personality and causes you to desire activities involving people.
You are assertive and independent, yet there are times when you rely upon the support and encouragement of others before making decisions and taking action.
Find album reviews, stream songs, credits and award information for West of Pleasant - Aviette on AllMusic - Flights from Minneapolis - St.
Paul to Stockholm Flights from Minneapolis - St. Paul to Stockholm, current page Lowest round trip fares by airline from Minneapolis - St. Paul and Stockholm Prices found within past 7 days. Stating a cause of action to recover damages for a violation of General Business Law § is fairly straightforward and should Law § claim because the so-called "topping-up" requirements of the defendant's pay-by-the-minute cell phone plan were adequately disclosed quoting McMahon v Aviette Agency, AD2d , ).