King Enterprises, Ltd. v. O'Connell

OPINION OF THE COURT

Martin Shulman, J.

Petitioner King Enterprises, Ltd. (King or petitioner) moves for an order as follows: (1) striking respondent Laura O’Connell’s (O’Connell or respondent) jury demand; (2) granting petitioner leave to conduct an examination before trial (EBT) of O’Connell; and (3) directing O’Connell to pay King "all due, current and future use and occupancy pendente lite.” O’Connell opposes the motion and cross-moves for sanctions against King for seeking use and occupancy in this proceeding especially when respondent has not been dilatory (see, RPAPL 745). Both the…