Cite as: Haque v. Larg Cab Corp, 13174/2010, NYLJ 1202585760068, at *1 (Sup., QU, Decided October 25, 2012)

Justice Charles J. Markey

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Decided: October 25, 2012

The following papers numbered were read on this motion: Papers Numbered

Notices of Motion, Affirm., Exhibits    1

Affirmation in Support                          2

Affirmation in Opposition                     3

DECISION AND ORDER

 

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The plaintiff Mohammad E. Haque, as an initial matter, withdrew his cross motion.

Turning to the motion, as a result of various difficulties relating to both plaintiffs, plaintiffs' counsel requested that the case be marked off the trial calendar and that the note of issue be vacated. The Court notes that the plaintiff Mohammad E. Haque's IME still has not been conducted.

The Court also notes that the plaintiffs' counsel is in a difficult bind. Specifically, the complaint has a derivative claim on behalf of the plaintiff-wife MST. SELENA AKTHER. The plaintiff Mohammad E. Haque cannot have any communication with the plaintiff-wife as a result of an order of protection issued by a court in Queens County, as the request of the Queens District Attorney. Plaintiffs' counsel does not have any contact information for the plaintiff-wife MST. SELENA AKTHER. Plaintiffs' cannot withdraw the derivative claim without the express consent of the wife for fear of the wife pressing some sort of action against the law firm representing her.

In light of the difficult situation of plaintiffs' counsel, the Court directs the plaintiffs' counsel to write one letter addressed to both Hon. John M. Ryan, the Chief Assistant District Attorney of Queens County, and to his counsel, Vincent Carroll, Jr. Esq., at 125-01 Queens Boulevard Kew Gardens, New York 11415, requesting that the District Attorney communicate with the plaintiff-wife MST. SELENA AKTHER and execute any consent to withdraw a claim or discontinuance or stipulation if she, indeed, has no desire to prosecute her derivative claim of the civil action. Plaintiffs' counsel shall include a copy of this order bearing the dated stamp of the Clerk when writing to both Mr. Ryan and Mr. Carroll.

 

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The Court further extends its profound appreciation to both Mr. Ryan and Mr. Carroll for undertaking the additional work requested herein, based on unusual and difficult circumstances.

The Clerk shall strike and vacate the Note of Issue, as requested by the plaintiffs' counsel in court on the return date of this motion, on October 25, 2012. The civil action is thus "Marked Off."

The foregoing constitutes the decision, order, and opinion of the Court.