Preview
FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------- ----------------X
Index No : 605963/2021
JODI BRODSKY and RICHARD BRODSKY,
PLAINTIFF'S
Plaintiffs,
COMBINED DEMANDS
-against-
BANCKER CONSTRUCTION CORP.,
Defendant.
_________________-------------- ------ X
PLEASE TAKE NOTICE, that Plaintiff hereby demands that Defendants, BANCKER
CONSTRUCTION CORP., produce and allow discovery and inspection at the offices of FINZ &
FINZ, P.C., 410 East Jericho Turnpike, Mineola, New York, 11501, within twenty (20) days of
this notice, the following:
DEMAND FOR INSURANCE INFORMATION
All insurance agreêñieñts, including the pertinent policy declaration pages, riders,
limitations, endorsements, amendroeñts, cancellations, face sheets, and binders, under which any
person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment
that may be entered in this action, or to indemnify or reimburse for payments made to satisfy part
or all of a judgment that may be entered in this action, including, without limitation, primary,
excess, and any additional coverage, and allnames of insurance carriers, policy numbers, policy
amounts, policy coverage periods and claim numbers.
PLEASE TAKE FURTHER NOTICE, that ifit isclaimed that no liability,excess and/or
additional insurance coverage was in effect at the time of the incident, then demand is hereby made
that you set forth said claim by affidavit.
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FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR
ELECTRONIC FINDINGS OF INCIDENT LOCATI_O_N
All photographs, videos, surveillance films, and electronic recordings in the possession,
custody or control of Defendants or defense representatives that depict or record the scene, site or
location of the roadway in front of 1709 Bay Boulevard, westbound on Bay Boulevard between
Putnam Street and Suffolk Street, Atlantic Beach, County of Nassau, State of New York. located
at roadway in front of 1709 Bay Boulevard, westbound on Bay Boulevard between Putnam Street
and Suffolk Street, Atlantic Beach, County of Nassau, State of New York. (the "Subject Incident
Location"), including, without limitation, the conditions complained of in the complaint.
DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR
ELECTRONIC FINDINGS OF INCIDENT
All photographs, videos, surveillance films, and electronic recordings in the possession,
custody or control of Defendants or defense representatives that depict or record the incident and
the conditions complained of in the complaint, including, without limitation, for one hour prior to
and one hour subsequent to the incident. In addition, you are hereby demanded and directed to
preserve and maintain all such photographs, videos, surveillance films, and electronic recordings.
DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR
ELECTRONIC FINDINGS OF PLAINTIFF
All photographs, videos, surveillance films, audio recordings, and electronic recordings in
the possession, custody or control of Defendants or defense representatives that depict or record
Plaintiff, including up to the trial of this action, together with all transcripts and memorandum
thereof.
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
DEMAND FOR INCIDENT REPORTS
All incident reports regarding the incident prepared by Defendants or its employees or agents, or
by private parties, insurance agents, private investigators, security personnel, police departments
and/or fire departments, as well as any other reports regarding the incident prepared by Defendants
or its employees or agents in the ordinary course of business, whether or not prepared for the
purposes of litigation.
DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES
The name, address and employment status of each person claimed by any party you
represent to be a witness to any of the following:
(1) Any incident referenced in the complaint and/or in the hill of particulars;
(2) Any facts or circumstances alleged to have constituted actual or constructive
notice to any party of the acts, omissions, or conditions that purportedly caused
the incident;
(3) Any acts, omissions, or conditions that purportedly caused the incident, including
the nature and duration thereof;
(4) Any acts, omissions, or conditions substantiating the alleged affirmative defenses
Defendants'
plead in Answer;
(5) Any injuries, damages and/or pain claimed to have been suffered by Plaintiff,
including observations of the physical condition of Plaintiff;
(6) Any admissions and/or statements allegedly made by Plaintiff regarding the
incident; and
(7) Any other facts or information relevant to this action.
If no such witnesses are known to you, on the basis of who or which you represent,
entity
so state in the sworn reply to this demand. The undersigned will object at trial to courtroom
testimony by any defense witnesses not identified in a timely manner beforeliañd.
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DEMAND FOR THE NAMES AND ADDRESSES OF RESPONSIBLE PARTIES
The name and address of each person, firm, group and/or business entity that Defendants
claim caused, or in any way contributed to, the incident, or is otherwise responsible, in whole or
in part, for any of the injuries and/or damages sustained by Plaintiff.
DEMAND FOR RECORDS OF RESPONSIBLE PARTIES
All records and documents that Defendants intend to rely upon to establish that the injuries
and/or damages sustained by Plaintiff were caused, in whole or in part, by Plaintiff's own culpable
conduct or the culpable conduct of others.
DEMAND FOR EXPERT WITNESS STATEMENT
The name and address of each expert witness that Defendants expect to call at the time of
trial, setting forth in reasonable detail:
(1) The subject matter on which each expert witness is expected to testify;
(2) The substance of the facts and opinions on which each expert witness is
expected to testify;
(3) A summary of the grounds for each expert witness's opinion; and
(4) The complete qualifications of each expert witness.
DEMAND FOR ADVERSE PARTY STATEMENTS
All written or recorded statements made or taken by each party and his, her, or its agents,
servants and/or employees, whether via audio recording, video, camera, drone,
security
photograph, writing, social media and/or any other electronic form, and any and all written, printed
and/or electronic reports prepared by or on behalf of a represented you, and/or of its
party by any
agents, in your possession, custody or control, or in the possession, or control of
custody any party
you represent, if any such statements or reports in any maññer bears on the issues in this action.
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
DEMAND FOR RECORDS OF USE, INSPECTION. MAINTENANCE AND REPAIR
All records and documents of use, inspection, maintenance and/or repair, including,
without limitation, logbook entries, work orders, invoices, estimates, payments, correspondence,
memoranda and/or notes, regarding the Subject Incident Location as of October 08, 2018 and for
a period of (i) three (3) years prior thereto and (ii) one (1) month thereafter.
DEMAND FOR NAMES AND ADDRESSES OF
PARTIES RESPONSIBLE FOR USE, INSPECTION, MAINTENANCE AND REPAIR
The name and address of each person, firm, group and/or business entity responsible for
the use, inspection, maintenance and/or repair of the Subject Incident Location as of October 08,
2018 and for a period of three (3) years prior thereto.
DEMAND FOR CONTRACTS OF USE. INSPECTION, MAINTENANCE AND REPAIR
All contracts and agreements for services by and between Defendants and any other
individual and/or entity regarding the use, inspection, maintenance and/or repair of the Subject
Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto.
DEMAND FOR GUIDELINES FOR
USE, INSPECTION, INSTALLATION. MAINTENANCE AND REPAIR
All rules, regulations, guidelines, procedures and/or protocols utilized by Defendants, its
employees and/or agents regarding the use, inspection, installation, maintenance, and/or repair of
the Subject Incident Location that were in effect as of October 08, 2018.
DEMAND FOR MANAGEMENT INFORMATION
All records and documents, including contracts and agreements, the management
regarding
of the Subject Incident Location, together with the name and address of each and individual
entity
responsible for such management, as of October 08, 2018 and for a period of three years prior
(3)
thereto.
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
DEMAND FOR RECORDS OF PRIOR COMPLAINTS AND VIOLATIONS
All records and documents kept in the ordinary course of business written,
regarding any
oral, and/or electronic complaints and violations pertaining to the Subject Incident Location as of
October 08, 2018 and for a period of three (3) years prior thereto.
DEMAND FOR RECORDS OF PRIOR INCIDENTS
All records and documents of known incidents and/or claims of personal injury regarding
the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior
thereto, including, without limitation, the name and address of each claimant and all incident
reports, claim letters, notices of claim, and non-privileged litigation documents for each incident
and/or claim.
DEMAND FOR RECORDS OF SAFETY AND CODE COMPLIANCE EVALUATIONS
All records and documents regarding safety and/or code compliance evaluations for the
Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto.
DEMAND FOR RECORDS OF
DESIGN. CONSTRUCTION. INSTALLATION AND RENOVATION
All records and documents regarding the design, construction, installation and/or
renovation of the Subject Incident Location, including, without limitation, permits, design
drawings, plans and specifications, sketches, blueprints, renderings, as-built drawings, invoices,
work orders, change orders, progress notes, progress reports, progress photographs, progress
videos, activity log books, project files, contracts and agreements as of October 08, 2018 and for
a period of three (3) years prior thereto.
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
DEMAND FOR THE NAMES AND ADDRESSES OF
CONTRACTORS AND SUBCONTRACTORS
The name and address of each contractor and subcontractor that performed construction,
installation, repair, or renovation work regarding the Subject Incident Location as of October 08,
2018 and for a period of three (3) years prior thereto.
DEMAND FOR COMPLETE TENANT FILE
A complete copy of the tenant file for the Subject Incident Location, including, without
limitation, all leases (including amendments, addendums, and riders), payment records,
maintenance and repair records, Section 8 records, rental applications, call logs, photographs,
violations, and complaint records.
DEMAND FOR DISCOVERY AND INSPECTION OF
THE SUBJECT INCIDENT LOCATION
Plaintiff reserves the right to an inspection of the Subject Incident Location. Plaintiff shall
be immediately notified prior to the alteration, modification, removal or renovation of the Subject
Incident Location.
DEMAND FOR DOCUMENTS AND THINGSTO BE INTRODUCED AT TRIAL
All records, documents and things that Defendants intend to introduce as evidence at trial.
NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, the testimony upon oral examination of each Defendant as an adverse party will be taken
before a notary public, who is not an attorney or employee of an attorney for any party or
prospective party of this action and is not a person who would be disqualified to act as a juror
because of interest or because of consanguinity or affinity to any party herein, on a mutually
agreeable date with respect to evidence materially necessary to the prosecution of this action. At
7
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
such examination, the person to be examined is required to produce any and all notes, records,
documents, reports or memorandum concerning the incident.
PLEASE TAKE FURTHER NOTICE, that each of the foregoing Combined Demands
is a continuing demand, and that if any of the above items are obtained after the date hereof, they
are to be immediately furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that in the event knowledge is acquired of the
name and/or address of any person claimed to be a witness or participant to the incident which
gave rise to the commencement of this action, or who has been consulted with as an expert, and
such knowledge is acquired subsequent to the receipt of the foregoing Combined Demands, up to
and including the trial of this action, you are required to set forth in writing, and under oath, the
name and address of such persons. In the event such demand is not complied with, Plaintiff will,
upon the trialof this action, move the Court to preclude and forbid the testimony of any witness
offered by Defendants for whom the name and address was not furnished to Plaintiff's attorneys
pursuant to such demand.
PLEASE TAKE FURTHER NOTICE, that your failure to timely furnish complete
responses to the forgoing Combined Demands will result in an application to the Court for
appropriate relief, with costs.
8
FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
Dated: Mineola, New York
December 3, 2021
Yours, etc.
TODD M. RUBIN, ESQ.
FINZ & FINZ, P.C.
Attorneys for Plaintiff
410 East Jericho Turnpike
Mineola, New York 11501
Tel.: (516) 433-3000
Our File No.: 180925
TO: WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP
Attorneys for Defendant
BANCKER CONSTRUCTION CORP.
90 Merrick Avenue, Suite 802
East Meadow, New York 11554
9
FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK ))
COUNTY OF NASSAU )) ss.:
Deborah Bott, being duly sworn deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Suffolk County in
the State of New York. On December 6, 2021, I served a true copy of the annexed:
PLAINTIFF'S COMBINED DEMANDS
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or
official depository of the U.S. Postal Service within the State of New York, addressed to the last
known address of the addressee as indicated below:
WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP
Attorneys for Defendant
BANCKER CONSTRUCTION CORP.
90 Merrick Avenue, Suite 802
East Meadow, New York 11554
Deborah Bott
Sworn before me on
this day of December, 2021.
N6t Public
JENNE H CHUN
Notary Public, State ofNew York
No. 01CH6289650
Qualified inNassau County
CommissionExpiresSeptember30,ad.2
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022
Index No. 605963/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
JODI BRODSKY and RICHARD BRODSKY,
Plaintiffs,
-against-
BANCKER CONSTRUCTION CORP.,
Defendant.
PLAINTIFF'S COMBINED DEMANDS
FINZ & FINZ, P.C.
Attorneys for Plaintiffs
410 East Jericho Turnpike
Mineola, New York 11501
Tel.: (516) 433-3000
Our File No.: 180925
TO: WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP
Attorneys for Defendant
BANCKER CONSTRUCTION CORP.
90 Merrick Avenue, Suite 802
East Meadow, New York 11554
11
Preview
FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------- ----------------X Index No : 605963/2021 JODI BRODSKY and RICHARD BRODSKY, PLAINTIFF'S Plaintiffs, COMBINED DEMANDS -against- BANCKER CONSTRUCTION CORP., Defendant. _________________-------------- ------ X PLEASE TAKE NOTICE, that Plaintiff hereby demands that Defendants, BANCKER CONSTRUCTION CORP., produce and allow discovery and inspection at the offices of FINZ & FINZ, P.C., 410 East Jericho Turnpike, Mineola, New York, 11501, within twenty (20) days of this notice, the following: DEMAND FOR INSURANCE INFORMATION All insurance agreêñieñts, including the pertinent policy declaration pages, riders, limitations, endorsements, amendroeñts, cancellations, face sheets, and binders, under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in this action, or to indemnify or reimburse for payments made to satisfy part or all of a judgment that may be entered in this action, including, without limitation, primary, excess, and any additional coverage, and allnames of insurance carriers, policy numbers, policy amounts, policy coverage periods and claim numbers. PLEASE TAKE FURTHER NOTICE, that ifit isclaimed that no liability,excess and/or additional insurance coverage was in effect at the time of the incident, then demand is hereby made that you set forth said claim by affidavit. 1 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR ELECTRONIC FINDINGS OF INCIDENT LOCATI_O_N All photographs, videos, surveillance films, and electronic recordings in the possession, custody or control of Defendants or defense representatives that depict or record the scene, site or location of the roadway in front of 1709 Bay Boulevard, westbound on Bay Boulevard between Putnam Street and Suffolk Street, Atlantic Beach, County of Nassau, State of New York. located at roadway in front of 1709 Bay Boulevard, westbound on Bay Boulevard between Putnam Street and Suffolk Street, Atlantic Beach, County of Nassau, State of New York. (the "Subject Incident Location"), including, without limitation, the conditions complained of in the complaint. DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR ELECTRONIC FINDINGS OF INCIDENT All photographs, videos, surveillance films, and electronic recordings in the possession, custody or control of Defendants or defense representatives that depict or record the incident and the conditions complained of in the complaint, including, without limitation, for one hour prior to and one hour subsequent to the incident. In addition, you are hereby demanded and directed to preserve and maintain all such photographs, videos, surveillance films, and electronic recordings. DEMAND FOR PHOTOGRAPHS; VIDEOS; AND/OR ELECTRONIC FINDINGS OF PLAINTIFF All photographs, videos, surveillance films, audio recordings, and electronic recordings in the possession, custody or control of Defendants or defense representatives that depict or record Plaintiff, including up to the trial of this action, together with all transcripts and memorandum thereof. 2 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR INCIDENT REPORTS All incident reports regarding the incident prepared by Defendants or its employees or agents, or by private parties, insurance agents, private investigators, security personnel, police departments and/or fire departments, as well as any other reports regarding the incident prepared by Defendants or its employees or agents in the ordinary course of business, whether or not prepared for the purposes of litigation. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES The name, address and employment status of each person claimed by any party you represent to be a witness to any of the following: (1) Any incident referenced in the complaint and/or in the hill of particulars; (2) Any facts or circumstances alleged to have constituted actual or constructive notice to any party of the acts, omissions, or conditions that purportedly caused the incident; (3) Any acts, omissions, or conditions that purportedly caused the incident, including the nature and duration thereof; (4) Any acts, omissions, or conditions substantiating the alleged affirmative defenses Defendants' plead in Answer; (5) Any injuries, damages and/or pain claimed to have been suffered by Plaintiff, including observations of the physical condition of Plaintiff; (6) Any admissions and/or statements allegedly made by Plaintiff regarding the incident; and (7) Any other facts or information relevant to this action. If no such witnesses are known to you, on the basis of who or which you represent, entity so state in the sworn reply to this demand. The undersigned will object at trial to courtroom testimony by any defense witnesses not identified in a timely manner beforeliañd. 3 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR THE NAMES AND ADDRESSES OF RESPONSIBLE PARTIES The name and address of each person, firm, group and/or business entity that Defendants claim caused, or in any way contributed to, the incident, or is otherwise responsible, in whole or in part, for any of the injuries and/or damages sustained by Plaintiff. DEMAND FOR RECORDS OF RESPONSIBLE PARTIES All records and documents that Defendants intend to rely upon to establish that the injuries and/or damages sustained by Plaintiff were caused, in whole or in part, by Plaintiff's own culpable conduct or the culpable conduct of others. DEMAND FOR EXPERT WITNESS STATEMENT The name and address of each expert witness that Defendants expect to call at the time of trial, setting forth in reasonable detail: (1) The subject matter on which each expert witness is expected to testify; (2) The substance of the facts and opinions on which each expert witness is expected to testify; (3) A summary of the grounds for each expert witness's opinion; and (4) The complete qualifications of each expert witness. DEMAND FOR ADVERSE PARTY STATEMENTS All written or recorded statements made or taken by each party and his, her, or its agents, servants and/or employees, whether via audio recording, video, camera, drone, security photograph, writing, social media and/or any other electronic form, and any and all written, printed and/or electronic reports prepared by or on behalf of a represented you, and/or of its party by any agents, in your possession, custody or control, or in the possession, or control of custody any party you represent, if any such statements or reports in any maññer bears on the issues in this action. 4 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR RECORDS OF USE, INSPECTION. MAINTENANCE AND REPAIR All records and documents of use, inspection, maintenance and/or repair, including, without limitation, logbook entries, work orders, invoices, estimates, payments, correspondence, memoranda and/or notes, regarding the Subject Incident Location as of October 08, 2018 and for a period of (i) three (3) years prior thereto and (ii) one (1) month thereafter. DEMAND FOR NAMES AND ADDRESSES OF PARTIES RESPONSIBLE FOR USE, INSPECTION, MAINTENANCE AND REPAIR The name and address of each person, firm, group and/or business entity responsible for the use, inspection, maintenance and/or repair of the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto. DEMAND FOR CONTRACTS OF USE. INSPECTION, MAINTENANCE AND REPAIR All contracts and agreements for services by and between Defendants and any other individual and/or entity regarding the use, inspection, maintenance and/or repair of the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto. DEMAND FOR GUIDELINES FOR USE, INSPECTION, INSTALLATION. MAINTENANCE AND REPAIR All rules, regulations, guidelines, procedures and/or protocols utilized by Defendants, its employees and/or agents regarding the use, inspection, installation, maintenance, and/or repair of the Subject Incident Location that were in effect as of October 08, 2018. DEMAND FOR MANAGEMENT INFORMATION All records and documents, including contracts and agreements, the management regarding of the Subject Incident Location, together with the name and address of each and individual entity responsible for such management, as of October 08, 2018 and for a period of three years prior (3) thereto. 5 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR RECORDS OF PRIOR COMPLAINTS AND VIOLATIONS All records and documents kept in the ordinary course of business written, regarding any oral, and/or electronic complaints and violations pertaining to the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto. DEMAND FOR RECORDS OF PRIOR INCIDENTS All records and documents of known incidents and/or claims of personal injury regarding the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto, including, without limitation, the name and address of each claimant and all incident reports, claim letters, notices of claim, and non-privileged litigation documents for each incident and/or claim. DEMAND FOR RECORDS OF SAFETY AND CODE COMPLIANCE EVALUATIONS All records and documents regarding safety and/or code compliance evaluations for the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto. DEMAND FOR RECORDS OF DESIGN. CONSTRUCTION. INSTALLATION AND RENOVATION All records and documents regarding the design, construction, installation and/or renovation of the Subject Incident Location, including, without limitation, permits, design drawings, plans and specifications, sketches, blueprints, renderings, as-built drawings, invoices, work orders, change orders, progress notes, progress reports, progress photographs, progress videos, activity log books, project files, contracts and agreements as of October 08, 2018 and for a period of three (3) years prior thereto. 6 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 DEMAND FOR THE NAMES AND ADDRESSES OF CONTRACTORS AND SUBCONTRACTORS The name and address of each contractor and subcontractor that performed construction, installation, repair, or renovation work regarding the Subject Incident Location as of October 08, 2018 and for a period of three (3) years prior thereto. DEMAND FOR COMPLETE TENANT FILE A complete copy of the tenant file for the Subject Incident Location, including, without limitation, all leases (including amendments, addendums, and riders), payment records, maintenance and repair records, Section 8 records, rental applications, call logs, photographs, violations, and complaint records. DEMAND FOR DISCOVERY AND INSPECTION OF THE SUBJECT INCIDENT LOCATION Plaintiff reserves the right to an inspection of the Subject Incident Location. Plaintiff shall be immediately notified prior to the alteration, modification, removal or renovation of the Subject Incident Location. DEMAND FOR DOCUMENTS AND THINGSTO BE INTRODUCED AT TRIAL All records, documents and things that Defendants intend to introduce as evidence at trial. NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of each Defendant as an adverse party will be taken before a notary public, who is not an attorney or employee of an attorney for any party or prospective party of this action and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, on a mutually agreeable date with respect to evidence materially necessary to the prosecution of this action. At 7 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 such examination, the person to be examined is required to produce any and all notes, records, documents, reports or memorandum concerning the incident. PLEASE TAKE FURTHER NOTICE, that each of the foregoing Combined Demands is a continuing demand, and that if any of the above items are obtained after the date hereof, they are to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that in the event knowledge is acquired of the name and/or address of any person claimed to be a witness or participant to the incident which gave rise to the commencement of this action, or who has been consulted with as an expert, and such knowledge is acquired subsequent to the receipt of the foregoing Combined Demands, up to and including the trial of this action, you are required to set forth in writing, and under oath, the name and address of such persons. In the event such demand is not complied with, Plaintiff will, upon the trialof this action, move the Court to preclude and forbid the testimony of any witness offered by Defendants for whom the name and address was not furnished to Plaintiff's attorneys pursuant to such demand. PLEASE TAKE FURTHER NOTICE, that your failure to timely furnish complete responses to the forgoing Combined Demands will result in an application to the Court for appropriate relief, with costs. 8 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 Dated: Mineola, New York December 3, 2021 Yours, etc. TODD M. RUBIN, ESQ. FINZ & FINZ, P.C. Attorneys for Plaintiff 410 East Jericho Turnpike Mineola, New York 11501 Tel.: (516) 433-3000 Our File No.: 180925 TO: WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP Attorneys for Defendant BANCKER CONSTRUCTION CORP. 90 Merrick Avenue, Suite 802 East Meadow, New York 11554 9 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK )) COUNTY OF NASSAU )) ss.: Deborah Bott, being duly sworn deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Suffolk County in the State of New York. On December 6, 2021, I served a true copy of the annexed: PLAINTIFF'S COMBINED DEMANDS by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP Attorneys for Defendant BANCKER CONSTRUCTION CORP. 90 Merrick Avenue, Suite 802 East Meadow, New York 11554 Deborah Bott Sworn before me on this day of December, 2021. N6t Public JENNE H CHUN Notary Public, State ofNew York No. 01CH6289650 Qualified inNassau County CommissionExpiresSeptember30,ad.2 10 FILED: NASSAU COUNTY CLERK 02/02/2022 01:58 PM INDEX NO. 605963/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/02/2022 Index No. 605963/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JODI BRODSKY and RICHARD BRODSKY, Plaintiffs, -against- BANCKER CONSTRUCTION CORP., Defendant. PLAINTIFF'S COMBINED DEMANDS FINZ & FINZ, P.C. Attorneys for Plaintiffs 410 East Jericho Turnpike Mineola, New York 11501 Tel.: (516) 433-3000 Our File No.: 180925 TO: WESTERMANN, SHEEHY, KEENAN, SAMAAN & AYDELOTT, LLP Attorneys for Defendant BANCKER CONSTRUCTION CORP. 90 Merrick Avenue, Suite 802 East Meadow, New York 11554 11