Preview
FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x
ESTHER DIPILATO,
VERIFIED THIRD PARTY
Plaintiff, ANSWER
-against- L.D.# 2018-023937
CA
ANDREW SIBELLI, SJ FUEL titIN., ANTHONY
DIPILATO, ALFRED DOTTARIO JR., AND SAMMMO,
LLC,
Defendant.
------------------------------------------------------------------------x Index # 503889/2018
ANDREW SCIBELLI AND S.J. FUEL CO., INC.,
Third Party Plaintiff,
-against-
Third Party Index #
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, AND THE
NEW YORK CITY DEPARTMENT OF PARKS AND
RECREATION,
Third Party Defendant.
-X
THIRD PARTY DEFENDANT(S) THE CITY OF NEW YORK, THE CITY OF
NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND
THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS
AND RECREATION by the undersigned, answering the third party complaint, upon information
and belief.
1. DENIES each and every allegation contained in the original plaintiff's(s')
complaint insofar as the same refer to, or may, in anywise affect the third party defendant(s).
2. DENIES each and every allegation contained in the paragraphs designated
5, 11-13, 21-23, 25-28, 30, inclusive.
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3. DENIES knowledge or information sufficient to form a belief as to the
truth of any of the allegations contained in paragraphs designated 1, 6-10, 24, inclusive.
4. DENIES each and every allegation contained in the paragraphs designated
17, 32, except that the third party defendant(s) admit(s) receipt of a copy of the original
plaintiff's(s') complaint herein and respectfully refer(s) to said complaint for its answer.
5. DENIES each and every allegation set forth in paragraphs(s) designated
18-20, inclusive, except that with respect to those portions of the street(s), sidewalks and
appurtenances referred to in the third party complaint which were or may have been owned and
controlled by the City of New York, third party defendant, had such duties as were imposed by
law.
6. DENIES each and every allegation contained in the paragraphs designated
29, 31, inclusive except as otherwise pleaded herein.
7. DENIES each and every allegation contained in the paragraphs designated
2-4, inclusive except admits that The City of New York is a municipal corporation.
8. DENIES each and every allegation contained in the paragraphs designated
14-16, 29, inclusive insofar as the same refer to, or may, in anywise affect the third party
defendant(s) answering hereby.
AS AND FOR AN AFFIRMATIVE DEFENSE
THE THIRD PARTY DEFENDANT(S)
ALLEGE(S):
9. The injuries and/or damages alleged to have been sustained by the third
party plaintiff(s) were caused in whole or in part by and arose out of the third party plaintiff(s)
culpable conduct.
10. The injuries and/or damages alleged to have been sustained by the
plaintiff(s) were caused in whole or in part by the culpable conduct of the said plaintiff(s).
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11. Third party defendants are immune from suit for their exercise of
discretion in the performance of a governmental function and/or their exercise of professional
judgment.
12. Upon information and belief the injuries or damages alleged in the
complaint were or may have been caused in whole or in part by parties now or hereafter to be
named as or and the of the below-
co-defendant(s) Third-party defendant(s) accordingly liability
named answering defendant(s) and/or third-party defendant(s) is/are or may be limited by the
provisions of Article 16 CPLR.
13. That any sums or consideration paid or promised to plaintiff by any
person(s) or corporation(s) claimed to be liable for the injuries or damages alleged in the
complaint shall reduce any judgment rendered in favor of plaintiff as against this third-party
defendant to the extent of the greater of either the sums or consideration paid or promised to
plaintiff or the amount of the released tortfeasor's(s') equitable share(s) of the damages in
accordance with General Obligation Law § 15-108.
AS AND FOR A COUNTER-CLAIM AGAINST
ANDREW SCIBELLI, SJ FUEL CO. INC.,
ANTHONY DIPILATO, ALFRED DOTTARIO
JR., AND SAMMMO, LLC
THIRD PARTY DEFENDANT(S) THE CITY OF
NEW YORK, THE CITY OF NEW YORK S/H/A
THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION AND THE CITY OF NEW
YORK S/H/A THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION
UPON INFORMATION AND BELIEF,
ALLEGE(S) AS FOLLOWS:
14. That if the third party plaintiff(s) sustain(s) damages as alleged in the third
party plaintiff's(s) complaint through negligence other than third party plaintiff's(s) own
negligence, said damages were sustained due to the negligent acts of omission or commission of
the defendant(s) above named.(NAMED ABOVE IN THE MAIN ACTION)
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FURTHER, if the third party plaintiff should recover judgment against this (these)
third party defendant(s) then the defendant(s) above named shall be held liable to this (these)
third party defendant(s) for the full amount of said judgment or, on the basis of apportionment of
responsibility for the alleged occurrence, this (these) third party defendant(s) is/are entitled to
indemnification and/or contractual indemnification from and judgment over and against the
defendant(s) above named for all or any part of any verdict or judgment which the third party
plaintiff(s) may recover, or in such amounts as a jury or court may direct.
THAT by reason of this action this (these) third party defendant(s) has/have been
attorneys'
and will be put to costs and expenses including fees.
AS AND FOR A CROSS-CLAIM AGAINST
ANDREWSCIBELLI ANS S.J. FUEL CO., INC.
THIRD PARTY DEFENDANT(S)
THE CITY OF NEW YORK, THE CITY OF NEW YORK
S/H/A THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION AND THE CITY OF NEW YORK
S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS
AND RECREATION
UPON INFORMATION AND BELIEF,
ALLEGE(S) AS FOLLOWS:
15. That if the plaintiff(s) and third party plaintiff(s) was (were) caused
damages as alleged in the plaintiff's(s') complaint through negligence other than third party
plaintiff's(s) own negligence, said damages were sustained due to the negligent acts of omission
or commission of the defendant(s) above named.
FURTHER, if the plaintiff(s) should recover judgment against this (these) third
party defendant(s) then the third party defendant(s) above named shall be held liable to this
(these) third party defendant(s) for the full amount of said judgment, or on the basis of
apportionment of responsibility for the alleged occurrence this (these) third party defendant(s)
is/are entitled to indemnification and/or contractual indemnification from and judgment over and
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against the defendant(s) above named for all or any part of any verdict or judgment which the
third party plaintiff(s) may recover, or in such amounts as a jury or court may direct.
THAT by reason of this action this (these) third party defendant(s) has/have been
attorneys'
and will be put to costs and expenses including fees.
WHEREFORE, this (these) third party defendant(s) demand(s) judgment
dismissing the third party plaintiff's(s') complaint and further demand(s) judgment over and
against the defendant(s) above named for the full amount of any judgment obtained by the third
party plaintiff(s) against this (these) third party defendant(s) or, on the basis or apportionment of
responsibility, for indemnification and/or contractual indemnification from the judgment over
and against this (these) third party defendant(s) for all or any part of any verdict or judgment
which the third party plaintiff(s) may recover against this (these) third party defendant(s), or in
such amounts as a jury or a court may direct, together with the costs and disbursements of this
third party action and any expenses incurred in the defense thereof.
Dated: New York, New York
APRIL 2018
ZACHARY W. CARTER
Corporation Counsel
Attorney for Third Party Defendant
100 Church Street
New York, New York 10007
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Index No. 503889/2018
SUPREME COURT: STATE OF NEW YORK
COUNTY OF KINGS
ESTHER DIPILATO,
Plaintiff(s),
- against-
ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO,
ALFRED DOT1AR10 JR., AND SAMMMO, LLC,
Defendant(s).
ANDREW SCIBELLI AND S.J.FUEL CO., INC.,
Third Party Plaintiff(s),
- against-
THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION, AND THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION,
Third Party Defendant(s).
COMBINED DEMAND FOR
BILL OF PARTICULARS AND DISCOVERY
ZACHARY W. CARTER
Corporation Counsel
Attorney for Third Party Defendant(s) THE
CITY OF NEW YORK, THE CITY OF NEW
YORK S/H/A THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION AND
THE CITY OF NEW YORK S/H/A THE NEW
YORK CITY DEPARTMENT OF PARKS AND
RECREATION
Law Department File
No. 2018-023937
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
ESTHER DIPILATO,
COMBINED DEMAND FOR
Plaintiff, BILL OF PARTICULARS &
DISCOVERY
-against-
L.D.# 2018-023937
ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO,
ALFRED DOTTARIO JR., AND SAMMMO, LLC,
Defendant.
---------------------------------------------------------------------- X
ANDREW SCIBELLI AND S.J. FUEL CO., INC.,
Third Party Plaintiff,
-against-
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, AND THE NEW
YORK CITY DEPARTMENT OF PARKS AND
RECREATION,
Third Party Defendant.
--------------------------------------..-------------------------__--- X
PLEASE TAKE NOTICE that you are required, within 20 days after service of this
notice upon you, to serve upon the attorney for the third party defendant, THE CITY OF NEW YORK,
THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION, a verified bill of particulars, setting forth in detailthe
following particulars, pursuant to Rule 3043 of the Civil Practice Law and Rules:
1. State the acts or omissions constituting the affirmative negligence of the third
party defendant, THE CITY OF NEW YORK, THE CITY OF NEW YORK
S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION
AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION, as the basis for the third
party complaint against it.
2. Submit a copy of plaintiff s(s')Bill of Particulars.
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DEMAND FOR DISCOVERY & INSPECTION
PLEASE TAKE FURTHER NOTICE that within 30 days following service of
this demand you are requested pursuant to CPLR Article 31 to produce for discovery and
inspection at the Office of the Corporation Counsel, the following items, except that, if at present
you don't know the information requested, or if the requested documents are not within your
possession or control, please so state, in which event you are requested to furnish same within 30
days after such information first becomes known to you, or such documents come into your
possession or control:
WITNESSES
1. Please furnish the name and address of, or a description reasonably
sufficient to identify each person you believe may have been a witness to the occurrence of the
injuries (or damages) alleged in the complaint.
2. Please furnish the name and address of, or a description reasonably
sufficient to identify each person you believe may have been a witness to the physical condition
of the place where the injuries (or damages) alleged in the complaint occurred, prior to the
occurrence thereof.
3. Please furnish the name, address and qualifications of each expert witness
whom you expect to call at trial, stating in reasonable detail the subject matter and substance of
the facts and opinions on which each expert is expected to testify, and set forth a summary of the
grounds for each such opinion.
4. If any sum has been paid or promised to plaintiff(s) by any person claimed
to be liable (within the meaning of § 15-108, General Obligations Law) for any of the injuries (or
damages) alleged in the complaint, or if any cost, expense, loss of earnings, or other economic
loss was, or will be with reasonable certainty replaced or indemnified, in whole or in part, by a
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collateral source (within the meaning of CPLR 4545), please set forth the name and address of
the person, corporation, insurance company or other entity making such payment or promise, or
providing such collateral source, and state the amount(s) which have been or will be with
reasonable certainty received by plaintiff(s).
5. Please furnish the name and address of, or a description reasonably
sufficient to identify each defendant (or employee of a defendant) you believe may have given an
oral or written statement about the occurrence of the injuries (or damages) alleged in the
complaint, or any defendant's responsibility therefore.
DOCUMENTS
6. Please furnish a copy of each document you believe may have been
prepared by an employee of the City of New York, the Board of Education of the City of New
York, or the New York City Health and Hospitals Corporation concerning the occurrence of the
injuries (or damages) alleged in the complaint, or any defendant's responsibility therefor,
including any statement made by an employee identified in response to Item 5, above, and any
note, memorandum or recording of an oral statement.
7. Please furnish a copy of each claim, or complaint, made by plaintiff(s) for
insurance, worker's compensation, pension or automobile no-fault benefits, or for money
damages concerning the occurrence of the injuries (or damages) alleged in the complaint, except
any claim made herein.
8. Please furnish a copy of any transcript of testimony given by, or on behalf
of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint,
except any testimony given herein.
9. Please furnish a copy of each accident report, if any, made by or on behalf
of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint.
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10. Please furnish a copy of each bill, receipt or promise to pay for any cost or
expense concerning the injuries (or damages) alleged in the complaint and claimed as damages
herein.
11. Please furnish a copy of any written notice, Big Apple Corporation map or
other document purportedly furnished to defendant(s) and giving notice of a defective or
dangerous condition at the place where the injuries (or damages) alleged in the complaint
occurred, prior to the occurrence thereof, including any note or memorandum of an oral
statement, ifany.
12. Please furnish a reasonably clear copy of each photograph depicting the
place where the injuries (or damages) alleged in the complaint occurred and taken at or about the
time of occurrence thereof.
13. Please furnish a reasonably clear copy of each photograph of the plaintiff
upon which plaintiff will rely in proof of damages at trial.
14. In any action for injuries, including death, allegedly sustained by a spouse,
child or other family member of a plaintiff, please furnish a copy of each marriage, birth and
death certificate, as applicable.
15. In any representative action, please furnish a copy of the court order
appointing the representative.
16. With respect to any earnings (or profits) claimed to have been lost as a
result of the injuries (or damages) alleged in the complaint, please furnish a copy of each state
and each federal income tax return, together with attachments, filed by, or on behalf of
plaintiff(s) for the year in which the said injuries (or damages) occurred and for each of the two
proceeding years.
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17. In any action for wrongful death, please furnish a copy of the federal
estate tax return filed for decedent's estate, and a copy of each federal income tax return filed by,
or on behalf of the decedent for each of the two years before death.
MEDICAL REPORTS
18. Please furnish a copy of each doctor's report referring to any physical,
psychiatric or psychological examination of plaintiff(s) conducted AFTER the occurrence of the
injuries alleged in the complaint and reasonably related thereto.
19. Please furnish a copy of each doctor's report referring to any physical,
psychiatric or psychological examination of plaintiff(s) conducted BEFORE the occurrence of
the injuries alleged in the complaint and reasonably related thereto.
AUTHORIZATIONS
20. Please furnish duly executed authorizations permitting the Office of the
Corporation Counsel to examine and copy each hospital record referring to any physical,
psychiatric or psychological treatment of plaintiff(s) for the injuries alleged in the complaint, or
any treatment reasonably related thereto.
21. In any action by or on behalf of a student, please furnish duly executed
authorizations permitting the Office of the Corporation Counsel to examine and copy the school,
attendance and health records of the plaintiff(s) on file at the school(s) attended at the time of the
occurrence and thereafter.
22. In any action for false arrest, malicious prosecution or other alleged police
misconduct, please furnish duly executed authorizations permitting the Office of the Corporation
Counsel to examine and copy the records, transcripts and certificates of disposition of any
criminal proceedings concerning the occurrence of the injuries (or damages) alleged in the
complaint.
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OTHER PARTIES
23. Please furnish the name and address of the attorney(s) who have appeared
in this action.
24. Please furnish the names of the parties, the court, and the index number of
each other action, if any, commenced by or on behalf of plaintiff(s) concerning any of the
injuries (or damages) alleged in the complaint.
PLEASE TAKE FURTHER NOTICE that these are continuing demands, and that
defendant(s) reserve the right to seek any and all sanctions for your failure to permit discovery
pursuant hereto; ifyou have any questions regarding these demands please call the appropriate
borough office, as follows: Bronx County (718) 590-3487; Kings County (718) 222-2000, New
York County (212) 788-0647, Queens County (718) 206-4731, and Richmond County, (718)
447-5983, referring to the Law Department File number (set forth on the cover).
Dated: New York, New York
APRIL 2018
ZACHARY W. CARTER
Corporation Counsel
Attorney for Third Party Defendant
100 Church Street
New York, New York 10007
TO: WINGET, SPADAFORA & SCHWARTZBERG, LLP
19™
45 BROADWAY, 19 FLOOR
NEW YORK, NY 10016
SUBIN ASSOCIATES LLP
23RD
150 BROADWAY, 23 FLOOR
NEW YORK, NY 10038
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VERIFICATION
JENNIFER MAZZIO being duly sworn deposes and says that: deponent is an employee of the Office of the
Corporation Counsel; thatdeponent has read the foregoing third party answer, cross-claim(s) and counterclaim(s), if
any, and knows the contents thereof; thatthe same are true to deponent's own knowledge, except as to the matters
alleged upon information and belief,which deponent believes tobe true based upon the files,books and records
maintained by The City of New York, New York City Health and Hospitals Corporation or the New York City
Board of Education, and theofficers oragents thereof.
Dated: New York ew York
APRIL Q, , 2018
Sw to before me this
7 day of APRIL 2 18
commismoner or Deeds
City of New YorkNo. t 7098
Certihcate filed
in New York
Commission E×pim:. County
July01, 2018
NOTÅRY PUBLIC
STIPULATION/CERTIFICATION
IT IS HEREBY STIPULATED AND AGREED, that atany time priorto the filingof a note of issuein thisaction,
thirdparty plaintiff(s)may amend the third
party complaint to name additional defendants herein, provided that such
additional third party defendants shallnot include the City of New York, the Board of Education, Health &
Hospitals Corporation, City University of New York, or any of their respective departments, subdivisions or
employees, nor any otherperson entitledto defense or indemnification by the City of New York.
The signaturebelow shall constitutethe signature required pursuant to NYCRR 130-1.1-a and pertains to allof the
enclosed documents: third party answer, cross-claim(s) and counter-claims(s), if any, together with the
accompanying combined demands forparticularsan discovery.
Dated: New York, New York ._
APRIL /n , 2018
By:
ADAM LERMAN
Assistant Corporation Counsel
Attorney(s) for Plaintiff(s)
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Index No. 503889/2018
SUPREME COURT: STATE OF NEW YORK
COUNTY OF KINGS
ESTHER DIPILATO,
Plaintiff(s),
- against-
ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO,
ALFRED DOTTARIO JR., AND SAMMMO, LLC,
Defendant(s).
ANDREW SCIBELLI AND S.J.FUEL CO., INC.,
Third Party Plaintiff(s),
- against-
THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION, AND THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION,
Third PartyDefendant(s).
VERIFIED THIRD PARTY ANSWER
ZACHARY W. CARTER
Corporation Counsel
Attorney forThird Party Defendant(s) THE
CITY OF NEW YORK, THE CITY OF NEW
YORK S/H/A THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION AND
THE CITY OF NEW YORK S/H/A THE NEW
YORK CITY DEPARTMENT OF PARKS AND
RECREATION
Law Department File
No. 2018-023937
100 Church Street
New York, New York 10007
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Preview
FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x ESTHER DIPILATO, VERIFIED THIRD PARTY Plaintiff, ANSWER -against- L.D.# 2018-023937 CA ANDREW SIBELLI, SJ FUEL titIN., ANTHONY DIPILATO, ALFRED DOTTARIO JR., AND SAMMMO, LLC, Defendant. ------------------------------------------------------------------------x Index # 503889/2018 ANDREW SCIBELLI AND S.J. FUEL CO., INC., Third Party Plaintiff, -against- Third Party Index # THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Third Party Defendant. -X THIRD PARTY DEFENDANT(S) THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION by the undersigned, answering the third party complaint, upon information and belief. 1. DENIES each and every allegation contained in the original plaintiff's(s') complaint insofar as the same refer to, or may, in anywise affect the third party defendant(s). 2. DENIES each and every allegation contained in the paragraphs designated 5, 11-13, 21-23, 25-28, 30, inclusive. 1 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 3. DENIES knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in paragraphs designated 1, 6-10, 24, inclusive. 4. DENIES each and every allegation contained in the paragraphs designated 17, 32, except that the third party defendant(s) admit(s) receipt of a copy of the original plaintiff's(s') complaint herein and respectfully refer(s) to said complaint for its answer. 5. DENIES each and every allegation set forth in paragraphs(s) designated 18-20, inclusive, except that with respect to those portions of the street(s), sidewalks and appurtenances referred to in the third party complaint which were or may have been owned and controlled by the City of New York, third party defendant, had such duties as were imposed by law. 6. DENIES each and every allegation contained in the paragraphs designated 29, 31, inclusive except as otherwise pleaded herein. 7. DENIES each and every allegation contained in the paragraphs designated 2-4, inclusive except admits that The City of New York is a municipal corporation. 8. DENIES each and every allegation contained in the paragraphs designated 14-16, 29, inclusive insofar as the same refer to, or may, in anywise affect the third party defendant(s) answering hereby. AS AND FOR AN AFFIRMATIVE DEFENSE THE THIRD PARTY DEFENDANT(S) ALLEGE(S): 9. The injuries and/or damages alleged to have been sustained by the third party plaintiff(s) were caused in whole or in part by and arose out of the third party plaintiff(s) culpable conduct. 10. The injuries and/or damages alleged to have been sustained by the plaintiff(s) were caused in whole or in part by the culpable conduct of the said plaintiff(s). 2 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 11. Third party defendants are immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. 12. Upon information and belief the injuries or damages alleged in the complaint were or may have been caused in whole or in part by parties now or hereafter to be named as or and the of the below- co-defendant(s) Third-party defendant(s) accordingly liability named answering defendant(s) and/or third-party defendant(s) is/are or may be limited by the provisions of Article 16 CPLR. 13. That any sums or consideration paid or promised to plaintiff by any person(s) or corporation(s) claimed to be liable for the injuries or damages alleged in the complaint shall reduce any judgment rendered in favor of plaintiff as against this third-party defendant to the extent of the greater of either the sums or consideration paid or promised to plaintiff or the amount of the released tortfeasor's(s') equitable share(s) of the damages in accordance with General Obligation Law § 15-108. AS AND FOR A COUNTER-CLAIM AGAINST ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY DIPILATO, ALFRED DOTTARIO JR., AND SAMMMO, LLC THIRD PARTY DEFENDANT(S) THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION UPON INFORMATION AND BELIEF, ALLEGE(S) AS FOLLOWS: 14. That if the third party plaintiff(s) sustain(s) damages as alleged in the third party plaintiff's(s) complaint through negligence other than third party plaintiff's(s) own negligence, said damages were sustained due to the negligent acts of omission or commission of the defendant(s) above named.(NAMED ABOVE IN THE MAIN ACTION) 3 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 FURTHER, if the third party plaintiff should recover judgment against this (these) third party defendant(s) then the defendant(s) above named shall be held liable to this (these) third party defendant(s) for the full amount of said judgment or, on the basis of apportionment of responsibility for the alleged occurrence, this (these) third party defendant(s) is/are entitled to indemnification and/or contractual indemnification from and judgment over and against the defendant(s) above named for all or any part of any verdict or judgment which the third party plaintiff(s) may recover, or in such amounts as a jury or court may direct. THAT by reason of this action this (these) third party defendant(s) has/have been attorneys' and will be put to costs and expenses including fees. AS AND FOR A CROSS-CLAIM AGAINST ANDREWSCIBELLI ANS S.J. FUEL CO., INC. THIRD PARTY DEFENDANT(S) THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION UPON INFORMATION AND BELIEF, ALLEGE(S) AS FOLLOWS: 15. That if the plaintiff(s) and third party plaintiff(s) was (were) caused damages as alleged in the plaintiff's(s') complaint through negligence other than third party plaintiff's(s) own negligence, said damages were sustained due to the negligent acts of omission or commission of the defendant(s) above named. FURTHER, if the plaintiff(s) should recover judgment against this (these) third party defendant(s) then the third party defendant(s) above named shall be held liable to this (these) third party defendant(s) for the full amount of said judgment, or on the basis of apportionment of responsibility for the alleged occurrence this (these) third party defendant(s) is/are entitled to indemnification and/or contractual indemnification from and judgment over and 4 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 against the defendant(s) above named for all or any part of any verdict or judgment which the third party plaintiff(s) may recover, or in such amounts as a jury or court may direct. THAT by reason of this action this (these) third party defendant(s) has/have been attorneys' and will be put to costs and expenses including fees. WHEREFORE, this (these) third party defendant(s) demand(s) judgment dismissing the third party plaintiff's(s') complaint and further demand(s) judgment over and against the defendant(s) above named for the full amount of any judgment obtained by the third party plaintiff(s) against this (these) third party defendant(s) or, on the basis or apportionment of responsibility, for indemnification and/or contractual indemnification from the judgment over and against this (these) third party defendant(s) for all or any part of any verdict or judgment which the third party plaintiff(s) may recover against this (these) third party defendant(s), or in such amounts as a jury or a court may direct, together with the costs and disbursements of this third party action and any expenses incurred in the defense thereof. Dated: New York, New York APRIL 2018 ZACHARY W. CARTER Corporation Counsel Attorney for Third Party Defendant 100 Church Street New York, New York 10007 5 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 Index No. 503889/2018 SUPREME COURT: STATE OF NEW YORK COUNTY OF KINGS ESTHER DIPILATO, Plaintiff(s), - against- ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO, ALFRED DOT1AR10 JR., AND SAMMMO, LLC, Defendant(s). ANDREW SCIBELLI AND S.J.FUEL CO., INC., Third Party Plaintiff(s), - against- THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Third Party Defendant(s). COMBINED DEMAND FOR BILL OF PARTICULARS AND DISCOVERY ZACHARY W. CARTER Corporation Counsel Attorney for Third Party Defendant(s) THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION Law Department File No. 2018-023937 100 Church Street New York, New York 10007 6 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ESTHER DIPILATO, COMBINED DEMAND FOR Plaintiff, BILL OF PARTICULARS & DISCOVERY -against- L.D.# 2018-023937 ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO, ALFRED DOTTARIO JR., AND SAMMMO, LLC, Defendant. ---------------------------------------------------------------------- X ANDREW SCIBELLI AND S.J. FUEL CO., INC., Third Party Plaintiff, -against- THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Third Party Defendant. --------------------------------------..-------------------------__--- X PLEASE TAKE NOTICE that you are required, within 20 days after service of this notice upon you, to serve upon the attorney for the third party defendant, THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, a verified bill of particulars, setting forth in detailthe following particulars, pursuant to Rule 3043 of the Civil Practice Law and Rules: 1. State the acts or omissions constituting the affirmative negligence of the third party defendant, THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, as the basis for the third party complaint against it. 2. Submit a copy of plaintiff s(s')Bill of Particulars. 7 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 DEMAND FOR DISCOVERY & INSPECTION PLEASE TAKE FURTHER NOTICE that within 30 days following service of this demand you are requested pursuant to CPLR Article 31 to produce for discovery and inspection at the Office of the Corporation Counsel, the following items, except that, if at present you don't know the information requested, or if the requested documents are not within your possession or control, please so state, in which event you are requested to furnish same within 30 days after such information first becomes known to you, or such documents come into your possession or control: WITNESSES 1. Please furnish the name and address of, or a description reasonably sufficient to identify each person you believe may have been a witness to the occurrence of the injuries (or damages) alleged in the complaint. 2. Please furnish the name and address of, or a description reasonably sufficient to identify each person you believe may have been a witness to the physical condition of the place where the injuries (or damages) alleged in the complaint occurred, prior to the occurrence thereof. 3. Please furnish the name, address and qualifications of each expert witness whom you expect to call at trial, stating in reasonable detail the subject matter and substance of the facts and opinions on which each expert is expected to testify, and set forth a summary of the grounds for each such opinion. 4. If any sum has been paid or promised to plaintiff(s) by any person claimed to be liable (within the meaning of § 15-108, General Obligations Law) for any of the injuries (or damages) alleged in the complaint, or if any cost, expense, loss of earnings, or other economic loss was, or will be with reasonable certainty replaced or indemnified, in whole or in part, by a 8 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 collateral source (within the meaning of CPLR 4545), please set forth the name and address of the person, corporation, insurance company or other entity making such payment or promise, or providing such collateral source, and state the amount(s) which have been or will be with reasonable certainty received by plaintiff(s). 5. Please furnish the name and address of, or a description reasonably sufficient to identify each defendant (or employee of a defendant) you believe may have given an oral or written statement about the occurrence of the injuries (or damages) alleged in the complaint, or any defendant's responsibility therefore. DOCUMENTS 6. Please furnish a copy of each document you believe may have been prepared by an employee of the City of New York, the Board of Education of the City of New York, or the New York City Health and Hospitals Corporation concerning the occurrence of the injuries (or damages) alleged in the complaint, or any defendant's responsibility therefor, including any statement made by an employee identified in response to Item 5, above, and any note, memorandum or recording of an oral statement. 7. Please furnish a copy of each claim, or complaint, made by plaintiff(s) for insurance, worker's compensation, pension or automobile no-fault benefits, or for money damages concerning the occurrence of the injuries (or damages) alleged in the complaint, except any claim made herein. 8. Please furnish a copy of any transcript of testimony given by, or on behalf of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint, except any testimony given herein. 9. Please furnish a copy of each accident report, if any, made by or on behalf of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint. 9 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 10. Please furnish a copy of each bill, receipt or promise to pay for any cost or expense concerning the injuries (or damages) alleged in the complaint and claimed as damages herein. 11. Please furnish a copy of any written notice, Big Apple Corporation map or other document purportedly furnished to defendant(s) and giving notice of a defective or dangerous condition at the place where the injuries (or damages) alleged in the complaint occurred, prior to the occurrence thereof, including any note or memorandum of an oral statement, ifany. 12. Please furnish a reasonably clear copy of each photograph depicting the place where the injuries (or damages) alleged in the complaint occurred and taken at or about the time of occurrence thereof. 13. Please furnish a reasonably clear copy of each photograph of the plaintiff upon which plaintiff will rely in proof of damages at trial. 14. In any action for injuries, including death, allegedly sustained by a spouse, child or other family member of a plaintiff, please furnish a copy of each marriage, birth and death certificate, as applicable. 15. In any representative action, please furnish a copy of the court order appointing the representative. 16. With respect to any earnings (or profits) claimed to have been lost as a result of the injuries (or damages) alleged in the complaint, please furnish a copy of each state and each federal income tax return, together with attachments, filed by, or on behalf of plaintiff(s) for the year in which the said injuries (or damages) occurred and for each of the two proceeding years. 10 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 17. In any action for wrongful death, please furnish a copy of the federal estate tax return filed for decedent's estate, and a copy of each federal income tax return filed by, or on behalf of the decedent for each of the two years before death. MEDICAL REPORTS 18. Please furnish a copy of each doctor's report referring to any physical, psychiatric or psychological examination of plaintiff(s) conducted AFTER the occurrence of the injuries alleged in the complaint and reasonably related thereto. 19. Please furnish a copy of each doctor's report referring to any physical, psychiatric or psychological examination of plaintiff(s) conducted BEFORE the occurrence of the injuries alleged in the complaint and reasonably related thereto. AUTHORIZATIONS 20. Please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy each hospital record referring to any physical, psychiatric or psychological treatment of plaintiff(s) for the injuries alleged in the complaint, or any treatment reasonably related thereto. 21. In any action by or on behalf of a student, please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy the school, attendance and health records of the plaintiff(s) on file at the school(s) attended at the time of the occurrence and thereafter. 22. In any action for false arrest, malicious prosecution or other alleged police misconduct, please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy the records, transcripts and certificates of disposition of any criminal proceedings concerning the occurrence of the injuries (or damages) alleged in the complaint. 11 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 OTHER PARTIES 23. Please furnish the name and address of the attorney(s) who have appeared in this action. 24. Please furnish the names of the parties, the court, and the index number of each other action, if any, commenced by or on behalf of plaintiff(s) concerning any of the injuries (or damages) alleged in the complaint. PLEASE TAKE FURTHER NOTICE that these are continuing demands, and that defendant(s) reserve the right to seek any and all sanctions for your failure to permit discovery pursuant hereto; ifyou have any questions regarding these demands please call the appropriate borough office, as follows: Bronx County (718) 590-3487; Kings County (718) 222-2000, New York County (212) 788-0647, Queens County (718) 206-4731, and Richmond County, (718) 447-5983, referring to the Law Department File number (set forth on the cover). Dated: New York, New York APRIL 2018 ZACHARY W. CARTER Corporation Counsel Attorney for Third Party Defendant 100 Church Street New York, New York 10007 TO: WINGET, SPADAFORA & SCHWARTZBERG, LLP 19™ 45 BROADWAY, 19 FLOOR NEW YORK, NY 10016 SUBIN ASSOCIATES LLP 23RD 150 BROADWAY, 23 FLOOR NEW YORK, NY 10038 12 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 VERIFICATION JENNIFER MAZZIO being duly sworn deposes and says that: deponent is an employee of the Office of the Corporation Counsel; thatdeponent has read the foregoing third party answer, cross-claim(s) and counterclaim(s), if any, and knows the contents thereof; thatthe same are true to deponent's own knowledge, except as to the matters alleged upon information and belief,which deponent believes tobe true based upon the files,books and records maintained by The City of New York, New York City Health and Hospitals Corporation or the New York City Board of Education, and theofficers oragents thereof. Dated: New York ew York APRIL Q, , 2018 Sw to before me this 7 day of APRIL 2 18 commismoner or Deeds City of New YorkNo. t 7098 Certihcate filed in New York Commission E×pim:. County July01, 2018 NOTÅRY PUBLIC STIPULATION/CERTIFICATION IT IS HEREBY STIPULATED AND AGREED, that atany time priorto the filingof a note of issuein thisaction, thirdparty plaintiff(s)may amend the third party complaint to name additional defendants herein, provided that such additional third party defendants shallnot include the City of New York, the Board of Education, Health & Hospitals Corporation, City University of New York, or any of their respective departments, subdivisions or employees, nor any otherperson entitledto defense or indemnification by the City of New York. The signaturebelow shall constitutethe signature required pursuant to NYCRR 130-1.1-a and pertains to allof the enclosed documents: third party answer, cross-claim(s) and counter-claims(s), if any, together with the accompanying combined demands forparticularsan discovery. Dated: New York, New York ._ APRIL /n , 2018 By: ADAM LERMAN Assistant Corporation Counsel Attorney(s) for Plaintiff(s) 13 of 14 FILED: KINGS COUNTY CLERK 06/01/2018 11:57 AM INDEX NO. 503889/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/01/2018 Index No. 503889/2018 SUPREME COURT: STATE OF NEW YORK COUNTY OF KINGS ESTHER DIPILATO, Plaintiff(s), - against- ANDREW SIBELLI, SJ FUEL O. IN., ANTHONY DIPILATO, ALFRED DOTTARIO JR., AND SAMMMO, LLC, Defendant(s). ANDREW SCIBELLI AND S.J.FUEL CO., INC., Third Party Plaintiff(s), - against- THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Third PartyDefendant(s). VERIFIED THIRD PARTY ANSWER ZACHARY W. CARTER Corporation Counsel Attorney forThird Party Defendant(s) THE CITY OF NEW YORK, THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK S/H/A THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION Law Department File No. 2018-023937 100 Church Street New York, New York 10007 14 of 14