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FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
JOCATENA HARGROVE Index No.: 2021-55017
Plaintiff, RESPONSE TO PC ORDER
-against-
DARIN JACKSON and BRIANNA A. VELLONE,
Defendants.
PLEASE TAKE NOTICE, that the Defendants, by their attorneys, LAW OFFICES OF
JENNIFER S. ADAMS, hereby set forth their Response to the PC Order as follows:
1. WITNESSES: Defendants are not aware of any witnesses to this accident except
for those that are listed in the accident report.
2. STATEMENTS: Defendants are in the process of obtaining statements taken
from or on behalf of the plaintiff in this matter. Once received, a supplemental
response will be provided.
3. REPORTS: There are none discoverable pursuant to CPLR Section 3101(g).
4. PHOTOGRAPHS: Defendants attach copies of photographs depicting damage to
the vehicles in the subject occurrence.
5. INSURANCE DISCLOSURE: Upon information and belief, defendants are
covered by a policy of applicable insurance with Progressive Specialty Insurance
Company with applicable limits of $100,000 per person; $300,000 per accident.
6. EXCESS INSURANCE: Upon information and belief, defendant, BRIANNA
VELLONE, has no additional, concurrent or excess insurance available over
which is stated above. Defendant’s Affidavit of No Excess Insurance is attached
to this response.
Upon information and belief, defendant, DARIN JACKSON, has no additional,
concurrent or excess insurance available over which is stated above. However, an
Affidavit of No Excess Insurance has been forwarded to the Defendant for
execution. Once our office is in receipt of said affidavit, a copy will be promptly
forwarded to your office.
7. EXPERT WITNESSES: Defendants have not decided if any experts will be used
at trial. At such time as experts are chosen, this information will be supplied.
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8. SURVEILLANCE MATERIALS AND VISUAL REPRODUCTIONS:
Defendants are not in possession of any visual reproductions involving the
Plaintiff.
9. REPAIR RECORDS: Upon information and belief, Defendants are not in
possession of any repair bills and/or estimates.
10. MV-104 REPORTS: Defendants object as MV-104 reports are matters of public
record.
If subsequent to answering this demand, Defendants acquire any further information or
documents relevant to this demand, such information or document will be forwarded
immediately.
DATED: Nanuet, NY
September 19, 2022
Respectfully submitted,
___________________________
Thomas R. Mazzaro, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Darin Jackson and Brianna Vellone
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(716) 810-1320
Our File No.: 215672121-001
TO:
Sobo & Sobo, LLP
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017
JOCATENA HARGROVE AFFIDAVIT OF NO
EXCESS INSURANCE
Plaintiff,
-against-
Received
DARIN JACKSON and BRIANNA A. VELLONE,
15 2022
FEB
Defendants.
JenniferAdams
Officesof
aw Escobar
Marcus J.
STATE OF NEW YORK }
}ss:
COUNTY OF }
Brianna A. Vellone, being duly swom, deposes and says:
1. That I am a defendant in the above-entitled matter.
2. At the time of the occurrence out of which the within action arose, the vehicle owned by
Brianna A. Vellone and operated by Darin Jackson was covered under a liabilityinsurance policy containing
bodily injury limitsof liabilityin the amount of $100,000 per person; $300,000 per accident.
3. Neither thatvehicle nor myself were covered, at thetime, under any other applicable policy of
"Umbrella"
insurance, including, but not limited to policy of excess liabilityinsurance, commonly known as
"Catastrophe"
or insurance under which any person carrying on an insurance business may be liableto satisfy
part,or allof a judgment, which may be entered against me in this action or to indemnify or reimburse me for
payments made to satisfy said judgment.
Brianna A. Vellone
Sworn to before me this
21
2 day of ff bfW 4 , 20 .
Notary Public
EVANS RONNER
NotaryPublic- State of New York
NO. 01R06400442
in Dutchess County
Qualified
My Commission Expires Nov 18, 2023
- - - ...- - - - - - - -
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Preview
FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS JOCATENA HARGROVE Index No.: 2021-55017 Plaintiff, RESPONSE TO PC ORDER -against- DARIN JACKSON and BRIANNA A. VELLONE, Defendants. PLEASE TAKE NOTICE, that the Defendants, by their attorneys, LAW OFFICES OF JENNIFER S. ADAMS, hereby set forth their Response to the PC Order as follows: 1. WITNESSES: Defendants are not aware of any witnesses to this accident except for those that are listed in the accident report. 2. STATEMENTS: Defendants are in the process of obtaining statements taken from or on behalf of the plaintiff in this matter. Once received, a supplemental response will be provided. 3. REPORTS: There are none discoverable pursuant to CPLR Section 3101(g). 4. PHOTOGRAPHS: Defendants attach copies of photographs depicting damage to the vehicles in the subject occurrence. 5. INSURANCE DISCLOSURE: Upon information and belief, defendants are covered by a policy of applicable insurance with Progressive Specialty Insurance Company with applicable limits of $100,000 per person; $300,000 per accident. 6. EXCESS INSURANCE: Upon information and belief, defendant, BRIANNA VELLONE, has no additional, concurrent or excess insurance available over which is stated above. Defendant’s Affidavit of No Excess Insurance is attached to this response. Upon information and belief, defendant, DARIN JACKSON, has no additional, concurrent or excess insurance available over which is stated above. However, an Affidavit of No Excess Insurance has been forwarded to the Defendant for execution. Once our office is in receipt of said affidavit, a copy will be promptly forwarded to your office. 7. EXPERT WITNESSES: Defendants have not decided if any experts will be used at trial. At such time as experts are chosen, this information will be supplied. 1 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 8. SURVEILLANCE MATERIALS AND VISUAL REPRODUCTIONS: Defendants are not in possession of any visual reproductions involving the Plaintiff. 9. REPAIR RECORDS: Upon information and belief, Defendants are not in possession of any repair bills and/or estimates. 10. MV-104 REPORTS: Defendants object as MV-104 reports are matters of public record. If subsequent to answering this demand, Defendants acquire any further information or documents relevant to this demand, such information or document will be forwarded immediately. DATED: Nanuet, NY September 19, 2022 Respectfully submitted, ___________________________ Thomas R. Mazzaro, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Darin Jackson and Brianna Vellone One Executive Boulevard, Suite 280 Yonkers, NY 10701 (716) 810-1320 Our File No.: 215672121-001 TO: Sobo & Sobo, LLP Attorney for Plaintiff Jocatena Hargrove One Dolson Avenue Middletown, NY 10940 2 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Index No.: 2021-55017 JOCATENA HARGROVE AFFIDAVIT OF NO EXCESS INSURANCE Plaintiff, -against- Received DARIN JACKSON and BRIANNA A. VELLONE, 15 2022 FEB Defendants. JenniferAdams Officesof aw Escobar Marcus J. STATE OF NEW YORK } }ss: COUNTY OF } Brianna A. Vellone, being duly swom, deposes and says: 1. That I am a defendant in the above-entitled matter. 2. At the time of the occurrence out of which the within action arose, the vehicle owned by Brianna A. Vellone and operated by Darin Jackson was covered under a liabilityinsurance policy containing bodily injury limitsof liabilityin the amount of $100,000 per person; $300,000 per accident. 3. Neither thatvehicle nor myself were covered, at thetime, under any other applicable policy of "Umbrella" insurance, including, but not limited to policy of excess liabilityinsurance, commonly known as "Catastrophe" or insurance under which any person carrying on an insurance business may be liableto satisfy part,or allof a judgment, which may be entered against me in this action or to indemnify or reimburse me for payments made to satisfy said judgment. Brianna A. Vellone Sworn to before me this 21 2 day of ff bfW 4 , 20 . Notary Public EVANS RONNER NotaryPublic- State of New York NO. 01R06400442 in Dutchess County Qualified My Commission Expires Nov 18, 2023 - - - ...- - - - - - - - 3 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 . . 33 I -- - .... - .- I / . O 4 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 m Safety TAff.8 suff UNf>ection m un one o n has CTj()N "o r veha . Ad M MAR Recaft Ih to 'resent th s receipt ion :1nd inspect c,niv,ion u regan unt ADVISEt n b III J en system c >l I ANi to n OBD reach before the on "OP imnot corre.to information x stem be must inanual for ondh ion nerN o refer 10 y our ou DISPLAYED MUST BE NOT1( 1 THIS ISSt ED A HAS BEEN VEHICI E IT P THIS UNTil VEHICLE IN 1 llE THIS VEHI RECElPT EXTENSION OM3 5 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 N y . f b . 6 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 . " , ; HP7 76955 fUST BE DISP 7 12/07 /22 .=E)l 2003 2 y 338 KHTf2 Z 2 O BN PAs 7 UCLE UNTIL 7 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 8 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 9 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 10 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 <3a-f/ T . 11 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 -- T ? 12 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 13 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 14 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 - - .,,,...r..- .. p .. 15 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 1 16 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 . u 17 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 a 18 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 19 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 20 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 6 21 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 ! 22 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 23 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 h 24 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 - * f D 25 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 26 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 27 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 28 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 * . , p. U y : * . * 29 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 30 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 31 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 32 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 33 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 34 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 35 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 b 36 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 | 37 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 38 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 e- j ; d I . ' .,- . --, . '.... ·[ , . ).|b/// f, 39 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 I 40 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 41 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 * ar . d b 42 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 I I | .'[ . .. 43 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 44 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 6 45 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 * 46 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 47 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 48 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 49 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 50 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 51 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 52 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 e 53 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 54 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 T . . e 55 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 56 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 57 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 -30 58 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 P 59 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 | 60 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 61 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 62 of 63 FILED: DUTCHESS COUNTY CLERK 09/19/2022 02:45 PM INDEX NO. 2021-55017 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 09/19/2022 d 63 of 63