On November 18, 2020 a
No Value
was filed
involving a dispute between
Sarah M. Lanza,
and
Guma Construction,
Santo Mercedes Baez,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------X
SARAH M. LANZA, Index No.: 523020/2020
Plaintiff
POST-EBT DEMANDS
-against-
SANTO MERCEDES BAEZ and
GUMACONSTRUCTION,
Defendants
------------------------------------------------------------------X
TAKE NOTICE:
The Plaintiff hereby demands the production of the following documents and things, and that
your responses be sent to the office of the undersigned at the address set forth below, within 30
days hereof:
1. Any photos and/or videos in your possession and/or under your control, which show and/or
depict of any automobiles involved in the subject accident, including any claims photos or
videos, and/or photos or videos in the possession of the Defendants’ insurer’s claims department,
and/or underwriting photos or videos, all without regard to when the photos and/or videos were
taken.
2. Any photos, videos, and/or audio recordings in your possession and/or under your control,
including surveillance materials, which show and/or depict the plaintiff, all without regard to
when the photos and/or videos were taken, or audio recordings were made.
3. Any title to the Defendants’ subject vehicle which has the corporate Defendant’s name
thereon, showing said vehicles ownership by the corporate Defendant.
4. All repair records and/or estimate records relating to any damage caused to the Defendant’s
subject vehicle as a result of the within accident.
1
1 of 3
FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021
5. Any recording, video, photo and/or surveillance materials of any sort which depict the
plaintiffs regardless of when taken.
6. All materials, things or documents showing whether or not the defendants’ vehicle was
transporting a refuse container at the time of the subject accident, and if so, all documents
showing the weight and/or volume of the refuse being transported, if any.
7. All records of training provided to the defendant SANTO MERCEDES BAEZ by the
defendant GUMA CONSTRUCTION CORP.
8. All documents submitted to the Federal Motor Carrier Safety Administration regarding
liability insurance limits for GUMA CONSTRUCTION CORP.
9. All documents submitted to the United States Department of Transportation regarding
liability insurance limits for GUMA CONSTRUCTION CORP.
10. All documents showing GUMA CONSTRUCTION CORP. having had $5,000,000.00 of
total liability insurance, or more, covering its subject vehicle, in March of 2020.
________________________________
Mark Peter Getzoni, Esq.
THE LAW FIRM OF DAVIDOFF &
ASSOCIATES, P.C.
Attorneys for the Plaintiff
108-18 Queens Blvd., Suite 404
Forest Hills, NY 11375
(718) 268-8800
Dated: Forest Hills, NY
November 30th, 2021
2
2 of 3
FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021
VIA E-FILE TO:
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendants
SANTO MERCEDES BAEZ and GUMA
CONSTRUCTION CORP.
One Whitehall Street, 13th Floor
New York, New York 10004-2109
(212) 248-9100
3
3 of 3
Preview
FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X SARAH M. LANZA, Index No.: 523020/2020 Plaintiff POST-EBT DEMANDS -against- SANTO MERCEDES BAEZ and GUMACONSTRUCTION, Defendants ------------------------------------------------------------------X TAKE NOTICE: The Plaintiff hereby demands the production of the following documents and things, and that your responses be sent to the office of the undersigned at the address set forth below, within 30 days hereof: 1. Any photos and/or videos in your possession and/or under your control, which show and/or depict of any automobiles involved in the subject accident, including any claims photos or videos, and/or photos or videos in the possession of the Defendants’ insurer’s claims department, and/or underwriting photos or videos, all without regard to when the photos and/or videos were taken. 2. Any photos, videos, and/or audio recordings in your possession and/or under your control, including surveillance materials, which show and/or depict the plaintiff, all without regard to when the photos and/or videos were taken, or audio recordings were made. 3. Any title to the Defendants’ subject vehicle which has the corporate Defendant’s name thereon, showing said vehicles ownership by the corporate Defendant. 4. All repair records and/or estimate records relating to any damage caused to the Defendant’s subject vehicle as a result of the within accident. 1 1 of 3 FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021 5. Any recording, video, photo and/or surveillance materials of any sort which depict the plaintiffs regardless of when taken. 6. All materials, things or documents showing whether or not the defendants’ vehicle was transporting a refuse container at the time of the subject accident, and if so, all documents showing the weight and/or volume of the refuse being transported, if any. 7. All records of training provided to the defendant SANTO MERCEDES BAEZ by the defendant GUMA CONSTRUCTION CORP. 8. All documents submitted to the Federal Motor Carrier Safety Administration regarding liability insurance limits for GUMA CONSTRUCTION CORP. 9. All documents submitted to the United States Department of Transportation regarding liability insurance limits for GUMA CONSTRUCTION CORP. 10. All documents showing GUMA CONSTRUCTION CORP. having had $5,000,000.00 of total liability insurance, or more, covering its subject vehicle, in March of 2020. ________________________________ Mark Peter Getzoni, Esq. THE LAW FIRM OF DAVIDOFF & ASSOCIATES, P.C. Attorneys for the Plaintiff 108-18 Queens Blvd., Suite 404 Forest Hills, NY 11375 (718) 268-8800 Dated: Forest Hills, NY November 30th, 2021 2 2 of 3 FILED: KINGS COUNTY CLERK 11/30/2021 05:02 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 11/30/2021 VIA E-FILE TO: LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendants SANTO MERCEDES BAEZ and GUMA CONSTRUCTION CORP. One Whitehall Street, 13th Floor New York, New York 10004-2109 (212) 248-9100 3 3 of 3