Preview
FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________ ___________________
JACQUELINE BARRETT,
PLAINTIFF'S
Plaintiff, COMBINED
DEMANDS
-against-
PENSKE LEASING AND RENTAL COMPANY, PENSKE Index No.: 708371/2021
TRUCK LEASING CO., L.P., THRIFT
LAND ACQUISITION, LLC D/B/A HELPSY,
and JACOB GUNTHER,
Defendants.
_________ ______________________________________________
PLEASE TAKE NOTICE, that the undersigned hereby serves the following demands upon
you pursuant to CPLR § 3120 and 3110, et seq., returnable to the law offices of SPAR &
BERNSTE1N, P.C., 225 Broadway, New York, NY 10007 within the time limits provided by the
CPLR;
(1) Demand for the Names and Addresses of all Witnesses (annexed);
(2) Demand for the Discovery and Inspection of any Statement of a Party
Represented by the Undersigned (annexed);
(3) Demand for Insurance Coverage (annexed);
(4) Demand for Accident Reports (annexed);
(5) Demand for Photographs (annexed);
(6) Demand for Expert Witness Disclosure (annexed);
(7) Demand for Surveillance Photographs (annexed);
(8) Notice to Produce (annexed);
(9) Notice for Deposition (annexed)
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(1) DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to
Article 31, that you set forth in writing and under oath the names and addresses of
each person claimed by any party you represent to be a witness to any of the
following:
(a) The occurrence alleged in the Complaint;
(b) Any acts or conditions which have been alleged as causing the occurrence
alleged in the Complaint;
(c) Any actual notice given to the Defendant or claimed to be given to
Defendant as alleged in the Complaint;
(d) The nature and duration of the conditions which allegedly caused the
occurrence alleged in the Complaint;
(e) The names and addresses of any persons having knowledge of the acts,
notice or conditions substantiating any Affirmative Defense asserted by
you;
(f) If any of the persons named in response to the preceding paragraphs were
in the employ of Defendant on the date of the occurrence complained of, set
forth the names of each such person;
(g) If any such person named in the preceding paragraphs is presently in the
employ of Defendant, set forth the name of such person.
If no such witnesses are known to Defendant, so state in the sworn reply to this
demand. The undersigned will object upon trial to the testimony of any witnesses
not so identified.
(2) DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT
OF A PARTY REPRESENT__ED BY THE UNDERSIGNED.
PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that
you produce, pursuant to CPLR § 3101 (e), any such statements.
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(3) DEMAND FOR INSURANCE COVERAGE
PLEASE TAKE FURTHER NOTICE, that the undersigned demands pursuant to
CPLR § 3101(f), that ALL DEFENDANTS produce and permit Plaintiff to
inspect and to copy the contents of any insurance agreements under which any
person carrying on an insurance business may be liable to satisfy all or part of a
judgment which may be entered in this action or to indemnify or reimburse for
payment made to satisfy the judgment which may be entered herein, including but
not limited to excess and additional coverage. This specifically includes all
insurance which was covering the Defendants but which disclaimed the
occurrence complained of herein.
This demand includes any and allexcess insurance purchased or otherwise
utilized by Defendants. Plaintiff demands an Affidavit of No Excess Insurance
to be signed and delivered by Defendants to Plaintiff if no such excess insurance
exists.
(4) DEMAND FOR_ACCIDENT REPORTS
PLEASE TAKE FURTHER NOTICE, that the undersigned demands pursuant to
CPLR § 3101(g), that you produce and allow Plaintiff to inspect any written
report concerning the accident which is the subject matter of this lawsuit prepared
in the regular course of business operations or practices of any person, firm,
corporation, association or other public or private entity. This demand includes
all accident reports, whether or not prepared exclusively in preparation for
litigation. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S. 2d 694 (1981).
(5) DEMAND FOR PHOTOGRAPHS
PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to
CPLR Article 31, that you produce any and all photographs of the scene of the
occurrence, Plaintiff's injuries, any instrumentality's involved in the subject
occurrence, and/or (if applicable) the motor vehicle involved in the accident. If
no such photographs are in the possession, custody or control of any parties you
represent in this action, so state in the sworn reply to this demand.
(6) DEMAND FOR EXPERT WITNESS DISCLOSURE
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR§ 3101(d)(1), you
are hereby required to set forth the following:
(a) The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
(b) In reasonable detail, the subject matter on which each expert is to testify;
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(c) The substance of the facts and opinions on which each expert is expected to
testify;
(d) The qualifications of each such expert witness; and
(e) A summary of the grounds for each expert's opinion.
(7) DEMAND FOR SURVEILLANCE PHOTOGRAPHS AND VIDEOS
PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to
CPLR Article 31, copies of any and all videotapes, movies, photographs, and/or
visual reproductions and/or descriptions of plaintiff.
PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing
demañds and that if any of the above items are obtained after the date of this
demand, they are to be fumished to the undersigned pursuant to these demands.
Failure to properly and timely respond to this Combined Demand will result in
appropriate motion practice.
(8) NOTICE TO PRODUCE
PLEASE TAKE FURTHER NOTICE, pursuant to Article 31 of the CPLR the
defendant is required to produce the following information, documents and
material for discovery and inspection at the offices of Spar & Bernstein, PC:
1. Inspection, management, maintenance, and repair records of the 2020
Vehicle Defendants owned and operated, bearing New York license plate
number 68474MM, VIN Number JHHGDM2H2LK001735;
2. Pre- and post-accident repair records of the aforementioned vehicle;
3. MV-104, whether in possession of Defendents, his attorneys or insurance
carrier;
4. Copy of title to vehicle;
5. Copies of all contracts, including but not limited to the rental and or lease
agreement signed by Defendants THRIFT LAND ACQUISITION, LLC
D/B/A HELPSY and JACOB GUNTHER when renting and or leasing the
aforementioned motor vehicle.
6. Copy of the employment agreement between JACOB GUNTHER and
THRIFT LAND ACQUISITION, LLC D/B/A HELPSY.
7. Documents identifying who had possession and control of the vehicle for a
period of three (3) months before the accident.
(9) NOTICE OF DEPOSITION
PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, Plaintiff will
take the testimony upon oral examination of Defendants before a notary public who
is not an attorney or employee of an attorney for any party or prospective party
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herein 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 date
scheduled pursuant to Preliminary Conference Order, at a place to be determined
at such time, with respect to evidence and material necessary in the prosecution and
defense of this Action.
PLEASE TAKE FURTHER NOTICE that the deposition witnesses identified
above are required to produce at such examination before trial originals of all
documents requested in the notice to produce annexed hereto.
PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing demands
and that if any of the above items are obtained after the date of this demand, they are to be
furnished to the undersigned pursuant to these demands. Failure to properly and timely respond
to these Combined Demands will result in appropriate motion practice.
Dated: New York, New York
May 28, 2021
Yours, etc.
SPAR & BERNSTEIN P.C.
By: David S. Levy, Esq.
Attorney for Plaintiff
JAQUELINE BARRETT
225 Broadway, 5th Floor
New York, New York 10007
(212) 227-3636
Matter No.: 200315
TO:
MARTYN, MARTYN, SMITH, MURRAY & YONG, ESQS.
Attorneys for Defendants
PENSKE LEASING & RENTAL COMPANY,
PENSKE TRUCK LEASING CO. L.P.,
THRIFT LAND ACQUISITION, LLC d/b/a
HELPSY, and JACOB GUNTHER
330 Old Country Road, Suite 211
Mineola, New York 11501
516-739-0000
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FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS INDEX NO. 708371/2021
JACQUELINE BARRETT,
Plaintiff,
-against-
PENSKE LEASING AND RENTAL COMPANY, PENSKE
TRUCK LEASING CO., L.P., THRIFT LAND ACQUISITION,
LLC D/B/A HELPSY, and JACOB GUNTHER,
Defendants.
PLAINTIFF'S COMBINED DEMANDS
SPAR & BERNSTEIN, P.C.
Attorneys for Plaintiff
Office and Post Office Address
225 Broadway, 5th Floor
New York, New York 10007
(646) 663-3066
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Preview
FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________ ___________________ JACQUELINE BARRETT, PLAINTIFF'S Plaintiff, COMBINED DEMANDS -against- PENSKE LEASING AND RENTAL COMPANY, PENSKE Index No.: 708371/2021 TRUCK LEASING CO., L.P., THRIFT LAND ACQUISITION, LLC D/B/A HELPSY, and JACOB GUNTHER, Defendants. _________ ______________________________________________ PLEASE TAKE NOTICE, that the undersigned hereby serves the following demands upon you pursuant to CPLR § 3120 and 3110, et seq., returnable to the law offices of SPAR & BERNSTE1N, P.C., 225 Broadway, New York, NY 10007 within the time limits provided by the CPLR; (1) Demand for the Names and Addresses of all Witnesses (annexed); (2) Demand for the Discovery and Inspection of any Statement of a Party Represented by the Undersigned (annexed); (3) Demand for Insurance Coverage (annexed); (4) Demand for Accident Reports (annexed); (5) Demand for Photographs (annexed); (6) Demand for Expert Witness Disclosure (annexed); (7) Demand for Surveillance Photographs (annexed); (8) Notice to Produce (annexed); (9) Notice for Deposition (annexed) 1 of 6 FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 (1) DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to Article 31, that you set forth in writing and under oath the names and addresses of each person claimed by any party you represent to be a witness to any of the following: (a) The occurrence alleged in the Complaint; (b) Any acts or conditions which have been alleged as causing the occurrence alleged in the Complaint; (c) Any actual notice given to the Defendant or claimed to be given to Defendant as alleged in the Complaint; (d) The nature and duration of the conditions which allegedly caused the occurrence alleged in the Complaint; (e) The names and addresses of any persons having knowledge of the acts, notice or conditions substantiating any Affirmative Defense asserted by you; (f) If any of the persons named in response to the preceding paragraphs were in the employ of Defendant on the date of the occurrence complained of, set forth the names of each such person; (g) If any such person named in the preceding paragraphs is presently in the employ of Defendant, set forth the name of such person. If no such witnesses are known to Defendant, so state in the sworn reply to this demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. (2) DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENT__ED BY THE UNDERSIGNED. PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that you produce, pursuant to CPLR § 3101 (e), any such statements. 2 of 6 FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 (3) DEMAND FOR INSURANCE COVERAGE PLEASE TAKE FURTHER NOTICE, that the undersigned demands pursuant to CPLR § 3101(f), that ALL DEFENDANTS produce and permit Plaintiff to inspect and to copy the contents of any insurance agreements under which any person carrying on an insurance business may be liable to satisfy all or part of a judgment which may be entered in this action or to indemnify or reimburse for payment made to satisfy the judgment which may be entered herein, including but not limited to excess and additional coverage. This specifically includes all insurance which was covering the Defendants but which disclaimed the occurrence complained of herein. This demand includes any and allexcess insurance purchased or otherwise utilized by Defendants. Plaintiff demands an Affidavit of No Excess Insurance to be signed and delivered by Defendants to Plaintiff if no such excess insurance exists. (4) DEMAND FOR_ACCIDENT REPORTS PLEASE TAKE FURTHER NOTICE, that the undersigned demands pursuant to CPLR § 3101(g), that you produce and allow Plaintiff to inspect any written report concerning the accident which is the subject matter of this lawsuit prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. This demand includes all accident reports, whether or not prepared exclusively in preparation for litigation. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S. 2d 694 (1981). (5) DEMAND FOR PHOTOGRAPHS PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR Article 31, that you produce any and all photographs of the scene of the occurrence, Plaintiff's injuries, any instrumentality's involved in the subject occurrence, and/or (if applicable) the motor vehicle involved in the accident. If no such photographs are in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. (6) DEMAND FOR EXPERT WITNESS DISCLOSURE PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR§ 3101(d)(1), you are hereby required to set forth the following: (a) The name and address of each and every person you expect to call as an expert witness at the trial of this action; (b) In reasonable detail, the subject matter on which each expert is to testify; 3 of 6 FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 (c) The substance of the facts and opinions on which each expert is expected to testify; (d) The qualifications of each such expert witness; and (e) A summary of the grounds for each expert's opinion. (7) DEMAND FOR SURVEILLANCE PHOTOGRAPHS AND VIDEOS PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR Article 31, copies of any and all videotapes, movies, photographs, and/or visual reproductions and/or descriptions of plaintiff. PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing demañds and that if any of the above items are obtained after the date of this demand, they are to be fumished to the undersigned pursuant to these demands. Failure to properly and timely respond to this Combined Demand will result in appropriate motion practice. (8) NOTICE TO PRODUCE PLEASE TAKE FURTHER NOTICE, pursuant to Article 31 of the CPLR the defendant is required to produce the following information, documents and material for discovery and inspection at the offices of Spar & Bernstein, PC: 1. Inspection, management, maintenance, and repair records of the 2020 Vehicle Defendants owned and operated, bearing New York license plate number 68474MM, VIN Number JHHGDM2H2LK001735; 2. Pre- and post-accident repair records of the aforementioned vehicle; 3. MV-104, whether in possession of Defendents, his attorneys or insurance carrier; 4. Copy of title to vehicle; 5. Copies of all contracts, including but not limited to the rental and or lease agreement signed by Defendants THRIFT LAND ACQUISITION, LLC D/B/A HELPSY and JACOB GUNTHER when renting and or leasing the aforementioned motor vehicle. 6. Copy of the employment agreement between JACOB GUNTHER and THRIFT LAND ACQUISITION, LLC D/B/A HELPSY. 7. Documents identifying who had possession and control of the vehicle for a period of three (3) months before the accident. (9) NOTICE OF DEPOSITION PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, Plaintiff will take the testimony upon oral examination of Defendants before a notary public who is not an attorney or employee of an attorney for any party or prospective party 4 of 6 FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 herein 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 date scheduled pursuant to Preliminary Conference Order, at a place to be determined at such time, with respect to evidence and material necessary in the prosecution and defense of this Action. PLEASE TAKE FURTHER NOTICE that the deposition witnesses identified above are required to produce at such examination before trial originals of all documents requested in the notice to produce annexed hereto. PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. Failure to properly and timely respond to these Combined Demands will result in appropriate motion practice. Dated: New York, New York May 28, 2021 Yours, etc. SPAR & BERNSTEIN P.C. By: David S. Levy, Esq. Attorney for Plaintiff JAQUELINE BARRETT 225 Broadway, 5th Floor New York, New York 10007 (212) 227-3636 Matter No.: 200315 TO: MARTYN, MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants PENSKE LEASING & RENTAL COMPANY, PENSKE TRUCK LEASING CO. L.P., THRIFT LAND ACQUISITION, LLC d/b/a HELPSY, and JACOB GUNTHER 330 Old Country Road, Suite 211 Mineola, New York 11501 516-739-0000 5 of 6 FILED: QUEENS COUNTY CLERK 05/28/2021 12:59 PM INDEX NO. 708371/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/28/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO. 708371/2021 JACQUELINE BARRETT, Plaintiff, -against- PENSKE LEASING AND RENTAL COMPANY, PENSKE TRUCK LEASING CO., L.P., THRIFT LAND ACQUISITION, LLC D/B/A HELPSY, and JACOB GUNTHER, Defendants. PLAINTIFF'S COMBINED DEMANDS SPAR & BERNSTEIN, P.C. Attorneys for Plaintiff Office and Post Office Address 225 Broadway, 5th Floor New York, New York 10007 (646) 663-3066 6 of 6