No Value: Silas Ajawuihe v. Lawrence Mathe, Carmen Mathe

On August 26, 2021 a No Value was filed involving a dispute between Silas Ajawuihe, and Carmen Mathe, Jane Mathe The First Name Being Fictitious, Lawrence Mathe, for Torts - Other (Dog Attack) in the District Court of Richmond County.

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FILED: RICHMOND COUNTY CLERK 02/07/2022 04:44 PM INDEX NO. 151617/2021
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/07/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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SILAS AJAWUIHE,

Plaintiff, Index No. 151617/21

-against- PLAINTIFF’S
COMBINED DEMANDS
LAWRENCE MATHE and “JANE” MATHE, the first
name being fictitious,

Defendants.
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PLEASE TAKE NOTICE that demand is hereby made, pursuant to Article 31, et seq.,

of the Civil Practice Laws and Rules, of each party you represent to comply with the following

demands and notices, returnable at the offices of PILLINGER MILLER TARALLO, LLP, 555

Taxter Road, 5th Floor, Elmsford, NY 10523, within twenty (20) days from the date hereof:

1. Names and addresses of all witnesses to the subject occurrence.

2. Names and addresses of all witnesses to any conversation at the scene of the

subject occurrence.

3. Names and addresses of all witnesses to any conversation involving any of the

parties herein regarding the circumstances surrounding the subject occurrence or the condition of

the location of the accident.

4. Names and addresses of all witnesses to relevant physical facts or circumstances

that existed at the scene of the subject occurrence or with reference to any of the

instrumentalities involved in the subject occurrence.

5. All statements of plaintiff in your possession or available to you.

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6. All photographs and all films, whether moving or still, of the plaintiff available to

you in and defendant’s possession.

7. All photographs and all films, whether moving or still of the defendant’s dog.

8. All photographs and all films, whether moving or still of the scene of the subject

occurrence.

9. The name, address, policy number, claim number, and policy limits of all

applicable insurance coverage.

10. The name, address, policy number, claim number, and policy limits of all

applicable excess insurance coverage.

11. The name, address, policy number, claim number, and policy limits of all

applicable umbrella insurance coverage.

12. Identify with specificity, including name and last known business address, each

expert witness you or the party you represent intends to call at the time of trial.

13. State with specificity, the qualifications of each and every expert witness you or

the party you represent intends to call at the time of trial, including, but not limited to education

backgrounds, professional licenses obtained and state where gained, related academic

experience, work experience, relevant articles published, lectures given and professional

associations with which the expert may be affiliated.

14. State with specificity the subject matter in reasonable detail upon which the expert

is expected to testify at the time of trial.

15. With respect to each expert, state:

a. The facts and opinions upon which the expert is expected to testify at time of trial;

b. When this expert was retained by counsel;

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c. With whom the expert has consulted in reaching his opinions and conclusions

with regard to this matter and provide their last known business address;

d. Whether this expert has had occasion to visit the scene of this occurrence, and

provide the dates involved.

16. Provide a summary of the grounds of each expert’s opinion and attach any data in

support of each opinion and conclusion.

17. Attach a complete copy of each expert’s report, including photographs, exhibits,

diagrams, charts, and any other material prepared by this expert in connection with this retainer.

18. State whether any of the named experts have previously testified on behalf of

your law office in other litigation. If so, provide case name and index number.

19. Copies of any and all documents, including purchase information, receipts,

invoices, and/or bills from any pet store or pet supply website for (3) years prior to the accident

at issue, and one (1) year post the accident at issue.

20. The name and address of each veterinarian or veterinarian service including any

ASPCA, emergency veterinary hospital or similar entity that has provided service to defendants’

pets in the 3 years prior to the accident and 1 year post-accident.

21. The name and address of any animal fostering or animal adoption or similar

service, including ASPCA, emergency veterinary hospital or similar entity, which defendants

have either adopted or fostered a pet from in the 3 years prior to the accident.

22. Copies of any and all documents, including vet records, bills, receipts and/or

invoices from any veterinary center or veterinarian utilized by defendants for (3) years prior to

the accident at issue, and one (1) year post the accident at issue.

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23. Copies of any and all documents, including ownership records, vaccination

records, pet insurance records in defendants’ possession for (3) years prior to the accident at

issue, and one (1) year post the accident at issue.

24. Copies of any and all documents, including pet purchase receipts, adoption

records, pet foster records/certificates, in defendants’ possession for (3) years prior to the

accident at issue, and one (1) year post the accident at issue.

PLEASE TAKE FURTHER NOTICE that, in lieu of appearing with the documents

requested herein, you may forward legible photocopies to the undersigned prior to the return date

of this notice.

PLEASE TAKE FURTHER NOTICE that the foregoing demands and notices are

continuing and that, if any of the items are obtained after the date of this demand, they are

required to be furnished to the undersigned within twenty (20) days after discovery thereof.

PLEASE TAKE FURTHER NOTICE the demands and notices herein relate to all

items in the possession, custody, or control of each of the parties you represent, said party’s

counsel, insurance carriers, or agents, servants, and/or employees.

PLEASE TAKE FURTHER NOTICE, if any item sought herein does not exist or has

been destroyed a sworn statement by a person with knowledge as to the non-existence of said

item must be provided to plaintiff’s counsel on or before the return date hereof in lieu of the

production of the demanded item.

PLEASE TAKE FURTHER NOTICE, the failure of each party you represent to

comply herewith shall result in an application at the time of trial or sooner for the imposition of

costs, striking of the answer, an order of preclusion, judicially imposed adverse presumptions,

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and such other relief as is set forth in Rule 3123 and Section 3126 of the Civil Practice Law and

Rules.

DATED: February 7, 2022
Westchester, NY

Yours, etc.

PILLINGER MILLER TARALLO, LLP
By: _____________________________
Patrice M. Coleman
Attorneys for Plaintiff
555 Taxter Road, 5th Floor
Elmsford, NY 10523
(914) 703-6300
Our File No. PLF-00684

TO:

BORRELL & RISO, LLP
1500 Hylan Boulevard
Staten Island, NY 10305

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INDEX NO. 151617/21

--------------------------------------------------------------------X
SILAS AJAWUIHE,

Plaintiff,

-against-

LAWRENCE MATHE and “JANE” MATHE, the first
name being fictitious,

Defendants.
-------------------------------------------------------------------X

____________________________________________________________________________________________

COMBINED DEMANDS
___________________________________________________________________________________________

PILLINGER MILLER TARALLO, LLP
Attorneys for Plaintiff
555 Taxter Road, 5th Floor
Elmsford, NY 10523
(914) 703-6300
PLF-00684/PMC

CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a

PATRICE M. COLEMAN hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a, the foregoing
Combined Demands is not frivolous nor frivolously presented.

______________________
Patrice M.Coleman
Dated: Westchester, New York PATRICE M. COLEMAN
February 7, 2022
____________________________________________________________________________________________

PLEASE TAKE NOTICE

that the within is a true copy of a entered in the office of the clerk of the within named
Court on .

that a of which the within is a true copy will be presented for settlement to the Hon. one of
the judges of the within named Court at , on at 9:30 a.m.

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Case Info

Judge

Ralph Porzio Track Judge’s New Case

Case No.

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Document Filed Date

February 07, 2022

Case Filing Date

August 26, 2021

County

Parties

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