Preview
FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX NO. 154964/2017
MARY ELLEN HOUGHTALEN and RICHARD
HOUGHTALEN,
Plaintiffs, NOTICE FOR
DISCOVERY AND
. -against- INSPECTION
THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY,
INC. doing business as INDUSTRY KITCHEN, and TROCOM
CONSTRUCTION CORP.,
Defendants.
C O U N S E L O R S :
PLEASE TAKE NOTICE, that the defendants herein, pursuant to Civil Practice Law
and Rules Section 3101 et. seq. and CPLR Sect. 3120, are required to produce and allow
discovery, inspection and copying to be made by the plaintiffs and their attorneys of the
following items, writings and objects maintained, controlled or supervised by the defendants or
their agent(s), servant(s) and/or employee(s). In lieu of strictcompliance with the terms and
conditions of this Notice, the undersigned will accept clearly legible photocopies of the said
items ifreceived at least five (5) days prior to the return date hereof, together with a letter from
defendants'
attorneys advising as to the completeness of the items provided.
PLACE: Offices of The Law Offices of Vladimir & Associates, PLLC
2137 Deer Park Avenue
Deer Park, New York 11729
DATE: February 16, 2018
TIME: 2:00 pm
ITEMS TO BE PRODUCED
1. All contracts of insurance coverage in effect at the time of the accident and/or incident
which took place on June 22, 2016 that would afford primary insurance coverage or excess
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018
defendants'
insurance coverage for the owner(s) and lessee(s) of the premises; property; land.
2. All liability policies of insurance held by an employer which would afford primary or
excess insurance coverage for defendants.
3. All liability policies of insurance held by a leasing company which would afford
defendants'
primary or excess insurance coverage for the lessee of the premises; property; land.
4. Any other insurance contract which would afford primary or excess coverage
"umbrella"
including any policy for the premises; property; land.
5. Any and all statements, abstracts of recordings and/or writings taken by the
defendants'
defendants, individually, or by the defendants attorneys and/or agent(s), from the plaintiffs with
reference to the within litigation which are presently in the possession of defendants, their
attorneys and/or agent(s) pursuant to CPLR Section3101(e).
6. All photographs under the control of the defendants or their attorneys or
representative(s) showing the condition of the scene to be alleged to represent the scene as of the
time of the accident and/or incident, and if applicable, any film, videotape, or other means of
electronic recording depicting or purporting to depict the plaintiff and/or any of their activities,
and intended to be introduced at the trial for that purpose.
7. Copies of statements from any witness(es) or participant(s) to the accident which is the
subject of this litigation. Koump v. Smith, 25 N.Y.2d 287.
8. A copy of the deed for 70 South Street, New York, New York in effect on June 22,
2016.
9. A copy of any net lease for 70 South Street, New York, New York in effect on June
22, 2016.
10. Copies of any contracts or agreements in effect on June 22, 2016 with respect to the
maintenance and/or repair of 70 South Street, New York, New York.
11. Copies of repair orders, repair records, maintenance records and/or complaints
concerning 70 South Street, New York, New York for the one (1) year period immediately
prior to and inclusive of June 22, 2016.
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12. Copies of records of any prior occurrence, similar to the occurrence complained of in
this action, for the two (2) year period immediately prior to and inclusive of June 22, 2016.
13. Copies of any diagrams, maps, drawings, or other documentation pertaining to the
construction, renovation, rehabilitation, maintenance, and/or repair of 70 South Street, New
York, New York for the one (1) year period impediately prior to and inclusive of June 22, 2016. .
PLEASE TAKE FURTHER NOTICE that the failure and/or refusal to respond to the
aforesaid demand may result in sanctions and judicial intervention pursuant to CPLR Sect. 3126.
The above demand is a continuing demand. In the event any of the above items are
obtained after service of this demand, they are to be furnished to the undersigned pursuant to this
demand.
Dated: Deer Park, New York
January 16, 2018
By: Richard Vladimir, Esq.
THE LAW OFFICES OF VLADIMIR & ASSOCIATES,
PLLC
Attorneys for Plaintiffs
2137 Deer Park Avenue
Deer Park, New York 11729
(631) 667-9666
ZACHARY W. CARTER - CORPORATION COUNSEL
Attorneys for Defendant
100 Church Street
New York, New York 10007
CLAUSEN MILLER P.C.
Attorneys for Merchant's Hospitality, Inc.
28 Liberty Street
39th Floor
New York, New York 10005
LAW OFFICES OF JAMES J.TOOMEY
Attorneys for Defendant
P.O. Box 2903
Hartford, Connecticut 06104-2903
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX NO. 154964/2017
MARY ELLEN HOUGHTALEN and RICHARD
HOUGHTALEN,
Plaintiffs, AFFIRMATION OF
MAIL SERVICE
-against-
THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY,
INC. doing business as INDUSTRY KITCHEN, and TROCOM
CONSTRUCTION CORP.,
Defendants.
STATE OF NEW YORK
COUNTY OF SUFFOLK
Richard Vladimir, an attorney admitted to practice law in the State of New York, affirms
the following under the penalties of perjury:
I am not a party to the action; I reside at Northport, New York, and I am over 18 years of
age.
On January 16, 2018, I served the within Notice for Discovery and Inspection by
depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under
the exclusive care and custody of the United States Postal Service within New York State,
addressed to the following at the last known address set forth below:
ZACHARY W. CARTER - CORPORATION COUNSEL
100 Church Street
New York, New York 10007
CLAUSEN MILLER P.C.
28 Liberty Street, 39th Floor
New York, New York 10005
LAW OFFICES OF JAMES J. TOOMEY
P.O. Box 2903
Hartford, Connecticut 06104-2903
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Dated: Deer Park, New York
January 16, 2018
RICHARD VLADIMIR
2
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SUPREME COURT OF THE STATE OFNEW YORK
COUNTYOF NEW YORK
Index No. 154964/2017
-_.________________-______________ _ _ ______________------------..-
MARY ELLENHOUGHTALEN and RICHARD HOUGHTALEN,
Plaintiffs,
-against-
THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY, INC. doing business as
INDUSTRY KITCHEN, and TROCOM CONSTRUCTION CORP.,
Defendants.
__-- __ __ ___ ___ - ____ _ ___-- ____ _____ ___ - ____ - ___ __ ____ ___ ____ ______
__________________-____________________________ _--
NOTICE FOR DISCOVERY AND INSPECTION
___________________________________________
THE LAW OFFICESOF VLADIMIR & ASSOCIATES, PLLC
Attorneys for Plaintiffs
2137 Deer Park Avenue
Deer Park, New York 11729
(631) 667-9666
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Preview
FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. 154964/2017 MARY ELLEN HOUGHTALEN and RICHARD HOUGHTALEN, Plaintiffs, NOTICE FOR DISCOVERY AND . -against- INSPECTION THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY, INC. doing business as INDUSTRY KITCHEN, and TROCOM CONSTRUCTION CORP., Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that the defendants herein, pursuant to Civil Practice Law and Rules Section 3101 et. seq. and CPLR Sect. 3120, are required to produce and allow discovery, inspection and copying to be made by the plaintiffs and their attorneys of the following items, writings and objects maintained, controlled or supervised by the defendants or their agent(s), servant(s) and/or employee(s). In lieu of strictcompliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items ifreceived at least five (5) days prior to the return date hereof, together with a letter from defendants' attorneys advising as to the completeness of the items provided. PLACE: Offices of The Law Offices of Vladimir & Associates, PLLC 2137 Deer Park Avenue Deer Park, New York 11729 DATE: February 16, 2018 TIME: 2:00 pm ITEMS TO BE PRODUCED 1. All contracts of insurance coverage in effect at the time of the accident and/or incident which took place on June 22, 2016 that would afford primary insurance coverage or excess 1 of 6 FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 defendants' insurance coverage for the owner(s) and lessee(s) of the premises; property; land. 2. All liability policies of insurance held by an employer which would afford primary or excess insurance coverage for defendants. 3. All liability policies of insurance held by a leasing company which would afford defendants' primary or excess insurance coverage for the lessee of the premises; property; land. 4. Any other insurance contract which would afford primary or excess coverage "umbrella" including any policy for the premises; property; land. 5. Any and all statements, abstracts of recordings and/or writings taken by the defendants' defendants, individually, or by the defendants attorneys and/or agent(s), from the plaintiffs with reference to the within litigation which are presently in the possession of defendants, their attorneys and/or agent(s) pursuant to CPLR Section3101(e). 6. All photographs under the control of the defendants or their attorneys or representative(s) showing the condition of the scene to be alleged to represent the scene as of the time of the accident and/or incident, and if applicable, any film, videotape, or other means of electronic recording depicting or purporting to depict the plaintiff and/or any of their activities, and intended to be introduced at the trial for that purpose. 7. Copies of statements from any witness(es) or participant(s) to the accident which is the subject of this litigation. Koump v. Smith, 25 N.Y.2d 287. 8. A copy of the deed for 70 South Street, New York, New York in effect on June 22, 2016. 9. A copy of any net lease for 70 South Street, New York, New York in effect on June 22, 2016. 10. Copies of any contracts or agreements in effect on June 22, 2016 with respect to the maintenance and/or repair of 70 South Street, New York, New York. 11. Copies of repair orders, repair records, maintenance records and/or complaints concerning 70 South Street, New York, New York for the one (1) year period immediately prior to and inclusive of June 22, 2016. 2 of 6 FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 12. Copies of records of any prior occurrence, similar to the occurrence complained of in this action, for the two (2) year period immediately prior to and inclusive of June 22, 2016. 13. Copies of any diagrams, maps, drawings, or other documentation pertaining to the construction, renovation, rehabilitation, maintenance, and/or repair of 70 South Street, New York, New York for the one (1) year period impediately prior to and inclusive of June 22, 2016. . PLEASE TAKE FURTHER NOTICE that the failure and/or refusal to respond to the aforesaid demand may result in sanctions and judicial intervention pursuant to CPLR Sect. 3126. The above demand is a continuing demand. In the event any of the above items are obtained after service of this demand, they are to be furnished to the undersigned pursuant to this demand. Dated: Deer Park, New York January 16, 2018 By: Richard Vladimir, Esq. THE LAW OFFICES OF VLADIMIR & ASSOCIATES, PLLC Attorneys for Plaintiffs 2137 Deer Park Avenue Deer Park, New York 11729 (631) 667-9666 ZACHARY W. CARTER - CORPORATION COUNSEL Attorneys for Defendant 100 Church Street New York, New York 10007 CLAUSEN MILLER P.C. Attorneys for Merchant's Hospitality, Inc. 28 Liberty Street 39th Floor New York, New York 10005 LAW OFFICES OF JAMES J.TOOMEY Attorneys for Defendant P.O. Box 2903 Hartford, Connecticut 06104-2903 3 of 6 FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. 154964/2017 MARY ELLEN HOUGHTALEN and RICHARD HOUGHTALEN, Plaintiffs, AFFIRMATION OF MAIL SERVICE -against- THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY, INC. doing business as INDUSTRY KITCHEN, and TROCOM CONSTRUCTION CORP., Defendants. STATE OF NEW YORK COUNTY OF SUFFOLK Richard Vladimir, an attorney admitted to practice law in the State of New York, affirms the following under the penalties of perjury: I am not a party to the action; I reside at Northport, New York, and I am over 18 years of age. On January 16, 2018, I served the within Notice for Discovery and Inspection by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: ZACHARY W. CARTER - CORPORATION COUNSEL 100 Church Street New York, New York 10007 CLAUSEN MILLER P.C. 28 Liberty Street, 39th Floor New York, New York 10005 LAW OFFICES OF JAMES J. TOOMEY P.O. Box 2903 Hartford, Connecticut 06104-2903 4 of 6 FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 Dated: Deer Park, New York January 16, 2018 RICHARD VLADIMIR 2 5 of 6 FILED: NEW YORK COUNTY CLERK 01/16/2018 11:35 AM INDEX NO. 154964/2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/16/2018 SUPREME COURT OF THE STATE OFNEW YORK COUNTYOF NEW YORK Index No. 154964/2017 -_.________________-______________ _ _ ______________------------..- MARY ELLENHOUGHTALEN and RICHARD HOUGHTALEN, Plaintiffs, -against- THE CITY OF NEW YORK, MERCHANT'S HOSPITALITY, INC. doing business as INDUSTRY KITCHEN, and TROCOM CONSTRUCTION CORP., Defendants. __-- __ __ ___ ___ - ____ _ ___-- ____ _____ ___ - ____ - ___ __ ____ ___ ____ ______ __________________-____________________________ _-- NOTICE FOR DISCOVERY AND INSPECTION ___________________________________________ THE LAW OFFICESOF VLADIMIR & ASSOCIATES, PLLC Attorneys for Plaintiffs 2137 Deer Park Avenue Deer Park, New York 11729 (631) 667-9666 6 of 6