Preview
FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
STEVEN JIMENEZ,
Index No.: 153982/2021
Plaintiff,
- against -
MAXWELL KATES, INC., 315 SEVENTH AVENUE
RESIDENTIAL, L.L.C., THE 315 SEVENTH
AVENUE CONDOMINIUM and T-MOBILE USA,
INC.,
Defendants.
---------------------------------------------------------------x
CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a
The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a.
NOTICE OF DEPOSITIONS
COMBINED DISCOVERY DEMANDS
Dated: New York, New York
October 4, 2021
SJOQUIST & BAER
____________________________
By: William C. Neves
Attorneys for Defendants
Maxwell-Kates, Inc. and
The 315 Seventh Avenue Condominium
757 Third Avenue, Tenth Floor
New York, New York 10017
(212) 227-1735
To: All parties via NYSCEF
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FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
STEVEN JIMENEZ,
Index No.: 153982/2021
Plaintiff,
NOTICE OF DEPOSITION
- against -
MAXWELL KATES, INC., 315 SEVENTH AVENUE
RESIDENTIAL, L.L.C., THE 315 SEVENTH
AVENUE CONDOMINIUM and T-MOBILE USA,
INC.,
Defendants.
---------------------------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules
Article 31, the undersigned will take on the 8th day of January 2022, at 10:00 a.m. at the offices
of the undersigned, the oral deposition of Plaintiff and each Co-Defendant, and the same will
continue from day to day until completed, concerning all of the relevant facts and circumstances
in connection with this litigation. Defendants reserve the right to use electronic audio and visual
means to record said examinations in conjunction with, or instead of, stenographic recordings
pursuant to applicable court rules.
PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the
testimony, Plaintiff and Co-Defendants are required to produce any and all documents, reports,
and/or records which may be used by Plaintiff or Co-Defendant so testifying to refresh their
recollection as to the matters hereinabove set forth.
2 of 11
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
Dated: New York, New York
October 4, 2021
SJOQUIST & BAER
By: William C. Neves
Attorneys for Defendants
Maxwell-Kates, Inc. and
The 315 Seventh Avenue Condominium
757 Third Avenue, Tenth Floor
New York, New York 10017
(212) 227-1735
3 of 11
FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
STEVEN JIMENEZ,
Index No.: 153982/2021
Plaintiff,
COMBINED
- against - DISCOVERY DEMANDS
MAXWELL KATES, INC., 315 SEVENTH AVENUE
RESIDENTIAL, L.L.C., THE 315 SEVENTH
AVENUE CONDOMINIUM and T-MOBILE USA,
INC.,
Defendants.
---------------------------------------------------------------x
DEMAND FOR AUTHORIZATIONS
Defendants hereby demand that Plaintiff produce, pursuant to CPLR Article 31,
HIPAA-compliant, fully executed written authorizations permitting Defendants to obtain all
ambulance, pharmaceutical, hospital (including any ambulance and emergency room records, etc.)
and treating physicians’, dentists’ or mental health professionals’ medical and dental records and
reports including dates of treatment, etc. relating to any physical or emotional injuries that Plaintiff
sustained as a result of the accident alleged in the complaint.
DEMAND FOR OPPOSING PARTY STATEMENTS
Defendants hereby demand that Plaintiff and Co-Defendants produce, pursuant to
CPLR Rules 3101(e) and 3120, and permit Defendants to discover, inspect, copy and photograph
any signed statement, unsigned statement, or copy of any recorded statement or document made
by, or taken from, Defendants, any agent, servant or employee of Defendants, or any other relevant
witness or witness that Plaintiff or Co-Defendants may call at a deposition or trial in this matter.
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DEMAND FOR EXPERT WITNESS DISCLOSURE
Defendants hereby demand that Plaintiff and Co-Defendants 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 expected to testify.
c. The substance of the facts and opinions on which each expert
is expected to testify.
d. The qualification of each expert witness.
e. A summary of the grounds for each expert’s opinion.
DEMAND FOR PHOTOGRAPHS/VIDEO
Defendants hereby demand that Plaintiff and Co-Defendants produce, pursuant to
CPLR 3120, and permit Defendants to discover and inspect, copy and photograph all photographs
and/or video in any form showing any of incidents alleged in the complaint, the location of the
alleged incidents that led to Plaintiff’s alleged injury, any relevant condition or damage at the
accident location, the alleged injuries sustained by Plaintiff, and anything else that is relevant to
this litigation.
DEMAND FOR INCIDENT REPORTS and DOCUMENTS
Defendants hereby demand that Plaintiff and Co-Defendants produce full and
complete copies of all incident, accident, police, or professional reports or any other document
concerning, or arising from, the accident alleged in the complaint or Plaintiff’s alleged injuries
from said accident.
5 of 11
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DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
Defendants hereby demand that Plaintiff and Co-Defendants set forth in writing the
names and addresses of each person known or claimed by you or any party you represent in this
action to be a witness to any of the incidents alleged in the complaint, to Plaintiff’s alleged injury
from any such incident, or to any other matter relevant to Plaintiff’s claims in this action.
DEMAND FOR COLLATERAL SOURCE INFORMATION
Defendants hereby demands that Plaintiff serve upon the undersigned a statement
as to whether any part of the cost of medical care, dental care, custodial care, rehabilitation
services, loss of earnings, or other economic loss sought to be recovered herein, was replaced or
indemnified, in whole or in part, from any collateral source, such as insurance, social security
(except those benefits provided under Title 18 of the Social Security Act), workers’ compensation,
or employee benefit programs and, if so, the full name and address of each organization or program
(and policy or other identifying number, if applicable) providing such replacement or
indemnification, together with an itemized statement of the amount of each such item of economic
loss that was replaced or indemnified by each such organization or program.
Defendants also demand that Plaintiff provide the name and address (and policy or
other identifying number, if applicable) and statement of itemization of each such organization or
program to which a claim for reimbursement has been made but not yet been paid or with regard
to which Plaintiff reasonably anticipates in the future making a claim for reimbursement.
Defendants demand that Plaintiff provide duly executed and properly addressed
original authorizations permitting the undersigned to obtain any records reflecting any collateral
source payment identified in response to the foregoing demand.
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DEMAND FOR MEDICAL INFORMATION
Defendants hereby demand that Plaintiff produce the following:
a. The names and addresses of all physicians, dentists, radiologists,
pharmacies, hospitals, clinics, ambulance providers and other health care providers of every
description who have consulted, examined or treated Plaintiff for any condition allegedly caused
by, or exacerbated by, the accident alleged in the complaint and the date of such treatment or
examination.
b. Copies of all medical and dental reports, billing records, ambulance records
and pharmaceutical records in Plaintiff’s possession received from the providers identified in (a)
above.
c. HIPAA-compliant authorizations permitting Defendants to obtain full and
complete records from each of the physicians, dentists, pharmacies, clinics, ambulance providers
and other health care providers referenced in paragraph (a) above.
DEMAND FOR LOST WAGES RECORDS
If Plaintiff is asserting a past or future lost wages claim, Defendants demand that
Plaintiff produce duly executed authorizations for Plaintiff’s federal and state income tax returns,
W2 forms and other tax-related records that were filed from 2014 to present, any other documents
in Plaintiff’s possession that establish or prove the amount of Plaintiff’s income from 2014 to
present, and an executed authorization permitting Defendants to obtain Plaintiff’s complete
employment files, including payroll information, from each of Plaintiff’s employers from 2014 to
present.
7 of 11
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DEMAND FOR DOCUMENTS TO EACH CO-DEFENDANT
Defendants hereby demand that each Co-Defendant produce the following pursuant
to CPLR Article 31:
a) Full and complete copies of each primary, excess, and umbrella insurance
policy that may provide coverage in this lawsuit, including but not limited to XL Insurance
America Inc. and/or National Union Fire Ins. Co. Pitts, PA., irrespective of whether Co-Defendant
filed a claim for such coverage, and each policy from which an insurance company has denied
coverage for this lawsuit.
b) Full and complete copies of the lease and/or sublease T-MOBILE USA,
INC. and/or Omnipoint Communications, Inc. entered into with 315 Seventh Retail LLC and/or
Nurture Nature Foundation for the premises at 315 7th Avenue, New York, New York with all
referenced exhibits.
c) Full and complete copies of the facilities service agreement, housekeeping,
and/or maintenance contract entered into by T-MOBILE USA, INC. and/or Omnipoint
Communications, Inc. for the premises at 315 7th Avenue, New York, New York with all
referenced exhibits.
d) Full and complete copies of T-MOBILE USA, INC. and/or Omnipoint
Communications, Inc. submissions to its lessor and/or any other parties related to its use or
installation of signage at the premises at 315 7th Avenue, New York, New York with all referenced
exhibits.
e) Full and complete copies of invoices, receipts, and contracts entered into
with “Triangle Sign & Service” related to the usage, installation, and/or maintenance of signage at
the premises at 315 7th Avenue, New York, New York with all referenced exhibits.
8 of 11
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f) Full and complete copies of any documents arising from, or in any way
related to Plaintiff’s alleged accident.
g) Full and complete copies of all communications regarding complaints,
maintenance, routine inspection, and routine maintenance in relation to signage at 315 7th Avenue,
New York, New York.
h) Full and complete copies of all video recordings, audio recordings, and/or
photographs with regard to the Plaintiff’s alleged accident that is the subject of the within action.
i) Copies of all accident/incident reports prepared by Co-Defendant with
regard to the Plaintiff’s alleged accident that is the subject of the within action.
j) Full and complete copies of all documents pertaining to the installation,
inspection, maintenance, repair, replacement, and complaints about, the sign and sign frame that
were allegedly involved in Plaintiff’s accident, including, but not limited to, all contracts,
proposals, invoices, requests for payment, insurance certificates, notes, reports, logs, photos,
videos, drawings, shop drawings, change order, emails, letters, memoranda, meeting minutes, etc.
PLEASE TAKE NOTICE that responses to these demands must be delivered to
the undersigned within 30 days.
PLEASE TAKE FURTHER NOTICE that these are all continuing demands and
should any of the information requested become available to or known in the future, then you are
required to furnish same at such time.
9 of 11
FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with
these demands, Defendants will make an application to strike your pleadings and to preclude
Plaintiff and/or Co-Defendants from offering any evidence at trial or in opposition to, or in support
of, any motion in this matter.
Dated: New York, New York
October 4, 2021
SJOQUIST & BAER
By: William C. Neves
Attorneys for Defendants
Maxwell-Kates, Inc. and
The 315 Seventh Avenue Condominium
757 Third Avenue, Tenth Floor
New York, New York 10017
(212) 227-1735
10 of 11
FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
STEVEN JIMENEZ,
Index No.: 153982/2021
Plaintiff,
- against -
MAXWELL KATES, INC., 315 SEVENTH AVENUE
RESIDENTIAL, L.L.C., THE 315 SEVENTH
AVENUE CONDOMINIUM and T-MOBILE USA,
INC.,
Defendants.
---------------------------------------------------------------x
NOTICE OF DEPOSITIONS
COMBINED DISCOVERY DEMANDS
SJOQUIST & BAER
Attorneys for Defendants
Maxwell-Kates, Inc. and
The 315 Seventh Avenue Condominium
757 Third Avenue, Tenth Floor
New York, New York 10017
(212) 227-1735
11 of 11
Preview
FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x STEVEN JIMENEZ, Index No.: 153982/2021 Plaintiff, - against - MAXWELL KATES, INC., 315 SEVENTH AVENUE RESIDENTIAL, L.L.C., THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC., Defendants. ---------------------------------------------------------------x CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a. NOTICE OF DEPOSITIONS COMBINED DISCOVERY DEMANDS Dated: New York, New York October 4, 2021 SJOQUIST & BAER ____________________________ By: William C. Neves Attorneys for Defendants Maxwell-Kates, Inc. and The 315 Seventh Avenue Condominium 757 Third Avenue, Tenth Floor New York, New York 10017 (212) 227-1735 To: All parties via NYSCEF 1 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x STEVEN JIMENEZ, Index No.: 153982/2021 Plaintiff, NOTICE OF DEPOSITION - against - MAXWELL KATES, INC., 315 SEVENTH AVENUE RESIDENTIAL, L.L.C., THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC., Defendants. ---------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules Article 31, the undersigned will take on the 8th day of January 2022, at 10:00 a.m. at the offices of the undersigned, the oral deposition of Plaintiff and each Co-Defendant, and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation. Defendants reserve the right to use electronic audio and visual means to record said examinations in conjunction with, or instead of, stenographic recordings pursuant to applicable court rules. PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the testimony, Plaintiff and Co-Defendants are required to produce any and all documents, reports, and/or records which may be used by Plaintiff or Co-Defendant so testifying to refresh their recollection as to the matters hereinabove set forth. 2 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 Dated: New York, New York October 4, 2021 SJOQUIST & BAER By: William C. Neves Attorneys for Defendants Maxwell-Kates, Inc. and The 315 Seventh Avenue Condominium 757 Third Avenue, Tenth Floor New York, New York 10017 (212) 227-1735 3 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x STEVEN JIMENEZ, Index No.: 153982/2021 Plaintiff, COMBINED - against - DISCOVERY DEMANDS MAXWELL KATES, INC., 315 SEVENTH AVENUE RESIDENTIAL, L.L.C., THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC., Defendants. ---------------------------------------------------------------x DEMAND FOR AUTHORIZATIONS Defendants hereby demand that Plaintiff produce, pursuant to CPLR Article 31, HIPAA-compliant, fully executed written authorizations permitting Defendants to obtain all ambulance, pharmaceutical, hospital (including any ambulance and emergency room records, etc.) and treating physicians’, dentists’ or mental health professionals’ medical and dental records and reports including dates of treatment, etc. relating to any physical or emotional injuries that Plaintiff sustained as a result of the accident alleged in the complaint. DEMAND FOR OPPOSING PARTY STATEMENTS Defendants hereby demand that Plaintiff and Co-Defendants produce, pursuant to CPLR Rules 3101(e) and 3120, and permit Defendants to discover, inspect, copy and photograph any signed statement, unsigned statement, or copy of any recorded statement or document made by, or taken from, Defendants, any agent, servant or employee of Defendants, or any other relevant witness or witness that Plaintiff or Co-Defendants may call at a deposition or trial in this matter. 4 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 DEMAND FOR EXPERT WITNESS DISCLOSURE Defendants hereby demand that Plaintiff and Co-Defendants 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 expected to testify. c. The substance of the facts and opinions on which each expert is expected to testify. d. The qualification of each expert witness. e. A summary of the grounds for each expert’s opinion. DEMAND FOR PHOTOGRAPHS/VIDEO Defendants hereby demand that Plaintiff and Co-Defendants produce, pursuant to CPLR 3120, and permit Defendants to discover and inspect, copy and photograph all photographs and/or video in any form showing any of incidents alleged in the complaint, the location of the alleged incidents that led to Plaintiff’s alleged injury, any relevant condition or damage at the accident location, the alleged injuries sustained by Plaintiff, and anything else that is relevant to this litigation. DEMAND FOR INCIDENT REPORTS and DOCUMENTS Defendants hereby demand that Plaintiff and Co-Defendants produce full and complete copies of all incident, accident, police, or professional reports or any other document concerning, or arising from, the accident alleged in the complaint or Plaintiff’s alleged injuries from said accident. 5 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 DEMAND FOR NAMES AND ADDRESSES OF WITNESSES Defendants hereby demand that Plaintiff and Co-Defendants set forth in writing the names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to any of the incidents alleged in the complaint, to Plaintiff’s alleged injury from any such incident, or to any other matter relevant to Plaintiff’s claims in this action. DEMAND FOR COLLATERAL SOURCE INFORMATION Defendants hereby demands that Plaintiff serve upon the undersigned a statement as to whether any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein, was replaced or indemnified, in whole or in part, from any collateral source, such as insurance, social security (except those benefits provided under Title 18 of the Social Security Act), workers’ compensation, or employee benefit programs and, if so, the full name and address of each organization or program (and policy or other identifying number, if applicable) providing such replacement or indemnification, together with an itemized statement of the amount of each such item of economic loss that was replaced or indemnified by each such organization or program. Defendants also demand that Plaintiff provide the name and address (and policy or other identifying number, if applicable) and statement of itemization of each such organization or program to which a claim for reimbursement has been made but not yet been paid or with regard to which Plaintiff reasonably anticipates in the future making a claim for reimbursement. Defendants demand that Plaintiff provide duly executed and properly addressed original authorizations permitting the undersigned to obtain any records reflecting any collateral source payment identified in response to the foregoing demand. 6 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 DEMAND FOR MEDICAL INFORMATION Defendants hereby demand that Plaintiff produce the following: a. The names and addresses of all physicians, dentists, radiologists, pharmacies, hospitals, clinics, ambulance providers and other health care providers of every description who have consulted, examined or treated Plaintiff for any condition allegedly caused by, or exacerbated by, the accident alleged in the complaint and the date of such treatment or examination. b. Copies of all medical and dental reports, billing records, ambulance records and pharmaceutical records in Plaintiff’s possession received from the providers identified in (a) above. c. HIPAA-compliant authorizations permitting Defendants to obtain full and complete records from each of the physicians, dentists, pharmacies, clinics, ambulance providers and other health care providers referenced in paragraph (a) above. DEMAND FOR LOST WAGES RECORDS If Plaintiff is asserting a past or future lost wages claim, Defendants demand that Plaintiff produce duly executed authorizations for Plaintiff’s federal and state income tax returns, W2 forms and other tax-related records that were filed from 2014 to present, any other documents in Plaintiff’s possession that establish or prove the amount of Plaintiff’s income from 2014 to present, and an executed authorization permitting Defendants to obtain Plaintiff’s complete employment files, including payroll information, from each of Plaintiff’s employers from 2014 to present. 7 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 DEMAND FOR DOCUMENTS TO EACH CO-DEFENDANT Defendants hereby demand that each Co-Defendant produce the following pursuant to CPLR Article 31: a) Full and complete copies of each primary, excess, and umbrella insurance policy that may provide coverage in this lawsuit, including but not limited to XL Insurance America Inc. and/or National Union Fire Ins. Co. Pitts, PA., irrespective of whether Co-Defendant filed a claim for such coverage, and each policy from which an insurance company has denied coverage for this lawsuit. b) Full and complete copies of the lease and/or sublease T-MOBILE USA, INC. and/or Omnipoint Communications, Inc. entered into with 315 Seventh Retail LLC and/or Nurture Nature Foundation for the premises at 315 7th Avenue, New York, New York with all referenced exhibits. c) Full and complete copies of the facilities service agreement, housekeeping, and/or maintenance contract entered into by T-MOBILE USA, INC. and/or Omnipoint Communications, Inc. for the premises at 315 7th Avenue, New York, New York with all referenced exhibits. d) Full and complete copies of T-MOBILE USA, INC. and/or Omnipoint Communications, Inc. submissions to its lessor and/or any other parties related to its use or installation of signage at the premises at 315 7th Avenue, New York, New York with all referenced exhibits. e) Full and complete copies of invoices, receipts, and contracts entered into with “Triangle Sign & Service” related to the usage, installation, and/or maintenance of signage at the premises at 315 7th Avenue, New York, New York with all referenced exhibits. 8 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 f) Full and complete copies of any documents arising from, or in any way related to Plaintiff’s alleged accident. g) Full and complete copies of all communications regarding complaints, maintenance, routine inspection, and routine maintenance in relation to signage at 315 7th Avenue, New York, New York. h) Full and complete copies of all video recordings, audio recordings, and/or photographs with regard to the Plaintiff’s alleged accident that is the subject of the within action. i) Copies of all accident/incident reports prepared by Co-Defendant with regard to the Plaintiff’s alleged accident that is the subject of the within action. j) Full and complete copies of all documents pertaining to the installation, inspection, maintenance, repair, replacement, and complaints about, the sign and sign frame that were allegedly involved in Plaintiff’s accident, including, but not limited to, all contracts, proposals, invoices, requests for payment, insurance certificates, notes, reports, logs, photos, videos, drawings, shop drawings, change order, emails, letters, memoranda, meeting minutes, etc. PLEASE TAKE NOTICE that responses to these demands must be delivered to the undersigned within 30 days. PLEASE TAKE FURTHER NOTICE that these are all continuing demands and should any of the information requested become available to or known in the future, then you are required to furnish same at such time. 9 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 PLEASE TAKE FURTHER NOTICE that upon your failure to comply with these demands, Defendants will make an application to strike your pleadings and to preclude Plaintiff and/or Co-Defendants from offering any evidence at trial or in opposition to, or in support of, any motion in this matter. Dated: New York, New York October 4, 2021 SJOQUIST & BAER By: William C. Neves Attorneys for Defendants Maxwell-Kates, Inc. and The 315 Seventh Avenue Condominium 757 Third Avenue, Tenth Floor New York, New York 10017 (212) 227-1735 10 of 11 FILED: NEW YORK COUNTY CLERK 10/04/2021 03:40 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x STEVEN JIMENEZ, Index No.: 153982/2021 Plaintiff, - against - MAXWELL KATES, INC., 315 SEVENTH AVENUE RESIDENTIAL, L.L.C., THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC., Defendants. ---------------------------------------------------------------x NOTICE OF DEPOSITIONS COMBINED DISCOVERY DEMANDS SJOQUIST & BAER Attorneys for Defendants Maxwell-Kates, Inc. and The 315 Seventh Avenue Condominium 757 Third Avenue, Tenth Floor New York, New York 10017 (212) 227-1735 11 of 11