Preview
FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------X
326 21ST STREET LLC,
COMBINED
Plaintiff, DISCOVERY
DEMANDS
-against-
Index No. 514069/2019
328 21 ST LLC, NYB BUILDERS INC.,
and REGAL RECONSTRUCTION CORP,
Defendants.
-----------------------------------------X
NYB BUILDERS INC.,
Third-Party Plaintiff,
-against-
ZUMBA’S BUILDERS INC.
Third-Party Defendant.
-----------------------------------------X
328 21 ST LLC,
Second Third-Party Plaintiff,
-against-
INFO OF ENGINEERING, P.C., and
BAYROCK INSURANCE AGENCY.
Second Third-Party Defendant.
-----------------------------------------X
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
Attorneys for Defendant/Third-Party
Defendant Zumbas Builders, Inc.
150 East 42nd Street
New York, New York 10017
(212) 490-3000
Sasha.grandison@wilsonelser.com
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PLEASE TAKE NOTICE, that defendant/third-party plaintiff NYB Builders Inc.,
by its attorneys, LONDON FISCHER LLP, hereby makes the following discovery demands of
Zumba’s Builders, Inc. pursuant to Article 31 of the Civil Practice Law and Rules (“CPLR”). The
following demands are returnable at the office of the undersigned within thirty (30) days of service
of these demands.
1. DEMAND FOR NAMES AND ADDRESSES OF PARTIES
PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, you are required to
furnish the names and addresses of each party and attorney appearing in this action.
2. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(a), you are required to
set forth in writing 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 Verified Complaint;
b. Any acts, omissions or conditions which allegedly caused the
occurrence alleged in the Verified Complaint;
c. Any actual or constructive notice allegedly given to defendant or
any employee thereof, of any condition which allegedly caused
the occurrence alleged in the Verified Complaint;
d. The nature and duration of any alleged condition which
allegedly caused the occurrence alleged in the Verified
Complaint; and
e. The nature and extent of the injuries and damages which
Plaintiffs allege were caused by the occurrence alleged in the
Verified Complaint.
If no such witnesses are known, so state in the response to this Demand. The
undersigned will object at trial to the testimony of any witnesses not so identified.
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3. DEMAND FOR PHOTOGRAPHS
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR § 3101, you are required to furnish photographs of the scene of the incident which is the
subject of this litigation, photographs of the instrumentalities involved in such litigation,
photographs depicting Plaintiff’s injuries and/or damages and all other photographs which you will
seek to introduce into evidence at any trial of this action. If no such photographs are in the
possession, custody or control of any parties you represent in this action, so state in reply to this
Demand.
4. DEMAND FOR STATEMENTS OF A PARTY
REPRESENTED BY THE UNDERSIGNED
PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(e) and § 3120, you are
required to furnish a copy of each and every statement signed or unsigned, or any recorded
statement made by or taken from each such party and his, her or its agents, servants or employees
now in your possession, custody or control, or in the possession, custody or control of any party you
represent in this action, if such statement in any manner bears on the issues in this action. If no such
statement is in the possession, custody or control of any parties you represent in this action, so state
in the response to this Demand.
5. DEMAND FOR WRITTEN REPORTS
INCLUDING POLICE REPORTS
PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(g), you are required to
produce and allow the inspection of any written reports concerning the incident 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; also, demand is made for the
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NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021
inspection of any report prepared by any government, municipal, city or police agency concerning
the incident which is the subject matter of this lawsuit.
6. DEMAND FOR IDENTIFICATION OF
EXPERT WITNESSES AND INFORMATION
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR § 3101(d), you are required to identify each person whom you expect to call as an expert
witness at trial and to provide the following information with respect to each expert witness:
a. The name, street address and curriculum vitae of each
expert;
b. 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 qualifications of each expert witness;
e. A summary of the grounds for each expert’s opinion;
f. A copy of all publications of each expert as it pertains to
the anticipated subject matter on which such expert
testimony will be offered; and
g. Captions, index numbers and service riders for all actions in
which each expert has rendered expert testimony, at a
deposition and/or trial, during the past ten (10) years.
The undersigned will object at trial to the testimony of any expert witness not so
identified and will use your failure to fully respond to this demand against each party you represent
at trial.
7. DEMAND FOR COPIES OF PLEADINGS
AND DISCOVERY IN RELATED CASES
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are
hereby required to furnish the undersigned with all index numbers, case names, copies of each
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and every pleading, disclosure notice and reply thereto, notice or motion papers together with all
supporting affidavits or affirmations and replies or sur-replies, all deposition transcripts and
exhibits identified therein, interrogatories and answers thereto, and all other documents related to
all actions based upon the same or similar facts and circumstances which form the basis for this
litigation.
8. DEMAND FOR INSURANCE INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(f), the undersigned
demands that you provide the following information:
a. Name and address of all insurance carriers providing
coverage, primary and excess, for this lawsuit;
b. The policy number(s);
c. The amount of coverage under each policy available to cover
the claims raised in the above-captioned lawsuit;
d. The amount of excess coverage under each policy, and if
none, so state; and
e. A copy of all insurance policies identified in response to item
10 above.
PLEASE TAKE NOTICE, that you are required to respond to each and every
Demand herein. In the event you cannot respond or do not possess such information you are
required to state so affirmatively together with an explanation for such.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon the
trial of this action to the receipt in evidence of any part of said records not made available pursuant
to these Demands.
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FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing Demands
and that if any of the above items are obtained after the return date of this Demand, they are to be
furnished to the undersigned pursuant to these Demands.
Dated: New York, New York
March 10, 2021
LONDON FISCHER LLP
/s/ Cory A. Simmons
By: _________________________________
Cory A. Simmons, Esq.
Attorneys for Defendant
NYB Builders Inc.
59 Maiden Lane
New York, New York 10038
(212) 972-1000
TO:
Jacob Levine, Esq.
LERNER, ARNOLD & WINSTON LLP
Attorneys for Plaintiff
475 Park Avenue South
28th Floor
New York, New York 10016
(212) 686-4655
Jason J. Lavery, Esq.
KOSTER, BRADY & NAGLER, LLP
Attorneys for Defendant
328 21st LLC
One Whitehall Street – 10th Floor
New York, New York 10004
(212) 248-8800
Frank A. Cecere, Esq.
AHMUTY DEMERS & MCMANUS
Attorney for Defendant
Regal Reconstruction Corp.
200 I.U. Willets Road
Albertson, New York 11507
(516) 535-2401
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NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021
Sasha Grandison, Esq.
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
Attorneys for Defendant/Third-Party
Defendant Zumbas Builders, Inc.
150 East 42nd Street
New York, New York 10017
(212) 490-3000
Sasha.grandison@wilsonelser.com
Kevin J. O’Neill, Esq.
BYRNE & O’NEILL, LLP
Attorneys for Second Third-Party
Defendant Info of Engineering, P.C.
11 Broadway, Suite 910
New York, New York 10004
(212) 422-9424
kjo@bonlaw.com
Laleh Hawa, Esq.
COX, PADMORE, SKOLNIK & SHAKARCHY LLP
Attorneys for Second Third-Party Defendant
Bayrock Insurance Agency
630 Third Avenue, 23rd Floor
New York, New York 10017
(212) 953-6633
hawa@cpsslaw.com
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Preview
FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------X 326 21ST STREET LLC, COMBINED Plaintiff, DISCOVERY DEMANDS -against- Index No. 514069/2019 328 21 ST LLC, NYB BUILDERS INC., and REGAL RECONSTRUCTION CORP, Defendants. -----------------------------------------X NYB BUILDERS INC., Third-Party Plaintiff, -against- ZUMBA’S BUILDERS INC. Third-Party Defendant. -----------------------------------------X 328 21 ST LLC, Second Third-Party Plaintiff, -against- INFO OF ENGINEERING, P.C., and BAYROCK INSURANCE AGENCY. Second Third-Party Defendant. -----------------------------------------X WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendant/Third-Party Defendant Zumbas Builders, Inc. 150 East 42nd Street New York, New York 10017 (212) 490-3000 Sasha.grandison@wilsonelser.com {N1847608.1 } 1 1 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 PLEASE TAKE NOTICE, that defendant/third-party plaintiff NYB Builders Inc., by its attorneys, LONDON FISCHER LLP, hereby makes the following discovery demands of Zumba’s Builders, Inc. pursuant to Article 31 of the Civil Practice Law and Rules (“CPLR”). The following demands are returnable at the office of the undersigned within thirty (30) days of service of these demands. 1. DEMAND FOR NAMES AND ADDRESSES OF PARTIES PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, you are required to furnish the names and addresses of each party and attorney appearing in this action. 2. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(a), you are required to set forth in writing 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 Verified Complaint; b. Any acts, omissions or conditions which allegedly caused the occurrence alleged in the Verified Complaint; c. Any actual or constructive notice allegedly given to defendant or any employee thereof, of any condition which allegedly caused the occurrence alleged in the Verified Complaint; d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Verified Complaint; and e. The nature and extent of the injuries and damages which Plaintiffs allege were caused by the occurrence alleged in the Verified Complaint. If no such witnesses are known, so state in the response to this Demand. The undersigned will object at trial to the testimony of any witnesses not so identified. {N1847608.1 } 2 2 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 3. DEMAND FOR PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR § 3101, you are required to furnish photographs of the scene of the incident which is the subject of this litigation, photographs of the instrumentalities involved in such litigation, photographs depicting Plaintiff’s injuries and/or damages and all other photographs which you will seek to introduce into evidence at any trial of this action. If no such photographs are in the possession, custody or control of any parties you represent in this action, so state in reply to this Demand. 4. DEMAND FOR STATEMENTS OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(e) and § 3120, you are required to furnish a copy of each and every statement signed or unsigned, or any recorded statement made by or taken from each such party and his, her or its agents, servants or employees now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action, if such statement in any manner bears on the issues in this action. If no such statement is in the possession, custody or control of any parties you represent in this action, so state in the response to this Demand. 5. DEMAND FOR WRITTEN REPORTS INCLUDING POLICE REPORTS PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(g), you are required to produce and allow the inspection of any written reports concerning the incident 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; also, demand is made for the {N1847608.1 } 3 3 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 inspection of any report prepared by any government, municipal, city or police agency concerning the incident which is the subject matter of this lawsuit. 6. DEMAND FOR IDENTIFICATION OF EXPERT WITNESSES AND INFORMATION PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR § 3101(d), you are required to identify each person whom you expect to call as an expert witness at trial and to provide the following information with respect to each expert witness: a. The name, street address and curriculum vitae of each expert; b. 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 qualifications of each expert witness; e. A summary of the grounds for each expert’s opinion; f. A copy of all publications of each expert as it pertains to the anticipated subject matter on which such expert testimony will be offered; and g. Captions, index numbers and service riders for all actions in which each expert has rendered expert testimony, at a deposition and/or trial, during the past ten (10) years. The undersigned will object at trial to the testimony of any expert witness not so identified and will use your failure to fully respond to this demand against each party you represent at trial. 7. DEMAND FOR COPIES OF PLEADINGS AND DISCOVERY IN RELATED CASES PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby required to furnish the undersigned with all index numbers, case names, copies of each {N1847608.1 } 4 4 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 and every pleading, disclosure notice and reply thereto, notice or motion papers together with all supporting affidavits or affirmations and replies or sur-replies, all deposition transcripts and exhibits identified therein, interrogatories and answers thereto, and all other documents related to all actions based upon the same or similar facts and circumstances which form the basis for this litigation. 8. DEMAND FOR INSURANCE INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR 3101(f), the undersigned demands that you provide the following information: a. Name and address of all insurance carriers providing coverage, primary and excess, for this lawsuit; b. The policy number(s); c. The amount of coverage under each policy available to cover the claims raised in the above-captioned lawsuit; d. The amount of excess coverage under each policy, and if none, so state; and e. A copy of all insurance policies identified in response to item 10 above. PLEASE TAKE NOTICE, that you are required to respond to each and every Demand herein. In the event you cannot respond or do not possess such information you are required to state so affirmatively together with an explanation for such. PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon the trial of this action to the receipt in evidence of any part of said records not made available pursuant to these Demands. {N1847608.1 } 5 5 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing Demands and that if any of the above items are obtained after the return date of this Demand, they are to be furnished to the undersigned pursuant to these Demands. Dated: New York, New York March 10, 2021 LONDON FISCHER LLP /s/ Cory A. Simmons By: _________________________________ Cory A. Simmons, Esq. Attorneys for Defendant NYB Builders Inc. 59 Maiden Lane New York, New York 10038 (212) 972-1000 TO: Jacob Levine, Esq. LERNER, ARNOLD & WINSTON LLP Attorneys for Plaintiff 475 Park Avenue South 28th Floor New York, New York 10016 (212) 686-4655 Jason J. Lavery, Esq. KOSTER, BRADY & NAGLER, LLP Attorneys for Defendant 328 21st LLC One Whitehall Street – 10th Floor New York, New York 10004 (212) 248-8800 Frank A. Cecere, Esq. AHMUTY DEMERS & MCMANUS Attorney for Defendant Regal Reconstruction Corp. 200 I.U. Willets Road Albertson, New York 11507 (516) 535-2401 {N1847608.1 } 6 6 of 7 FILED: KINGS COUNTY CLERK 03/10/2021 12:14 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 03/10/2021 Sasha Grandison, Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendant/Third-Party Defendant Zumbas Builders, Inc. 150 East 42nd Street New York, New York 10017 (212) 490-3000 Sasha.grandison@wilsonelser.com Kevin J. O’Neill, Esq. BYRNE & O’NEILL, LLP Attorneys for Second Third-Party Defendant Info of Engineering, P.C. 11 Broadway, Suite 910 New York, New York 10004 (212) 422-9424 kjo@bonlaw.com Laleh Hawa, Esq. COX, PADMORE, SKOLNIK & SHAKARCHY LLP Attorneys for Second Third-Party Defendant Bayrock Insurance Agency 630 Third Avenue, 23rd Floor New York, New York 10017 (212) 953-6633 hawa@cpsslaw.com {N1847608.1 } 7 7 of 7