Preview
FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020
OUR FILE: 960.172530
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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326 21st STREET LLC,
Plaintiff, DEMAND FOR
STATEMENTS
-against-
328 21 ST LLC, NYB BUILDERS INC.,
REGAL RECONSTRUCTION CORP. and
ZUMBAS BUILDERS, INC.,
Defendants.
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NYB BUILDERS, INC.,
Third-Party Plaintiff,
-against-
ZUMBA’S BUILDERS, INC.
Third-Party Defendant
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328 21 ST LLC,
Second Third-Party Plaintiff,
-against-
INFO OF ENGINEERING, P.C., and
BAYROCK INSURANCE AGENCY
Second Third-Party Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101, et seq. the
defendant named below hereby demands that Second Third-Party Defendant INFO OF
ENGINEERING, P.C. produce at the office of the undersigned attorney, within twenty (20)
from your receipt of this notice:
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FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020
1. Copies of any written statement, audiotaped or videotaped statement and
the substance of any non-written statement made by or on behalf of 328 21ST LLC.
2. Copies of any written statement, audiotaped or videotaped statement and
the substance of any non-written statement made by or on behalf of any party to this
action.
3. Copies of all emails, correspondence, bills, insurance records and all other
written materials received by the Info of Engineering, P.C., In Focus Consulting, Inc. or
their representatives from the defendant or any of its principals including, but not limited
to, Diane Kramer, Michael Kramer, Einav Makover or David Fogel, before the
commencement of this action.
4. Copies of all emails, correspondence, bills, insurance records and all other
written materials purportedly authored by or on behalf of the defendant, 328 21st LLC or
any of its principals including, but not limited to, Diane Kramer, Michael Kramer, Einav
Makover or David Fogel in the possession of Info of Engineering, P.C., In Focus
Consulting, Inc. or their representatives before the commencement of this action.
5. Copies of any photographs received by Info of Engineering, P.C., In Focus
Consulting, Inc. or their attorneys, agents or representatives, from 328 21st LLC or any of
its principals including, but not limited to, Diane Kramer, Michael Kramer, Einav Makover
or David Fogel, or from any agent, servant or employee of any said defendant.
6. Copies of any photographs and video images (regardless of method of
capture or preservation) in the possession of Info of Engineering, P.C., In Focus
Consulting, Inc. or their counsel depicting the property at 326 or 328 21st Street Brooklyn,
New York.
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FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020
IT IS FUTHER DEMANDED that said demanding defendant, or the undersigned
attorneys acting on behalf of said defendant, be permitted to inspect and copy such
statement and writing, recording and/or photograph.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply
with this notice, the undersigned defendant/second third-party plaintiff will move to
preclude the second third-party defendant from introducing into evidence any testimony
of persons making such statement and from otherwise using each aforementioned
statement and writing and/or photograph for any purpose whatsoever, upon the trialof
this action.
Dated: New York, New York
December 21, 2020
Yours, etc.
KOSTER, BRADY & NAGLER, LLP
____Jason J. Lavery
By: JASON J. LAVERY
Attorneys for Defendant
328 21 ST LLC.
One Whitehall Street, 10th Floor
New York, New York 10004
(212) 248-8800
TO: (via NYSCEF)
LERNER, ARNOLD & WINSTON, LLP
Jacob L. Levine
Attorneys for Plaintiff
475 Park Avenue South, 28th Floor
New York, New York 10016
212-686-4655
jlevine@lawpartnersllp.com
LONDON FISCHER, LLP
Attorneys for Defendant
NYB Builders, Inc.
59 Maiden Lane
New York, New York 10038
(212) 972-1000
csimmons@londonfischer.com
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FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020
AHMUTY DEMERS & MCMANUS
Attorneys for Defendant
REGAL RECONSTRUCTION CORP.
200 I.U. Willets Road
Albertson, NY 11507
(516) 294-5433
Susan.mauro@admlaw.com
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
Attorneys for Defendant/
Third-Party Defendant
ZUMBA’S BUILDERS, INC.
150 East 42nd Street
New York, New York 10017
(212) 490-3000
sasha.grandison@wilsonelser.com
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
BAY ROCK INSURANCE AGENCY
Second Third-Party Defendant
c/o COX PADMORE SKOLNIK & SHAKARCHY LLP
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 12/21/2020 10:12 AM INDEX NO. 514069/2019 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020 OUR FILE: 960.172530 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------X Index No.: 514069/2019 326 21st STREET LLC, Plaintiff, DEMAND FOR STATEMENTS -against- 328 21 ST LLC, NYB BUILDERS INC., REGAL RECONSTRUCTION CORP. and ZUMBAS BUILDERS, INC., 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 Defendants. -------------------------------------------------------------------------- COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101, et seq. the defendant named below hereby demands that Second Third-Party Defendant INFO OF ENGINEERING, P.C. produce at the office of the undersigned attorney, within twenty (20) from your receipt of this notice: 1 1 of 4 FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020 1. Copies of any written statement, audiotaped or videotaped statement and the substance of any non-written statement made by or on behalf of 328 21ST LLC. 2. Copies of any written statement, audiotaped or videotaped statement and the substance of any non-written statement made by or on behalf of any party to this action. 3. Copies of all emails, correspondence, bills, insurance records and all other written materials received by the Info of Engineering, P.C., In Focus Consulting, Inc. or their representatives from the defendant or any of its principals including, but not limited to, Diane Kramer, Michael Kramer, Einav Makover or David Fogel, before the commencement of this action. 4. Copies of all emails, correspondence, bills, insurance records and all other written materials purportedly authored by or on behalf of the defendant, 328 21st LLC or any of its principals including, but not limited to, Diane Kramer, Michael Kramer, Einav Makover or David Fogel in the possession of Info of Engineering, P.C., In Focus Consulting, Inc. or their representatives before the commencement of this action. 5. Copies of any photographs received by Info of Engineering, P.C., In Focus Consulting, Inc. or their attorneys, agents or representatives, from 328 21st LLC or any of its principals including, but not limited to, Diane Kramer, Michael Kramer, Einav Makover or David Fogel, or from any agent, servant or employee of any said defendant. 6. Copies of any photographs and video images (regardless of method of capture or preservation) in the possession of Info of Engineering, P.C., In Focus Consulting, Inc. or their counsel depicting the property at 326 or 328 21st Street Brooklyn, New York. 2 2 of 4 FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020 IT IS FUTHER DEMANDED that said demanding defendant, or the undersigned attorneys acting on behalf of said defendant, be permitted to inspect and copy such statement and writing, recording and/or photograph. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this notice, the undersigned defendant/second third-party plaintiff will move to preclude the second third-party defendant from introducing into evidence any testimony of persons making such statement and from otherwise using each aforementioned statement and writing and/or photograph for any purpose whatsoever, upon the trialof this action. Dated: New York, New York December 21, 2020 Yours, etc. KOSTER, BRADY & NAGLER, LLP ____Jason J. Lavery By: JASON J. LAVERY Attorneys for Defendant 328 21 ST LLC. One Whitehall Street, 10th Floor New York, New York 10004 (212) 248-8800 TO: (via NYSCEF) LERNER, ARNOLD & WINSTON, LLP Jacob L. Levine Attorneys for Plaintiff 475 Park Avenue South, 28th Floor New York, New York 10016 212-686-4655 jlevine@lawpartnersllp.com LONDON FISCHER, LLP Attorneys for Defendant NYB Builders, Inc. 59 Maiden Lane New York, New York 10038 (212) 972-1000 csimmons@londonfischer.com 3 3 of 4 FILED: KINGS COUNTY CLERK 12/21/2020 10:12 AM INDEX NO. 514069/2019 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 12/21/2020 AHMUTY DEMERS & MCMANUS Attorneys for Defendant REGAL RECONSTRUCTION CORP. 200 I.U. Willets Road Albertson, NY 11507 (516) 294-5433 Susan.mauro@admlaw.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendant/ Third-Party Defendant ZUMBA’S BUILDERS, INC. 150 East 42nd Street New York, New York 10017 (212) 490-3000 sasha.grandison@wilsonelser.com 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 BAY ROCK INSURANCE AGENCY Second Third-Party Defendant c/o COX PADMORE SKOLNIK & SHAKARCHY LLP 630 Third Avenue, 23rd floor New York, New York 10017 (212) 953-6633 hawa@cpsslaw.com 4 4 of 4