Preview
Exhibit “D”
Monday, June 6, 2022 at 11:34:38 Eastern Daylight Time
Subject: Lerner v. McLaughlin, et al. | Index No.: 607333/2020
Date: Monday, February 8, 2021 at 4:22:13 PM Eastern Standard Time
From: YveLe Pagan
To: sgoetz@oysterbay-ny.gov, triallaw@optonline.net
CC: LernervMcLaughlinZ7038417@projects.filevine.com, KaVe Lee Wright
AHachments: image001.jpg
Dear Counselors:
Please accept NoVce of Discovery and InspecVon dated February 8, 2021 provided via the link below sent on behalf
of KaVe Lee Wright.
The document, "21.2.8 Discovery Demand- Co-Defendants.pdf," has been shared with you on Filevine:
hLps://filev.io/r/s/161adeZCUCL3e2i666kLb4THJocWmTzdMGZJJGWEQrJJYmI8M3yFRFHk
Regards,
UnVl further noVce, due to office closures/remote work and other protocols enacted to address the spread of COVID-19, all
pleadings, noVces, correspondence and other documents from our firm will be served only via efile or email. We request all
documents, except those that must contain original and genuine signatures, be served via email directed to the handling
aLorney and not via regular mail to our offices. Should you have any quesVons or concerns regarding this request, please
contact the undersigned via email.
YveHe Pagan-OrMz
90 Broad Street I 12th Floor I New York, NY 10004
Direct Dial: 646-695-1741
ypagan@gvlaw.com | www.gvlaw.com
Page 1 of 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------------------------------------x
MARIA LERNER and KEITH LERNER, Index No.: 607333/2020
Plaintiff, NOTICE OF DISCOVERY
AND INSPECTION
- against -
SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY,
LINCOLN D. ELLIOT and STRICKLY SUFFOLK, INC.,
Defendants.
-------------------------------------------------------------------x
PLEASE TAKE NOTICE that pursuant Article 31 of the CPLR, the defendants SEAN
A. MCLAUGHLIN and TOWN OF OYSTER BAY or their attorney are required to serve within
thirty (30) days after receipt of this notice the following:
DEMAND FOR SOCIAL MEDIA INFORMATION
Defendants hereby demand that Defendants McLaughlin and Town of Oyster Bay produce,
pursuant to C.P.L.R. 3101(e) and 3120:
All photographs, comments, videos, timeline posts, likes, or other
media or correspondence (collectively, “content”) contained within
Defendants’ current and historical Facebook, Instagram, MySpace,
Twitter, and other social media pages and accounts, including but
not limited to all deleted pages and related information, for a period
of three years before the accident to present, concerning the
operation of defendants’ vehicle involved in the alleged accident.
Should content responsive to this demand include private or
sensitive materials, such as photographs depicting nudity or
romantic encounters, please furnish a list of such items, with a
description sufficient to determine whether they should be subject
to disclosure.
PLEASE TAKE NOTICE, that Parties to litigation may satisfy party and non-party
discovery requirements relating to their Facebook accounts by producing and authenticating the
content of communications from their accounts and by using Facebook’s “Download Your
Information” tool, which is accessible through the Settings drop down menu.
PLEASE TAKE FURTHER NOTICE, that deleting or deactivating any social media
accounts after receipt of this notice, or in anticipation of litigation, will be considered spoliation
of evidence.
DEMAND FOR OPPOSING PARTY STATEMENTS
Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay produce,
pursuant to C.P.L.R. 3101(e) and 3120, and permits us to discover, inspect, copy and photograph:
(a) Any signed statement, unsigned statement, or copy of any recorded
statement or document made by or taken from Defendant or any
agent, servant or employee of Defendant; or
(b) Any signed statement, unsigned statement, or copy of any recorded
statement or document made by or taken from Defendant or any
agent, servant or employee of Defendant.
DEMAND FOR EXPERT WITNESS DISCLOSURE
Pursuant to Section 3101(d)(1) of the C.P.L.R., defendants McLaughlin and Town of
Oyster Bay are hereby required to 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 AND/OR VIDEO
Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay, pursuant
to C.P.L.R. 3120 and permits us to discover and inspect, copy and photograph the following:
All photographs and/or video in any form, under the control of the
Defendants and/or respective representatives showing the condition
of the place of the accident as it existed at the time of, or following,
the accident herein alleged, the condition of vehicle at the time of
the accident herein alleged, and of any alleged injuries sustained by
the Plaintiff.
DEMAND FOR VEHICLE MAINTENANCE RECORDS
Pursuant to Article 31 of the C.P.L.R., the undersigned Defendants hereby demands that
defendants McLaughlin and Town of Oyster Bay serve the undersigned within thirty (30) days
with copies of all maintenance records for the vehicle involved in the accident herein alleged,
including but not limited to repair records, inspection records, and prior claims against insurance
for three (3) years prior to the date of the accident which is the subject of this litigation.
DEMAND FOR ACCIDENT REPORTS
Pursuant to Article 31 of the C.P.L.R., the undersigned Defendants hereby demands that
defendants Pollard and Hayes serve the undersigned within thirty (30) days with copies of all
accident reports prepared by or in possession of defendants McLaughlin and Town of Oyster Bay
and/or respective agents, employees, or representatives concerning the incident which is the
subject of this litigation.
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay set forth
in writing, under oath, and serve upon us:
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:
(a) the occurrence alleged in the Amended Verified Complaint of this
action; or
(b) any acts, omissions, or conditions which allegedly caused the
occurrence alleged in the Amended Verified Complaint; or
(c) any actual notice allegedly given to Defendant answering herein of
any condition which allegedly caused the occurrence alleged in the
Amended Verified Complaint; or
(d) the nature and duration of any alleged condition which allegedly
caused the occurrence alleged in the Amended Verified Complaint.
DEMAND FOR PRIOR PLEADINGS
Pursuant to CPLR Rule 2103(4)(e), defendants McLaughlin and Town of Oyster Bay are
hereby required to provide the undersigned with the following:
1. A list of those attorneys who have appeared in this action,
together with their addresses and the names of the parties for
whom each such attorney has appeared;
2. Copies of any and all pleadings and discovery demands and
responses thereto served by each such attorney; and
3. Copies of any deposition transcripts and/or 50-h hearing.
DEMAND FOR INSURANCE INFORMATION
Defendants represented by the undersigned demand that defendants McLaughlin and Town
of Oyster Bay produce, pursuant to CPLR 3120 and permits us to discover and inspect, copy and
photograph the following:
a. Each and every primary, contributing and excess insurance
agreement under which any person carrying on an insurance
business may be liable to indemnify any party for part or all of any
loss giving rise to this action or to indemnify or reimburse the
Plaintiff for payments made as a result of said loss and/or for
medical or personal coverage.
b. Each and every insurance agreement in which the insurer is the real
party in interest in this action.
DEMAND FOR CONTRACTS
Pursuant to Article 31 of the CPLR, the undersigned defendants hereby demands within
thirty (30 days) of the service of this notice, defendants McLaughlin and Town of Oyster Bay
furnish the undersigned with copies of all contracts and/or agreements in effect on the date of loss
set forth in the Plaintiff’s Complaint.
DEMAND FOR NO-FAULT INSURANCE AUTHORIZATIONS
Demand is hereby made upon defendants Pollard and Hayes to provide, pursuant to the
applicable rules of this Court, duly executed authorizations to the No-Fault Insurance Carrier to
the undersigned.
PLEASE TAKE NOTICE that such authorizations and/or discovery documents must be
delivered to the undersigned within thirty (30) days from the date of this Notice.
PLEASE TAKE FURTHER NOTICE that failure to comply with these demands will
serve as a basis for a motion to preclude the defendants Pollard and Hayes upon the trial of this
action from offering proof relative to damages if such information, authorization and certificates
are not provided in accordance with these demands.
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.
PLEASE TAKE FURTHER NOTICE that all authorizations are to include proper,
including, but not limited to alternate names/aliases, full addresses, and all necessary identification
numbers, i.e., social security numbers.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with these
demands the party we represent shall make an application to stay all proceedings herein, in addition
to sanctions and other relief to be granted.
Dated: New York, New York
February 8, 2021
Yours etc.,
GALLO VITUCCI KLAR LLP
____________________________
By: Katie Lee Wright, Esq.
Attorneys for Defendants
Lincoln D. Elliot and Strickly Suffolk Inc.
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
File No. PIC-2020-001
To: Via Email:
sgoetz@oysterbay-ny.gov
Assistant Town Attorney Samantha A. Goetz.
Office of Town Attorney, Town of Oyster Bay
Attorneys for Defendants Sean McLaughlin
and Town of Oyster Bay
54 Audrey Avenue
Oyster Bay, New York 11771
(516) 624-6150
CC: triallaw@optonline.net
Law Offices of John J. Guadagno, P.C.
John J. Guadagno, Esq.
Attorneys for Plaintiff
96 East Main Street, 2nd Floor
East Islip, New York 11730
Phone: (631) 224-2796
AFFIDAVIT OF SERVICE BY EMAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Yvette Pagan, being duly sworn, deposes and says that she is not a party to the within
action, is over the age of 18 years and resides in the County of New York, and that on the 8th day
of February, 2021 she served the within NOTICE OF DISCOVERY AND INSPECTION upon
all parties at the e-mail addresses designated by said parties in this matter for that purpose.
Yvette Pagan
Sworn to before me this
8th day of February, 2021
Notary Public
Claudette Garraud
Commissioner of Deeds – City of New York
No. 2-13167
Cert. Filed in New York County
Commission Expires on August, 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 619226/2019
MARIA LERNER and KEITH LERNER,
Plaintiffs,
- against -
SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY,
LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC.
Defendants.
NOTICE OF DISCOVERY AND INSPECTION
GALLO VITUCCI KLAR LLP
Attorneys for Defendants
Lincoln D. Elliott and Strickly Suffolk, Inc.
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
File No.: PIC-2020-001
Preview
Exhibit “D” Monday, June 6, 2022 at 11:34:38 Eastern Daylight Time Subject: Lerner v. McLaughlin, et al. | Index No.: 607333/2020 Date: Monday, February 8, 2021 at 4:22:13 PM Eastern Standard Time From: YveLe Pagan To: sgoetz@oysterbay-ny.gov, triallaw@optonline.net CC: LernervMcLaughlinZ7038417@projects.filevine.com, KaVe Lee Wright AHachments: image001.jpg Dear Counselors: Please accept NoVce of Discovery and InspecVon dated February 8, 2021 provided via the link below sent on behalf of KaVe Lee Wright. The document, "21.2.8 Discovery Demand- Co-Defendants.pdf," has been shared with you on Filevine: hLps://filev.io/r/s/161adeZCUCL3e2i666kLb4THJocWmTzdMGZJJGWEQrJJYmI8M3yFRFHk Regards, UnVl further noVce, due to office closures/remote work and other protocols enacted to address the spread of COVID-19, all pleadings, noVces, correspondence and other documents from our firm will be served only via efile or email. We request all documents, except those that must contain original and genuine signatures, be served via email directed to the handling aLorney and not via regular mail to our offices. Should you have any quesVons or concerns regarding this request, please contact the undersigned via email. YveHe Pagan-OrMz 90 Broad Street I 12th Floor I New York, NY 10004 Direct Dial: 646-695-1741 ypagan@gvlaw.com | www.gvlaw.com Page 1 of 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------x MARIA LERNER and KEITH LERNER, Index No.: 607333/2020 Plaintiff, NOTICE OF DISCOVERY AND INSPECTION - against - SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY, LINCOLN D. ELLIOT and STRICKLY SUFFOLK, INC., Defendants. -------------------------------------------------------------------x PLEASE TAKE NOTICE that pursuant Article 31 of the CPLR, the defendants SEAN A. MCLAUGHLIN and TOWN OF OYSTER BAY or their attorney are required to serve within thirty (30) days after receipt of this notice the following: DEMAND FOR SOCIAL MEDIA INFORMATION Defendants hereby demand that Defendants McLaughlin and Town of Oyster Bay produce, pursuant to C.P.L.R. 3101(e) and 3120: All photographs, comments, videos, timeline posts, likes, or other media or correspondence (collectively, “content”) contained within Defendants’ current and historical Facebook, Instagram, MySpace, Twitter, and other social media pages and accounts, including but not limited to all deleted pages and related information, for a period of three years before the accident to present, concerning the operation of defendants’ vehicle involved in the alleged accident. Should content responsive to this demand include private or sensitive materials, such as photographs depicting nudity or romantic encounters, please furnish a list of such items, with a description sufficient to determine whether they should be subject to disclosure. PLEASE TAKE NOTICE, that Parties to litigation may satisfy party and non-party discovery requirements relating to their Facebook accounts by producing and authenticating the content of communications from their accounts and by using Facebook’s “Download Your Information” tool, which is accessible through the Settings drop down menu. PLEASE TAKE FURTHER NOTICE, that deleting or deactivating any social media accounts after receipt of this notice, or in anticipation of litigation, will be considered spoliation of evidence. DEMAND FOR OPPOSING PARTY STATEMENTS Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay produce, pursuant to C.P.L.R. 3101(e) and 3120, and permits us to discover, inspect, copy and photograph: (a) Any signed statement, unsigned statement, or copy of any recorded statement or document made by or taken from Defendant or any agent, servant or employee of Defendant; or (b) Any signed statement, unsigned statement, or copy of any recorded statement or document made by or taken from Defendant or any agent, servant or employee of Defendant. DEMAND FOR EXPERT WITNESS DISCLOSURE Pursuant to Section 3101(d)(1) of the C.P.L.R., defendants McLaughlin and Town of Oyster Bay are hereby required to 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 AND/OR VIDEO Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay, pursuant to C.P.L.R. 3120 and permits us to discover and inspect, copy and photograph the following: All photographs and/or video in any form, under the control of the Defendants and/or respective representatives showing the condition of the place of the accident as it existed at the time of, or following, the accident herein alleged, the condition of vehicle at the time of the accident herein alleged, and of any alleged injuries sustained by the Plaintiff. DEMAND FOR VEHICLE MAINTENANCE RECORDS Pursuant to Article 31 of the C.P.L.R., the undersigned Defendants hereby demands that defendants McLaughlin and Town of Oyster Bay serve the undersigned within thirty (30) days with copies of all maintenance records for the vehicle involved in the accident herein alleged, including but not limited to repair records, inspection records, and prior claims against insurance for three (3) years prior to the date of the accident which is the subject of this litigation. DEMAND FOR ACCIDENT REPORTS Pursuant to Article 31 of the C.P.L.R., the undersigned Defendants hereby demands that defendants Pollard and Hayes serve the undersigned within thirty (30) days with copies of all accident reports prepared by or in possession of defendants McLaughlin and Town of Oyster Bay and/or respective agents, employees, or representatives concerning the incident which is the subject of this litigation. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES Defendants hereby demand that defendants McLaughlin and Town of Oyster Bay set forth in writing, under oath, and serve upon us: 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: (a) the occurrence alleged in the Amended Verified Complaint of this action; or (b) any acts, omissions, or conditions which allegedly caused the occurrence alleged in the Amended Verified Complaint; or (c) any actual notice allegedly given to Defendant answering herein of any condition which allegedly caused the occurrence alleged in the Amended Verified Complaint; or (d) the nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Amended Verified Complaint. DEMAND FOR PRIOR PLEADINGS Pursuant to CPLR Rule 2103(4)(e), defendants McLaughlin and Town of Oyster Bay are hereby required to provide the undersigned with the following: 1. A list of those attorneys who have appeared in this action, together with their addresses and the names of the parties for whom each such attorney has appeared; 2. Copies of any and all pleadings and discovery demands and responses thereto served by each such attorney; and 3. Copies of any deposition transcripts and/or 50-h hearing. DEMAND FOR INSURANCE INFORMATION Defendants represented by the undersigned demand that defendants McLaughlin and Town of Oyster Bay produce, pursuant to CPLR 3120 and permits us to discover and inspect, copy and photograph the following: a. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to indemnify any party for part or all of any loss giving rise to this action or to indemnify or reimburse the Plaintiff for payments made as a result of said loss and/or for medical or personal coverage. b. Each and every insurance agreement in which the insurer is the real party in interest in this action. DEMAND FOR CONTRACTS Pursuant to Article 31 of the CPLR, the undersigned defendants hereby demands within thirty (30 days) of the service of this notice, defendants McLaughlin and Town of Oyster Bay furnish the undersigned with copies of all contracts and/or agreements in effect on the date of loss set forth in the Plaintiff’s Complaint. DEMAND FOR NO-FAULT INSURANCE AUTHORIZATIONS Demand is hereby made upon defendants Pollard and Hayes to provide, pursuant to the applicable rules of this Court, duly executed authorizations to the No-Fault Insurance Carrier to the undersigned. PLEASE TAKE NOTICE that such authorizations and/or discovery documents must be delivered to the undersigned within thirty (30) days from the date of this Notice. PLEASE TAKE FURTHER NOTICE that failure to comply with these demands will serve as a basis for a motion to preclude the defendants Pollard and Hayes upon the trial of this action from offering proof relative to damages if such information, authorization and certificates are not provided in accordance with these demands. 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. PLEASE TAKE FURTHER NOTICE that all authorizations are to include proper, including, but not limited to alternate names/aliases, full addresses, and all necessary identification numbers, i.e., social security numbers. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with these demands the party we represent shall make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. Dated: New York, New York February 8, 2021 Yours etc., GALLO VITUCCI KLAR LLP ____________________________ By: Katie Lee Wright, Esq. Attorneys for Defendants Lincoln D. Elliot and Strickly Suffolk Inc. 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 File No. PIC-2020-001 To: Via Email: sgoetz@oysterbay-ny.gov Assistant Town Attorney Samantha A. Goetz. Office of Town Attorney, Town of Oyster Bay Attorneys for Defendants Sean McLaughlin and Town of Oyster Bay 54 Audrey Avenue Oyster Bay, New York 11771 (516) 624-6150 CC: triallaw@optonline.net Law Offices of John J. Guadagno, P.C. John J. Guadagno, Esq. Attorneys for Plaintiff 96 East Main Street, 2nd Floor East Islip, New York 11730 Phone: (631) 224-2796 AFFIDAVIT OF SERVICE BY EMAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Yvette Pagan, being duly sworn, deposes and says that she is not a party to the within action, is over the age of 18 years and resides in the County of New York, and that on the 8th day of February, 2021 she served the within NOTICE OF DISCOVERY AND INSPECTION upon all parties at the e-mail addresses designated by said parties in this matter for that purpose. Yvette Pagan Sworn to before me this 8th day of February, 2021 Notary Public Claudette Garraud Commissioner of Deeds – City of New York No. 2-13167 Cert. Filed in New York County Commission Expires on August, 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 619226/2019 MARIA LERNER and KEITH LERNER, Plaintiffs, - against - SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY, LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC. Defendants. NOTICE OF DISCOVERY AND INSPECTION GALLO VITUCCI KLAR LLP Attorneys for Defendants Lincoln D. Elliott and Strickly Suffolk, Inc. 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 File No.: PIC-2020-001