Preview
FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------X
JOSE GOMEZ, Index No. 527680/2019
Plaintiff,
RESPONSE TO
-against- COMBINED DEMANDS
91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION
INC., and ALPINE READY MIX INC,
Defendants.
--------------------------------------------------------------------X
Defendant, ALPINE READY MIX, INC., by and through their attorneys, BRAND,
GLICK & BRAND, P.C., as and for their response to plaintiff’s Combined Demands, dated May
29, 2020, upon information and belief, state(s) as follows:
1. WITNESSES: Defendant is not presently aware of any names and addresses of any
witnesses as the responding defendant’s first notice of this incident was the complaint. Defendant
reserves their right to provide same should it become available.
2. ADVERSE PARTY STATEMENTS: Defendant is not presently in possession
of any statements made by any witnesses, recorded, written and/or electronically. Defendant
reserves their right to provide same should it become available.
3. INSURANCE COVERAGE: On the date of this loss, defendant was insured with
Progressive Commercial. Copy of the Declaration Page will be forwarded under separate cover.
4. ACCIDENT REPORTS: Defendant is not presently in possession of any
accident reports at this time. Defendant reserves their right to provide same should it become
available.
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
5. PHOTOGRAPHS: Defendant is not presently in possession of photographs at
this time other than the photographs exchanged by the plaintiff. Defendant reserves their right to
provide same should it become available.
6. MAINTENANCE/REPAIR RECORDS: Defendant objects to this demand on
the bases that the demand is vague and overbroad. .
7. DEMAND FOR CONTRACTS: Defendant is presently not in possession of any
contracts. Defendant previously exchanged the invoice for the work performed on the day of the
alleged incident. Defendant reserves their right to provide same should it become available
8. DEMAND FOR EXPERT WITNESS DISCLOSURE: Defendant has yet to
make a determination as to whether any experts will be retained to testify at the time of trial.
However, defendant reserves their right to do so, and upon the retention of any expert witness, a
notice will follow in accordance with the provisions of the CPLR 3101(d).
9. DEMAND FOR VISUAL REPRODUCTIONS: Defendant is not in possession
of visual reproductions, slides, video tapes, motion pictures, and surveillance tapes at this time.
Defendant reserves their right to provide same should it become available.
PLEASE TAKE FURTHER NOTICE, that the defendant reserves the right to
supplement and/or amend this response up to and including the time of trial in accordance with the
applicable provisions of the CPLR.
PLEASE TAKE FURTHER NOTICE that, defendant, ALPINE READY MIX INC.,
reserve their rights to amend and/or supplement this response.
Dated: Garden City, New York
November 2, 2021
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FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
Yours etc.,
BRAND, GLICK & BRAND, P.C.
By: Robert S. Mazzuchin /s/
ROBERT S. MAZZUCHIN
Attorneys for Defendant,
ALPINE READY MIX, INC.
600 Old Country Road, Suite 440
Garden City, New York 11530
(516) 746-3500
File No. 02-14320 RSM
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
TO: MORGAN LEVIN DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
RYAN & CONLIN LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
AFFIDAVIT OF SERVICE BY NYSCEF
STATE OF NEW YORK}
} ss.:
COUNTY OF NASSAU }
JENNIFER IANNARELLI, being duly sworn, deposes and says: That your deponent is
not a party to this action, is over 18 years of age and resides in Nassau County, New York.
That on the 2nd day of November, 2021, deponent served a true copy of the within
RESPONSE TO COMBINED DEMANDS by uploading it to the New York State Court System
eFiling website, upon all parties as follows:
TO: MORGAN LEVIN DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
RYAN & CONLIN LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
Jennifer Iannarelli
JENNIFER IANNARELLI
Sworn to before me this
2nd day of November, 2021
Ingrid O. Uhlich
NOTARY PUBLIC
INGRID O. UHLICH
NOTARY PUBLIC, State of New York
No. 02UH6327973
Qualified in Suffolk County
Commission Expires: 07/20/2023
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021
Index No.527680/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JOSE GOMEZ,
Plaintiff,
-against-
F91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., and ALPINE READY MIX INC,
Defendants.
RESPONSE TO COMBINED DEMANDS
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant, Alpine Ready Mix Inc.
600 Old Country Road, Suite 440
Garden City, New York 11530
(516) 746-3500
BGB FILE NO.: 02-14320 RSM
TO: MORGAN LEVIN DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
RYAN & CONLIN LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
6 of 6
Preview
FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X JOSE GOMEZ, Index No. 527680/2019 Plaintiff, RESPONSE TO -against- COMBINED DEMANDS 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., and ALPINE READY MIX INC, Defendants. --------------------------------------------------------------------X Defendant, ALPINE READY MIX, INC., by and through their attorneys, BRAND, GLICK & BRAND, P.C., as and for their response to plaintiff’s Combined Demands, dated May 29, 2020, upon information and belief, state(s) as follows: 1. WITNESSES: Defendant is not presently aware of any names and addresses of any witnesses as the responding defendant’s first notice of this incident was the complaint. Defendant reserves their right to provide same should it become available. 2. ADVERSE PARTY STATEMENTS: Defendant is not presently in possession of any statements made by any witnesses, recorded, written and/or electronically. Defendant reserves their right to provide same should it become available. 3. INSURANCE COVERAGE: On the date of this loss, defendant was insured with Progressive Commercial. Copy of the Declaration Page will be forwarded under separate cover. 4. ACCIDENT REPORTS: Defendant is not presently in possession of any accident reports at this time. Defendant reserves their right to provide same should it become available. 1 of 6 FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 5. PHOTOGRAPHS: Defendant is not presently in possession of photographs at this time other than the photographs exchanged by the plaintiff. Defendant reserves their right to provide same should it become available. 6. MAINTENANCE/REPAIR RECORDS: Defendant objects to this demand on the bases that the demand is vague and overbroad. . 7. DEMAND FOR CONTRACTS: Defendant is presently not in possession of any contracts. Defendant previously exchanged the invoice for the work performed on the day of the alleged incident. Defendant reserves their right to provide same should it become available 8. DEMAND FOR EXPERT WITNESS DISCLOSURE: Defendant has yet to make a determination as to whether any experts will be retained to testify at the time of trial. However, defendant reserves their right to do so, and upon the retention of any expert witness, a notice will follow in accordance with the provisions of the CPLR 3101(d). 9. DEMAND FOR VISUAL REPRODUCTIONS: Defendant is not in possession of visual reproductions, slides, video tapes, motion pictures, and surveillance tapes at this time. Defendant reserves their right to provide same should it become available. PLEASE TAKE FURTHER NOTICE, that the defendant reserves the right to supplement and/or amend this response up to and including the time of trial in accordance with the applicable provisions of the CPLR. PLEASE TAKE FURTHER NOTICE that, defendant, ALPINE READY MIX INC., reserve their rights to amend and/or supplement this response. Dated: Garden City, New York November 2, 2021 2 of 6 FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 Yours etc., BRAND, GLICK & BRAND, P.C. By: Robert S. Mazzuchin /s/ ROBERT S. MAZZUCHIN Attorneys for Defendant, ALPINE READY MIX, INC. 600 Old Country Road, Suite 440 Garden City, New York 11530 (516) 746-3500 File No. 02-14320 RSM 3 of 6 FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 TO: MORGAN LEVIN DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 RYAN & CONLIN LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 4 of 6 FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 AFFIDAVIT OF SERVICE BY NYSCEF STATE OF NEW YORK} } ss.: COUNTY OF NASSAU } JENNIFER IANNARELLI, being duly sworn, deposes and says: That your deponent is not a party to this action, is over 18 years of age and resides in Nassau County, New York. That on the 2nd day of November, 2021, deponent served a true copy of the within RESPONSE TO COMBINED DEMANDS by uploading it to the New York State Court System eFiling website, upon all parties as follows: TO: MORGAN LEVIN DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 RYAN & CONLIN LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 Jennifer Iannarelli JENNIFER IANNARELLI Sworn to before me this 2nd day of November, 2021 Ingrid O. Uhlich NOTARY PUBLIC INGRID O. UHLICH NOTARY PUBLIC, State of New York No. 02UH6327973 Qualified in Suffolk County Commission Expires: 07/20/2023 5 of 6 FILED: KINGS COUNTY CLERK 11/02/2021 03:54 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 11/02/2021 Index No.527680/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSE GOMEZ, Plaintiff, -against- F91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., and ALPINE READY MIX INC, Defendants. RESPONSE TO COMBINED DEMANDS BRAND, GLICK & BRAND, P.C. Attorneys for Defendant, Alpine Ready Mix Inc. 600 Old Country Road, Suite 440 Garden City, New York 11530 (516) 746-3500 BGB FILE NO.: 02-14320 RSM TO: MORGAN LEVIN DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 RYAN & CONLIN LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 6 of 6