Preview
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
RESPONSE TO
-against- PLAINTIFF’S
COMBINED DEMANDS
91-93 FRANKLIN LLC,
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H.
CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall
Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Combined Demands
dated May 29, 2020, as follows:
1. Witnesses: The responding defendants are unaware of the existence of any witness to
the accident or witness statements.
2. Statement of Plaintiff: The responding defendants are not in possession of any other
party statements at this time. If any become available, said statements will be
provided.
3. Insurance Coverage: The responding defendants are covered through a policy of
insurance with United Specialty Insurance Company under policy number
PSS1800529 and a policy limit of $1,000,000 per occurrence.
4. Accident Reports: Attached hereto as Exhibit “A”.
5. Photographs: The responding defendants are not in possession of any photographs
responsive to this demand.
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
6. Maintenance, Repair and Inspection: The responding defendants are not in possession
of any documents/information responsive to this demand.
7. Contracts: Refer to Exhibit “A” of the responding defendants’ Response to Plaintiff’s
Notice for Discovery and Inspection, dated October 25, 2021.
8. Expert Witness: The responding defendants have yet to designate an expert witness.
All parties will be notified pursuant to the CPLR if and when an expert is retained.
9. Visual Reproductions: The responding defendants are not in possession of any
documents/information responsive to this demand.
The responding defendants reserve the right to supplement and/or amend any and all of
the above responses up to and including the time of trial.
Dated: New York, New York
October 25, 2021
_______________________________
Christopher M. Carfora, Esq.
RYAN & CONLON, 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
TO: Glenn P. Dolan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
JOSE GOMEZ
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
RESPONSE TO
-against- PLAINTIFF’S NOTICE
FOR DISCOVERY AND
91-93 FRANKLIN LLC, INSPECTION
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H.
CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall
Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery
and Inspection dated May 29, 2020, as follows:
1. Insurance: The responding defendants are covered through a policy of insurance with
United Specialty Insurance Company under policy number PSS1800529 and a policy
limit of $1,000,000 per occurrence.
2. Contracts: Attached hereto as Exhibit “A”.
3. General Contractor: Y.N.H. Construction Inc., 216 Walworth Street, Brooklyn, New
York.
4. All Contractors and Subcontractors: Attached hereto as Exhibit “A”.
5. Owner(s): 91-93 Franklin Av LLC, 320 Roebling Street, #130, Brooklyn, New York.
6. Officers, directors and employees at premises: The responding defendants are not in
possession of information/documents responsive to this demand. Notwithstanding
same, a search is continuing.
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
7. Application, permits, work orders, change orders, daily reports/logs, bills, invoices,
progress reports and progress photographs: At this time, the responding defendants
are not in possession of any materials responsive to this demand.
8. Drawings, designs and sketches: At this time, the responding defendants are not in
possession of any materials responsive to this demand.
9. Prior similar accidents: The responding defendants are unaware of any prior similar
accidents responsive to this demand.
10. Prior complaints: The responding defendants are unaware of any prior complaints
responsive to this demand.
11. Labor Law/Industrial Code Violations: The responding defendants are unaware of
any violations responsive to this demand.
12. Safety Violations: The responding defendants are unaware of any safety violations
responsive to this demand.
13. Safety Manual: At this time, the responding defendants are not in possession of any
materials responsive to this demand.
14. Site Safety Plan: At this time, the responding defendants are not in possession of any
materials responsive to this demand.
15. Safety meeting Minutes and sign-in sheets: At this time, the responding defendants
are not in possession of any materials responsive to this demand.
16. Investigative report created in the ordinary course of business: At this time, the
responding defendants are not in possession of any materials responsive to this
demand.
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
The responding defendants reserve the right to supplement and/or amend any and all of
the above responses up to and including the time of trial.
Dated: New York, New York
October 25, 2021
_______________________________
Christopher M. Carfora, Esq.
RYAN & CONLON, 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
TO: Glenn P. Dolan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
JOSE GOMEZ
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
RESPONSE TO
-against- PLAINTIFF’S NOTICE
FOR DISCOVERY AND
91-93 FRANKLIN LLC, INSPECTION DATED
Y.N.H. CONSTRUCTION INC. and DECEMBER 16, 2021
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H.
CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall
Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery
and Inspection dated December 16, 2021, as follows:
1. Annexed hereto collectively as Exhibit “A”, is a copy of the YNH site manager’s OSHA
and scaffold certification card, as well as the site safety plan.
2. The responding defendants are not in possession of the OSHA card of Just Klean. The
last known contact information for Just Klean is as follows:
Just Klean
389 Willoughby Avenue, #401
Brooklyn, New York 11205
(718) 680 2960
3. The responding defendants are not in possession of the OSHA card of superintended
“David”. The last know information for HomeCore Inc. is as follows:
Homecore Inc.
207 Lawrence Avenue, Suite 6
Inwood, NY 11096
(516) 464-0594
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
4. The YNH safety plan for the 91 Franklin Avenue project is annexed hereto as Exhibit
“A”.
5. Annexed hereto as Exhibit “B” are the daily safety meeting sign in sheets submitted by
Capital Concrete to YNH prior to and including 9/18/19 for the 91 Franklin Avenue
project.
6. At this time, the responding defendants are unable to locate the sign in sheets prior to the
subject incident. A search is ongoing.
7. At this time, the responding defendants are unable to locate the YNH progress reports
applicable to this demand. A search is ongoing.
8. Annexed hereto as Exhibit “C” are photographs in the responding defendants’
possession responsive to this demand.
9. Annexed hereto as Exhibit “D” are emails sent by and to YNH regarding the 91 Franklin
Avenue project response to this demand.
10. Annexed hereto as Exhibit “E” are the architectural and structural images response to
this demand.
11. At this time, the responding defendants are unable to locate the sign-in sheet
applicable to this demand. A search is ongoing.
12. There were no violations issued pertaining to the subject job site.
The responding defendants reserve the right to supplement and/or amend any and all of
the above responses up to and including the time of trial.
Dated: New York, New York
January 13, 2022
_______________________________
Christopher M. Carfora, Esq.
RYAN & CONLON, LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
TO: Glenn P. Dolan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
JOSE GOMEZ
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
SUPPLEMENTAL
-against- RESPONSE TO
PLAINTIFF’S NOTICE
91-93 FRANKLIN LLC, FOR DISCOVERY AND
Y.N.H. CONSTRUCTION INC. and INSPECTION
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H.
CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall
Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery
and Inspection dated May 29, 2020, as follows:
1. Attached hereto as Exhibit “A”, please find a copy of the responding defendants’
policy of insurance with United Specialty Insurance Company under policy number
PSS1800529 and a policy limit of $1,000,000 per occurrence. The responding
defendants are not in possession of any applicable policy of umbrella or excess
insurance to the subject incident.
1. Other than the contractors and subcontractors disclosed in the responding defendants’
previously exchanged discovery responses, the responding defendants are not aware
of any other contractor or subcontractors working at the subject premises on
September 18, 2019.
The responding defendants reserve the right to supplement and/or amend any and all of
the above responses up to and including the time of trial.
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022
Dated: New York, New York
June 17, 2022
_______________________________
Christopher M. Carfora, Esq.
RYAN & CONLON, 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
TO: Glenn P. Dolan, Esq.
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
JOSE GOMEZ
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
Preview
FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, RESPONSE TO -against- PLAINTIFF’S COMBINED DEMANDS 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Combined Demands dated May 29, 2020, as follows: 1. Witnesses: The responding defendants are unaware of the existence of any witness to the accident or witness statements. 2. Statement of Plaintiff: The responding defendants are not in possession of any other party statements at this time. If any become available, said statements will be provided. 3. Insurance Coverage: The responding defendants are covered through a policy of insurance with United Specialty Insurance Company under policy number PSS1800529 and a policy limit of $1,000,000 per occurrence. 4. Accident Reports: Attached hereto as Exhibit “A”. 5. Photographs: The responding defendants are not in possession of any photographs responsive to this demand. FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 6. Maintenance, Repair and Inspection: The responding defendants are not in possession of any documents/information responsive to this demand. 7. Contracts: Refer to Exhibit “A” of the responding defendants’ Response to Plaintiff’s Notice for Discovery and Inspection, dated October 25, 2021. 8. Expert Witness: The responding defendants have yet to designate an expert witness. All parties will be notified pursuant to the CPLR if and when an expert is retained. 9. Visual Reproductions: The responding defendants are not in possession of any documents/information responsive to this demand. The responding defendants reserve the right to supplement and/or amend any and all of the above responses up to and including the time of trial. Dated: New York, New York October 25, 2021 _______________________________ Christopher M. Carfora, Esq. RYAN & CONLON, 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 TO: Glenn P. Dolan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff JOSE GOMEZ 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, RESPONSE TO -against- PLAINTIFF’S NOTICE FOR DISCOVERY AND 91-93 FRANKLIN LLC, INSPECTION Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery and Inspection dated May 29, 2020, as follows: 1. Insurance: The responding defendants are covered through a policy of insurance with United Specialty Insurance Company under policy number PSS1800529 and a policy limit of $1,000,000 per occurrence. 2. Contracts: Attached hereto as Exhibit “A”. 3. General Contractor: Y.N.H. Construction Inc., 216 Walworth Street, Brooklyn, New York. 4. All Contractors and Subcontractors: Attached hereto as Exhibit “A”. 5. Owner(s): 91-93 Franklin Av LLC, 320 Roebling Street, #130, Brooklyn, New York. 6. Officers, directors and employees at premises: The responding defendants are not in possession of information/documents responsive to this demand. Notwithstanding same, a search is continuing. FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 7. Application, permits, work orders, change orders, daily reports/logs, bills, invoices, progress reports and progress photographs: At this time, the responding defendants are not in possession of any materials responsive to this demand. 8. Drawings, designs and sketches: At this time, the responding defendants are not in possession of any materials responsive to this demand. 9. Prior similar accidents: The responding defendants are unaware of any prior similar accidents responsive to this demand. 10. Prior complaints: The responding defendants are unaware of any prior complaints responsive to this demand. 11. Labor Law/Industrial Code Violations: The responding defendants are unaware of any violations responsive to this demand. 12. Safety Violations: The responding defendants are unaware of any safety violations responsive to this demand. 13. Safety Manual: At this time, the responding defendants are not in possession of any materials responsive to this demand. 14. Site Safety Plan: At this time, the responding defendants are not in possession of any materials responsive to this demand. 15. Safety meeting Minutes and sign-in sheets: At this time, the responding defendants are not in possession of any materials responsive to this demand. 16. Investigative report created in the ordinary course of business: At this time, the responding defendants are not in possession of any materials responsive to this demand. FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 The responding defendants reserve the right to supplement and/or amend any and all of the above responses up to and including the time of trial. Dated: New York, New York October 25, 2021 _______________________________ Christopher M. Carfora, Esq. RYAN & CONLON, 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 TO: Glenn P. Dolan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff JOSE GOMEZ 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, RESPONSE TO -against- PLAINTIFF’S NOTICE FOR DISCOVERY AND 91-93 FRANKLIN LLC, INSPECTION DATED Y.N.H. CONSTRUCTION INC. and DECEMBER 16, 2021 ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery and Inspection dated December 16, 2021, as follows: 1. Annexed hereto collectively as Exhibit “A”, is a copy of the YNH site manager’s OSHA and scaffold certification card, as well as the site safety plan. 2. The responding defendants are not in possession of the OSHA card of Just Klean. The last known contact information for Just Klean is as follows: Just Klean 389 Willoughby Avenue, #401 Brooklyn, New York 11205 (718) 680 2960 3. The responding defendants are not in possession of the OSHA card of superintended “David”. The last know information for HomeCore Inc. is as follows: Homecore Inc. 207 Lawrence Avenue, Suite 6 Inwood, NY 11096 (516) 464-0594 FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 4. The YNH safety plan for the 91 Franklin Avenue project is annexed hereto as Exhibit “A”. 5. Annexed hereto as Exhibit “B” are the daily safety meeting sign in sheets submitted by Capital Concrete to YNH prior to and including 9/18/19 for the 91 Franklin Avenue project. 6. At this time, the responding defendants are unable to locate the sign in sheets prior to the subject incident. A search is ongoing. 7. At this time, the responding defendants are unable to locate the YNH progress reports applicable to this demand. A search is ongoing. 8. Annexed hereto as Exhibit “C” are photographs in the responding defendants’ possession responsive to this demand. 9. Annexed hereto as Exhibit “D” are emails sent by and to YNH regarding the 91 Franklin Avenue project response to this demand. 10. Annexed hereto as Exhibit “E” are the architectural and structural images response to this demand. 11. At this time, the responding defendants are unable to locate the sign-in sheet applicable to this demand. A search is ongoing. 12. There were no violations issued pertaining to the subject job site. The responding defendants reserve the right to supplement and/or amend any and all of the above responses up to and including the time of trial. Dated: New York, New York January 13, 2022 _______________________________ Christopher M. Carfora, Esq. RYAN & CONLON, LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 TO: Glenn P. Dolan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff JOSE GOMEZ 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, SUPPLEMENTAL -against- RESPONSE TO PLAINTIFF’S NOTICE 91-93 FRANKLIN LLC, FOR DISCOVERY AND Y.N.H. CONSTRUCTION INC. and INSPECTION ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants, 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., by and through their attorneys RYAN & CONLON, LLP, 2 Wall Street, Suite 710, New York, New York, hereby respond to the plaintiff’s Notice for Discovery and Inspection dated May 29, 2020, as follows: 1. Attached hereto as Exhibit “A”, please find a copy of the responding defendants’ policy of insurance with United Specialty Insurance Company under policy number PSS1800529 and a policy limit of $1,000,000 per occurrence. The responding defendants are not in possession of any applicable policy of umbrella or excess insurance to the subject incident. 1. Other than the contractors and subcontractors disclosed in the responding defendants’ previously exchanged discovery responses, the responding defendants are not aware of any other contractor or subcontractors working at the subject premises on September 18, 2019. The responding defendants reserve the right to supplement and/or amend any and all of the above responses up to and including the time of trial. FILED: KINGS COUNTY CLERK 06/23/2022 11:38 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 06/23/2022 Dated: New York, New York June 17, 2022 _______________________________ Christopher M. Carfora, Esq. RYAN & CONLON, 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 TO: Glenn P. Dolan, Esq. MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff JOSE GOMEZ 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500