Preview
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
EXHIBIT B
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
POrbr¦n 13
ROBERT ZABORSKI,
Index No.: 504273/17
Plaintiff,
RESPONSE TO
-against- pOMBINED DEMANDS
MB LORIMER LLC AND CORNERSTONE
BUILDERS NY LLC,
Defendants,
_________-_____---------__-----------------------------------------__Ç
PLEASE TAKE NOTICE, defendant, CORNERSTONE BUILDERS NY LLC, by its
attorneys, McMAHON, MARTINE & GALLAGHER, LLP, respond to plaintiff's Combined
Demands, dated August 25, 2017, upon information and belief:
GENERAL OBJECTIONS
Defendant objects to this demand to the extent that it seeks disclosure of facts or documents: (a)
prepared for or in anticipated of litigation; (b) that constitutes privileged attorney-client material;
(c) that constitutes attorney work product; or (d) that are otherwise protected from disclosure on
the basis of any privilege. The inadvertent production of any privileged documents shall not be
deemed a waiver of any applicable privilege with respect to such document or any other
documents produced, and defendants reserve the right to recall any such privileges documents
inadvertently produced.
Defendant objects to this demand insofar as it seeks discovery that is it inconsistent with, or
imposes obligation beyond those set forth under the NY CPLR.
Defendant objects to the extent that plaintiff seeks party discovery under the CPLR from persons
who are not parties to the action.
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
Defendant objects to the Demand to the extent that plaintiff seeks materials not in Defendant's
possession, custody or control.
Defendant objects to the Demand to the extent that itis overly broad, unduly burdensome, or
both.
Defendant objects to the Demand to the extent that itseeks information that is neither relevant
nor reasonably calculated to lead to the discovery of admissible evidence.
RESPONSES
1. (a-i) The answering defendant is not aware of any witnesses to the incident alleged
herein. Defendant reserves the right to supplement this response upon receipt of further
information, if and when itbecomes available.
2. The answering defendant is not in possession of any statement made by the plaintiff.
3. On the day of the alleged incident the answering defendant was afforded insurance
coverage by certain Underwriters at Lloyd's of London, under Policy # 10268L170306, with
effective dates of 07/12/2016 through 07/12/2017 and policy limits of $1,000,000 each
occurrence and $2,000,000 in aggregate. A copy of this insurance policy was previously
provided along with defendant's Response to Notice for Discovery and Inspection, dated
October 16, 2017.
4. The answering defendant is not in possession of accident reports to the
pertaining
incident alleged herein. Defendant reserves the right to supplement this response upon receipt of
further information or documents, if and when itbecomes available.
5. The answering defendant is not in possession of photographs to the incident
pertaining
alleged herein. Defendant reserves the right to supplement this response upon receipt of further
information or documents, if and when itbecomes available.
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
6. (a-e) The answering defendant has not yet retained any expert witness, but reserves the
right to do so up to and including the time of trial of this action.
7. The answering defendant is not in possession of surveillance materials pertaining to the
incident alleged herein. Defendant reserves the right to supplement this response upon receipt of
further information or documents, if and when itbecomes available.
PLEASE BE ADVISED, that the defendant reserves the right to supplement these
responses upon receipt of further documents or identification of additional witnesses, up to and
including the time of trial.
Dated: October 19, 2017
Brooklyn, New York
Yours, etc.
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendant CORNERSTONE
BUILDERS NY LLC
55 Washington Street, Suite 720
Brooklyn, New York 11201
(212) 747-1230
Our File No.: G200.0069
TO: SEE ATTACHED RIDER
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
RIDER
THE PLATTA LAW FIRM, PLLC
Attorneys for Plaintiff
42 Broadway, Suite 1927
New York, New York 10004
(212) 514-5100
MB LORIMER LLC
183 Wilson Street
PM Box 234
Brooklyn, New York 11211
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
__-....--
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________------------______Ç
ROBERT ZABORSKI,
Plaintiff,
-against-
DEFENDANT'S RESPONSE
MB LORIMER LLC AND CORNERSTONE BUILDERS TO COMPLIANCE
NY LLC, CONFERENCE ORDER
Defendant.
--------------------------------------X Index No. 504273/2017
CORNERSTONE BUILDERS NY LLC, IAS Part
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.,
Third-Party Defendant.
___________________---________________x
Defendant New York Builders of Stairs, Inc., by Pillinger
Miller Tarallo, LLP, in compliance with the Compliance Conference
Order dated, November 26, 2018, hereby sets forth the following:
1. Insurance Coverage: Defendant is insured by a policy of
insurance with Pennsylvania Lumberman's Mutual Insurance
Company and policy limits/period information will be
provided under separate cover.
2. Witnesses: Defendant is not aware of any witnesses at this
time other than the witnesses that have already been
disclosed during the course of discovery.
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
3 . Statements : Defendant is not in possession of any
statements other than the statements which have already
been disclosed during the course of discovery.
4 . Photographs : Defendant is not in possession of any
photographs at this time other than the photographs which
have already been disclosed during the course of discovery.
5. Accident Reports: Defendant is not in possession of any
Accident Reports other than what has already been disclosed
during the course of discovery.
6. Annexed hereto as Exhibit "A" is a of the Standard
copy
Form of Agreement between general contractor and
subcontractor, dated June 25, 2016, along with relevant
Certificates of Liability Insurance.
This defendant reserves the right to amend and/or supplement
this response should additional information become available.
Dated: Elmsford, New York
June 12, 2019
Yours, et c. ,
PILLINGER MILLER TARALLO, LLP
Attorneys for Third-Party Defendant
New York Builders of Strairs, Inc.
5th
555 Taxter Road, F1OOr
Elmsford, NY 10523
(914) 703-6300
Our File No. N-PLM-00135/TDW
- 2 -
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022
TO:
THE PLATTA LAW FIRM, PLLC
Attorney for Plaintiff
Robert Zaborski
42 Broadway
Suite 1927
New York, NY 10004
(212) 514-5100
MCMAHON, MARTINE & GALLAGHER, LLP
Attorney for Defendant/Third-Party Plaintiff
Cornerstone Builders NY LLC
55 Washington Street
7th Floor
Brooklyn, New York 11201
(212) 747-1230
- 3 -
Preview
FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 EXHIBIT B FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS POrbr¦n 13 ROBERT ZABORSKI, Index No.: 504273/17 Plaintiff, RESPONSE TO -against- pOMBINED DEMANDS MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC, Defendants, _________-_____---------__-----------------------------------------__Ç PLEASE TAKE NOTICE, defendant, CORNERSTONE BUILDERS NY LLC, by its attorneys, McMAHON, MARTINE & GALLAGHER, LLP, respond to plaintiff's Combined Demands, dated August 25, 2017, upon information and belief: GENERAL OBJECTIONS Defendant objects to this demand to the extent that it seeks disclosure of facts or documents: (a) prepared for or in anticipated of litigation; (b) that constitutes privileged attorney-client material; (c) that constitutes attorney work product; or (d) that are otherwise protected from disclosure on the basis of any privilege. The inadvertent production of any privileged documents shall not be deemed a waiver of any applicable privilege with respect to such document or any other documents produced, and defendants reserve the right to recall any such privileges documents inadvertently produced. Defendant objects to this demand insofar as it seeks discovery that is it inconsistent with, or imposes obligation beyond those set forth under the NY CPLR. Defendant objects to the extent that plaintiff seeks party discovery under the CPLR from persons who are not parties to the action. FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 Defendant objects to the Demand to the extent that plaintiff seeks materials not in Defendant's possession, custody or control. Defendant objects to the Demand to the extent that itis overly broad, unduly burdensome, or both. Defendant objects to the Demand to the extent that itseeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. RESPONSES 1. (a-i) The answering defendant is not aware of any witnesses to the incident alleged herein. Defendant reserves the right to supplement this response upon receipt of further information, if and when itbecomes available. 2. The answering defendant is not in possession of any statement made by the plaintiff. 3. On the day of the alleged incident the answering defendant was afforded insurance coverage by certain Underwriters at Lloyd's of London, under Policy # 10268L170306, with effective dates of 07/12/2016 through 07/12/2017 and policy limits of $1,000,000 each occurrence and $2,000,000 in aggregate. A copy of this insurance policy was previously provided along with defendant's Response to Notice for Discovery and Inspection, dated October 16, 2017. 4. The answering defendant is not in possession of accident reports to the pertaining incident alleged herein. Defendant reserves the right to supplement this response upon receipt of further information or documents, if and when itbecomes available. 5. The answering defendant is not in possession of photographs to the incident pertaining alleged herein. Defendant reserves the right to supplement this response upon receipt of further information or documents, if and when itbecomes available. FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 6. (a-e) The answering defendant has not yet retained any expert witness, but reserves the right to do so up to and including the time of trial of this action. 7. The answering defendant is not in possession of surveillance materials pertaining to the incident alleged herein. Defendant reserves the right to supplement this response upon receipt of further information or documents, if and when itbecomes available. PLEASE BE ADVISED, that the defendant reserves the right to supplement these responses upon receipt of further documents or identification of additional witnesses, up to and including the time of trial. Dated: October 19, 2017 Brooklyn, New York Yours, etc. McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendant CORNERSTONE BUILDERS NY LLC 55 Washington Street, Suite 720 Brooklyn, New York 11201 (212) 747-1230 Our File No.: G200.0069 TO: SEE ATTACHED RIDER FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 RIDER THE PLATTA LAW FIRM, PLLC Attorneys for Plaintiff 42 Broadway, Suite 1927 New York, New York 10004 (212) 514-5100 MB LORIMER LLC 183 Wilson Street PM Box 234 Brooklyn, New York 11211 FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 __-....-- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________------------______Ç ROBERT ZABORSKI, Plaintiff, -against- DEFENDANT'S RESPONSE MB LORIMER LLC AND CORNERSTONE BUILDERS TO COMPLIANCE NY LLC, CONFERENCE ORDER Defendant. --------------------------------------X Index No. 504273/2017 CORNERSTONE BUILDERS NY LLC, IAS Part Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC., Third-Party Defendant. ___________________---________________x Defendant New York Builders of Stairs, Inc., by Pillinger Miller Tarallo, LLP, in compliance with the Compliance Conference Order dated, November 26, 2018, hereby sets forth the following: 1. Insurance Coverage: Defendant is insured by a policy of insurance with Pennsylvania Lumberman's Mutual Insurance Company and policy limits/period information will be provided under separate cover. 2. Witnesses: Defendant is not aware of any witnesses at this time other than the witnesses that have already been disclosed during the course of discovery. FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 3 . Statements : Defendant is not in possession of any statements other than the statements which have already been disclosed during the course of discovery. 4 . Photographs : Defendant is not in possession of any photographs at this time other than the photographs which have already been disclosed during the course of discovery. 5. Accident Reports: Defendant is not in possession of any Accident Reports other than what has already been disclosed during the course of discovery. 6. Annexed hereto as Exhibit "A" is a of the Standard copy Form of Agreement between general contractor and subcontractor, dated June 25, 2016, along with relevant Certificates of Liability Insurance. This defendant reserves the right to amend and/or supplement this response should additional information become available. Dated: Elmsford, New York June 12, 2019 Yours, et c. , PILLINGER MILLER TARALLO, LLP Attorneys for Third-Party Defendant New York Builders of Strairs, Inc. 5th 555 Taxter Road, F1OOr Elmsford, NY 10523 (914) 703-6300 Our File No. N-PLM-00135/TDW - 2 - FILED: KINGS COUNTY CLERK 08/03/2022 05:31 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/03/2022 TO: THE PLATTA LAW FIRM, PLLC Attorney for Plaintiff Robert Zaborski 42 Broadway Suite 1927 New York, NY 10004 (212) 514-5100 MCMAHON, MARTINE & GALLAGHER, LLP Attorney for Defendant/Third-Party Plaintiff Cornerstone Builders NY LLC 55 Washington Street 7th Floor Brooklyn, New York 11201 (212) 747-1230 - 3 -