Preview
FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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LALITA CREWS, :
: RESPONSE TO
Plaintiff, : DEFENDANT BONILLA’S
: COMBINED DISCOVERY
-against- : DEMANDS
:
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA :
BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC : Index No.: 504481/2021
CORPORATION, :
:
Defendants. :
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The defendant, 1040 KFC LLC, appearing herein by its attorneys LAW OFFICE OF
KEVIN J. PHILBIN, responding to defendant JOSE M. NINA BONILLA’s Combined Demands
to Co-Defendants, dated April 28, 2021, responds as follows:
GENERAL OBJECTIONS
a) The responding defendant(s) object(s) to the information and items requested to be produced
on the grounds that: they seek to expand and enlarge the responding defendant(s) obligations
under applicable discovery rules; they alter and, therefore, obscure the plain and specific
meaning of many words which appear in the demands; and they require the responding
defendant(s) to draw a legal conclusion to make a proper response. Accordingly, the
responding defendant(s) will respond to each demand according to the ordinary and generally
accepted definition of the word used in the factual context of this case. Further, the
responding defendant(s) will respond to each demand in accordance with its understanding
of the obligations imposed by the New York Civil Practice Law and Rules and interpretive
case law.
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b) The responding defendant(s) further objects generally to the demands to the extent they seek
information: (1) prepared in anticipation of litigation or for trial; (2) protected by the
attorney/client privilege; (3) pertaining to periods of time that are irrelevant to the issues in
the lawsuit or the injury claimed by the plaintiff; (4) that calls for disclosure of counsel’s
mental impressions, conclusions, opinions or legal theory or other work product; (5) that is
protected by the self-critical analysis privilege; (6) that is otherwise protected by any other
applicable privilege or immunity; or (7) that is otherwise beyond the scope of discovery as
provided by the New York Civil Practice Law and Rules and interpretive case law.
c) The responding defendant(s) object(s) to plaintiff’s demands to the extent they seek
information not relevant to the subject matter of this lawsuit, are overly broad, unduly
burdensome, unlimited as to time-frame and/or not reasonably calculated to lead to the
discovery of admissible evidence.
d) The responding defendant(s) object(s) to plaintiff’s discovery demands to the extent they
seek disclosure of proprietary and/or confidential business information and/or trade secrets
information of the responding defendant(s). The responding defendant(s) further object(s)
to the extent that they seek documents or information that contain confidential, proprietary
or trade secrets information of third-parties.
e) The responding defendant(s) object(s) to the extent that plaintiff’s discovery demands
request information not within the responding defendant(s) possession, custody or control,
including information, and/or things within the possession, custody or control of third-
parties.
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f) The responding defendant(s) object(s) to plaintiff’s failure to define certain terms to the
extent that said failure results in definitions that include such things which are not normally
associated with the term or the term’s common meanings.
g) The responding defendant(s) reserve(s) their right to supplement any of their responses to
plaintiff’s discovery demands and/or produce or rely on subsequently discovered documents
as additional facts are ascertained, analysis is made, legal research is completed, and
contentions are made.
h) The response to any demands as part of said response shall not be deemed a waiver of any
objection that the responding defendant(s) may wish to interpose at trial with respect to the
matters disclosed by that response or with respect to the admissibility of the information
referenced to or contained in that response. The responding defendant(s) reserve(s) all
objections as to the competence, relevance, materiality, admissibility, or privileged status of
any information provided in response to plaintiff’s demands.
i) Where appropriate, the responding defendant(s) have conducted a reasonable search of
available business records within those places where responsive records were likely to be
found.
j) The responding defendant(s) search for documents responsive to plaintiff’s discovery
demands, which are not subject of an objection, motion practice or protective order, is
ongoing and the responding defendant(s) will supplement their responses to include any
additional documents or information discovered as a result of said effort.
RESPONSES
1. Defendant is not in possession of any witness information responsive to this request.
2. Defendant is not in possession of any photographs responsive to this request.
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3. Defendant is not in possession of any statements responsive to this request.
4. Defendant is not in possession of any written reports responsive to this request.
5. Not applicable.
6. Defendants have not yet retained any experts in this matter. We reserve our right to retain an
expert and provide expert disclosure pursuant to CPLR § 3101(d). We reserve our right to
call any and all doctors that treated or examined the plaintiff as an expert at the time of trial.
7. On the date complained of herein, defendants had personal liability coverage of $1,000,000
per occurrence through Harleysville Worcester Insurance Company under Policy No.
MPA0000005644BB. Excess/umbrella insurance information is to be provided, if
applicable.
8. Lease documents responsive to this request to be provided.
9. Defendant is not in possession of any agreements responsive to this request at this time.
10. Defendant is not in possession of any manuals responsive to this request.
11. Defendant is not in possession of any handbooks and/or instructional or training materials
responsive to this request.
12. Defendant is not in possession of any instructions responsive to this request.
13. Defendant is not in possession of any signs responsive to this request.
14. Defendant is not in possession of any documents regarding service, maintenance and/or
repair responsive to this request.
15. Defendant is not in possession of any invoices responsive to this request.
16. Defendant is not in possession of any documents responsive to this request.
17. Defendant is not in possession of any communication between other parties responsive to
this request.
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Dated: New York, New York
August 2, 2021
Yours, etc.
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
1040 KFC LLC
One Whitehall Street, 13th Floor
New York, NY 10004-2109
(212) 248-9100
Matter No.: 21-004175
Email: thomr5@nationwide.com
By: ______________________________
RHONDA D. THOMPSON, ESQ.
TO:
Ronald W. Ramirez, Esq.
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
LALITA CREWS
107-19 71st Avenue
Forest Hills, New York 11375
(718) 261-6161
Email: RR@RWRamirez.com
Richard A. Salvato, Esq.
ROBERT A. PEIRCE & ASSOCIATES
Attorneys for Defendant
JAM SERVICES AND REPAIRS LLC
8 Cottage Place
White Plains, New York 10601
(914) 946-8200
Email: ras.peircelaw@gmail.com
Sean M. Spencer, Esq.
HAGELIN SPENCER, LLC.
Attorneys for Defendant
JOSE M. NINA BONILLA
135 Delaware Avenue, Suite 200
Buffalo, New York 14202
(716) 849-3500
Email: spencer@hagelinspencer.com
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Maria Zouros, Esq.
GALLO VITUCCI KLAR, LLP.
Attorneys for Defendant
KFC CORPORATION
90 Broad Street, Suite 1202 New York, New York 10004
(212) 683-7100
Email: mzouros@gvlaw.com
QSR EAST LLC
24 Outwater Lane
Garfield, New Jersey 07026
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Preview
FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X LALITA CREWS, : : RESPONSE TO Plaintiff, : DEFENDANT BONILLA’S : COMBINED DISCOVERY -against- : DEMANDS : JAM SERVICES AND REPAIRS LLC, JOSE M. NINA : BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC : Index No.: 504481/2021 CORPORATION, : : Defendants. : -------------------------------------------------------------------------X The defendant, 1040 KFC LLC, appearing herein by its attorneys LAW OFFICE OF KEVIN J. PHILBIN, responding to defendant JOSE M. NINA BONILLA’s Combined Demands to Co-Defendants, dated April 28, 2021, responds as follows: GENERAL OBJECTIONS a) The responding defendant(s) object(s) to the information and items requested to be produced on the grounds that: they seek to expand and enlarge the responding defendant(s) obligations under applicable discovery rules; they alter and, therefore, obscure the plain and specific meaning of many words which appear in the demands; and they require the responding defendant(s) to draw a legal conclusion to make a proper response. Accordingly, the responding defendant(s) will respond to each demand according to the ordinary and generally accepted definition of the word used in the factual context of this case. Further, the responding defendant(s) will respond to each demand in accordance with its understanding of the obligations imposed by the New York Civil Practice Law and Rules and interpretive case law. 1 of 6 FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 b) The responding defendant(s) further objects generally to the demands to the extent they seek information: (1) prepared in anticipation of litigation or for trial; (2) protected by the attorney/client privilege; (3) pertaining to periods of time that are irrelevant to the issues in the lawsuit or the injury claimed by the plaintiff; (4) that calls for disclosure of counsel’s mental impressions, conclusions, opinions or legal theory or other work product; (5) that is protected by the self-critical analysis privilege; (6) that is otherwise protected by any other applicable privilege or immunity; or (7) that is otherwise beyond the scope of discovery as provided by the New York Civil Practice Law and Rules and interpretive case law. c) The responding defendant(s) object(s) to plaintiff’s demands to the extent they seek information not relevant to the subject matter of this lawsuit, are overly broad, unduly burdensome, unlimited as to time-frame and/or not reasonably calculated to lead to the discovery of admissible evidence. d) The responding defendant(s) object(s) to plaintiff’s discovery demands to the extent they seek disclosure of proprietary and/or confidential business information and/or trade secrets information of the responding defendant(s). The responding defendant(s) further object(s) to the extent that they seek documents or information that contain confidential, proprietary or trade secrets information of third-parties. e) The responding defendant(s) object(s) to the extent that plaintiff’s discovery demands request information not within the responding defendant(s) possession, custody or control, including information, and/or things within the possession, custody or control of third- parties. 2 of 6 FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 f) The responding defendant(s) object(s) to plaintiff’s failure to define certain terms to the extent that said failure results in definitions that include such things which are not normally associated with the term or the term’s common meanings. g) The responding defendant(s) reserve(s) their right to supplement any of their responses to plaintiff’s discovery demands and/or produce or rely on subsequently discovered documents as additional facts are ascertained, analysis is made, legal research is completed, and contentions are made. h) The response to any demands as part of said response shall not be deemed a waiver of any objection that the responding defendant(s) may wish to interpose at trial with respect to the matters disclosed by that response or with respect to the admissibility of the information referenced to or contained in that response. The responding defendant(s) reserve(s) all objections as to the competence, relevance, materiality, admissibility, or privileged status of any information provided in response to plaintiff’s demands. i) Where appropriate, the responding defendant(s) have conducted a reasonable search of available business records within those places where responsive records were likely to be found. j) The responding defendant(s) search for documents responsive to plaintiff’s discovery demands, which are not subject of an objection, motion practice or protective order, is ongoing and the responding defendant(s) will supplement their responses to include any additional documents or information discovered as a result of said effort. RESPONSES 1. Defendant is not in possession of any witness information responsive to this request. 2. Defendant is not in possession of any photographs responsive to this request. 3 of 6 FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 3. Defendant is not in possession of any statements responsive to this request. 4. Defendant is not in possession of any written reports responsive to this request. 5. Not applicable. 6. Defendants have not yet retained any experts in this matter. We reserve our right to retain an expert and provide expert disclosure pursuant to CPLR § 3101(d). We reserve our right to call any and all doctors that treated or examined the plaintiff as an expert at the time of trial. 7. On the date complained of herein, defendants had personal liability coverage of $1,000,000 per occurrence through Harleysville Worcester Insurance Company under Policy No. MPA0000005644BB. Excess/umbrella insurance information is to be provided, if applicable. 8. Lease documents responsive to this request to be provided. 9. Defendant is not in possession of any agreements responsive to this request at this time. 10. Defendant is not in possession of any manuals responsive to this request. 11. Defendant is not in possession of any handbooks and/or instructional or training materials responsive to this request. 12. Defendant is not in possession of any instructions responsive to this request. 13. Defendant is not in possession of any signs responsive to this request. 14. Defendant is not in possession of any documents regarding service, maintenance and/or repair responsive to this request. 15. Defendant is not in possession of any invoices responsive to this request. 16. Defendant is not in possession of any documents responsive to this request. 17. Defendant is not in possession of any communication between other parties responsive to this request. 4 of 6 FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 Dated: New York, New York August 2, 2021 Yours, etc. LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant 1040 KFC LLC One Whitehall Street, 13th Floor New York, NY 10004-2109 (212) 248-9100 Matter No.: 21-004175 Email: thomr5@nationwide.com By: ______________________________ RHONDA D. THOMPSON, ESQ. TO: Ronald W. Ramirez, Esq. LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff LALITA CREWS 107-19 71st Avenue Forest Hills, New York 11375 (718) 261-6161 Email: RR@RWRamirez.com Richard A. Salvato, Esq. ROBERT A. PEIRCE & ASSOCIATES Attorneys for Defendant JAM SERVICES AND REPAIRS LLC 8 Cottage Place White Plains, New York 10601 (914) 946-8200 Email: ras.peircelaw@gmail.com Sean M. Spencer, Esq. HAGELIN SPENCER, LLC. Attorneys for Defendant JOSE M. NINA BONILLA 135 Delaware Avenue, Suite 200 Buffalo, New York 14202 (716) 849-3500 Email: spencer@hagelinspencer.com 5 of 6 FILED: KINGS COUNTY CLERK 08/20/2021 03:12 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/20/2021 Maria Zouros, Esq. GALLO VITUCCI KLAR, LLP. Attorneys for Defendant KFC CORPORATION 90 Broad Street, Suite 1202 New York, New York 10004 (212) 683-7100 Email: mzouros@gvlaw.com QSR EAST LLC 24 Outwater Lane Garfield, New Jersey 07026 6 of 6