Preview
FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-- ------------------- ------------------- ------X
BROOK HARRIS, Index No.: 510250/21
Plaintiff, DISCOVERY
- against - . DEMANDS
KARIMAH ASKEW and BRITTANY HARRIS
Defendants.
___._____ ___..-------------------------X
SIRS:
PLEASE TAKE NOTICE, that pursued to Article 31 of the C.P.L.R., the undersigned hereby
defendants' defendants'
demands the following of the defendants, attorneys and insurance company:
DEMAND FOR WITNESSESt
1. The names and addresses of each person known to or claimed by you or any party you represent
in this action to be a witness to:
( The occurrence alleged in the complaint;
( First hand knowledge of the facts and circumstances regarding this occurrence;
(c Any acts, omissions or conditions which allegedly caused the occurrence alleged in the
complaint;
(d) Any actual notice allegedly given to the defendant(s) or any employee(s) or agent(s) of the
defendant(s) of any condition which allegedly c used the occunence alleged in the complaint;
(e) The nature and duration of any alleged condition (or absence thereof) which allegedly caused
the occurrence alleged in the complaint;
(f) Any admissions of the defendant(s) or its agent(s) or employee(s); and
(g) Any admissions of the plaintiff(s);
(h) Plaintiff s physical, mental and emotional conditions.
DEMAND FOR STATEMENTS:
2. Copies of any and all statements, whether signed or unsigned, electronically recorded and
transcribed and/or orally taken of the plaintiff.
DEMAND FOR PHOTOGRAPHS:
3. Exact duplicate reproductions of allphotographs, surveillance, video and audiotapes, dâshcam
footage, recordings, films taken of the plaintiff, the happening of the occurrence, scene of the accident,
motor vehicles involved in the occurrence complained of herein which is in your possession, custody or
control, or in the possession or under the control of the defendant, its agents, servants and/or employees.
DEMAND FOR ACCIDENT/INCIDENT/INVESTIGATIVE REPORT(S) AND_RECORDS:
4.A complete and unredacted copy of the contents ofeach and every accident/incident/investigative
defendants'
report prepared the defendants, insurance. companies and servants and/or
by any agents,
dahdan+c' defendañts'
employees of the defendants, attorneys and insurance companies in the regttlar
course of business operations or practices pertaining to the occurrence which gives rise to this lawsuit,
notwithstanding that itwas prepared for use in litigation. CPLR § 3101(g); Victorian Corp. V. First Central
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FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021
Insurance Co,, 203 A.D. 2d 452;Crazytown Furniture, Inc., v. Brooklyn Union Gas Co., 145 A.D. 2d 402;
Pataki v. Kiseda, 80 A.D. 2d 100; Miranda v. Blair Tool & Machine Corp., 114 A.D. 2d 941.
DEMAND FOR INSURANCE POLICIES:
5. (a) The complete original or certified true copy of the entire original primary and excess (ifany)
insurance policies which afforded coverage to the defendant for the claims made by the plaintiff herein.
(b) A sworn statement by a person with ACTUAL knowledge of the facts setting forth the number
of claims made against defendant during the applicable policy period and the amount sought in each such
. . claim; and
(c) A sworn statement by a person with ACTUAL knowledge of the total sums paid against all
of the.foregoing policies (both primary and excess [if any]). (C.P.L.R. § 3101 (f);Kimbell v. Davis. 81
A.D.2d 855; Greenwald v. Eiseman, 120 A.D.2d 564; Folgate v. Brookhaven, 381 NYS 384)
DEMAND FOR EXPERT INFORMATION:
6. (a) The name(s) of each person(s) expected to be called upon to testify as an expert witness at the
trial of this matter.
(b) The qualifications of each such person to testify as an expert witness.
(c) The subject matter, in reasonable detail, upon which each such person is expected to testifyas
an expert witness.
(d) The facts and opinions upon which each such expert witness is expected to testify; and
(e) A summary of the grounds of each such opinion.
DEMAND FOR SURVEILLANCE MATERIALS, VIDEO AND AUDIO RECORDINGS AND
PHOTOGRAPHS:
7. All surveillance materials, video and audio tapes, recordings, photographs, films, movies, visual
or audio reproductions and descriptions of plaintiff purporting to depict plaintiff s activities, including
transcripts and memoranda thereof, including outtakes, rather than only those portions a party intends to use.
(C.P.L.R. § 3101(i)), Tai Tran et al.v. New Rochelle Hospital Me(lical Center, 99 N.Y. 2d 383 (Ct. App.
2003).
8. Statement as to whether the above surveillance materials are in existence. Fronckowiak v. City
of Buffalo, 619 NYS 2d 237 (1994).
DEMAND FOR DAMAGE RECORDS:
9. All damage records, reports, documents and authorizations for same regarding damage sustained
by all vehicles and property in this accident, including but not limited to:
(a) All repair bills and invoices, with itemization of repair.
(b) All repair/damage estimates, with itemization of repair/damage.
(c) Copies of checks, paid repair receipts and/or other documentation ofpayments made regarding
vehicular and property damage.
(d) All records regarding tõwiñg, storage, inspection and disposal/final disposition.
DEMAND FOR MAINTENANCE, ETC.. RECORDS:
defendants'
10. All maintenance, inspection and repair records for motor vehicle involved in this
accident for two years prior to and including date of accident.
DEMAND FOR NAMES AND ADDRESSES:
11. The full names and addresses of all attorneys appearing in this or in any related lawsuit.
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FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021
DEMAND FOR DOCUMENTATION REGARDING OWNERSHIP, ETC.:
defendants'
12. Documentation ownership, and lesseeship of motor vehicle
regarding lessorship
defendants'
involved in this accident, including but not limited to title, registration and lease(s) of motor
vehicle.
DEMAND FOR CELLULAR/PORTABLE TELEPHONE RECORDS:
13. Records of all cellular and portable telephones owned and/or used by the defendants on the date
of accident.
14. Records of allcellular and portable telephones that were inthe vehicle occupied bythe defendant
operator on the date of accident.
PLEASE TAKE FURTHER NOTICE, that the above discovery and inspection shall take place
at the offices of the undersigned within fourteen (14) days of the date herein. In lieu of appearing at the
office of the undersigned, the requested information can be furnished, by mail, prior to the return date
hereof.
defendants'
PLEASE TAKE FURTHER NOTICE, that ifdefendants, attorneys and
defendants'
insurance companies and any agents, servants and/or employees of the defendants,
defendants' defendants'
attorneys and insurance companies, have no information with respect to a
particular demand, a sworn statement to that effect, in writing is required.
PLEASE TAKE FURTHER NOTICE, that this demand is continuing and in the event defendants,
defendants' defendants'
attorneys and insurance companies and any agents, servants and/or employees of
defendants' defendants'
the defendants, attorneys and insurance companies attempt to introduce, at the
time of trial, any information requested herein without having heretofore provided same to the plaintiffs
counsel, plaintiff will object to the use thereof on the grounds of su1prise.
Dated: New York, New York
June 8, 2021
BARRY/M. DINERMAN, ESQ.
THE LAW OFFICES OF BARRY M. DINERMAN, P.L.L.C.
Attorney for Plaintiff
14th
160 Broadway, FlOOr
New York, New York 10038
(212) 267-7575
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Preview
FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -- ------------------- ------------------- ------X BROOK HARRIS, Index No.: 510250/21 Plaintiff, DISCOVERY - against - . DEMANDS KARIMAH ASKEW and BRITTANY HARRIS Defendants. ___._____ ___..-------------------------X SIRS: PLEASE TAKE NOTICE, that pursued to Article 31 of the C.P.L.R., the undersigned hereby defendants' defendants' demands the following of the defendants, attorneys and insurance company: DEMAND FOR WITNESSESt 1. The names and addresses of each person known to or claimed by you or any party you represent in this action to be a witness to: ( The occurrence alleged in the complaint; ( First hand knowledge of the facts and circumstances regarding this occurrence; (c Any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; (d) Any actual notice allegedly given to the defendant(s) or any employee(s) or agent(s) of the defendant(s) of any condition which allegedly c used the occunence alleged in the complaint; (e) The nature and duration of any alleged condition (or absence thereof) which allegedly caused the occurrence alleged in the complaint; (f) Any admissions of the defendant(s) or its agent(s) or employee(s); and (g) Any admissions of the plaintiff(s); (h) Plaintiff s physical, mental and emotional conditions. DEMAND FOR STATEMENTS: 2. Copies of any and all statements, whether signed or unsigned, electronically recorded and transcribed and/or orally taken of the plaintiff. DEMAND FOR PHOTOGRAPHS: 3. Exact duplicate reproductions of allphotographs, surveillance, video and audiotapes, dâshcam footage, recordings, films taken of the plaintiff, the happening of the occurrence, scene of the accident, motor vehicles involved in the occurrence complained of herein which is in your possession, custody or control, or in the possession or under the control of the defendant, its agents, servants and/or employees. DEMAND FOR ACCIDENT/INCIDENT/INVESTIGATIVE REPORT(S) AND_RECORDS: 4.A complete and unredacted copy of the contents ofeach and every accident/incident/investigative defendants' report prepared the defendants, insurance. companies and servants and/or by any agents, dahdan+c' defendañts' employees of the defendants, attorneys and insurance companies in the regttlar course of business operations or practices pertaining to the occurrence which gives rise to this lawsuit, notwithstanding that itwas prepared for use in litigation. CPLR § 3101(g); Victorian Corp. V. First Central 1 of 3 FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021 Insurance Co,, 203 A.D. 2d 452;Crazytown Furniture, Inc., v. Brooklyn Union Gas Co., 145 A.D. 2d 402; Pataki v. Kiseda, 80 A.D. 2d 100; Miranda v. Blair Tool & Machine Corp., 114 A.D. 2d 941. DEMAND FOR INSURANCE POLICIES: 5. (a) The complete original or certified true copy of the entire original primary and excess (ifany) insurance policies which afforded coverage to the defendant for the claims made by the plaintiff herein. (b) A sworn statement by a person with ACTUAL knowledge of the facts setting forth the number of claims made against defendant during the applicable policy period and the amount sought in each such . . claim; and (c) A sworn statement by a person with ACTUAL knowledge of the total sums paid against all of the.foregoing policies (both primary and excess [if any]). (C.P.L.R. § 3101 (f);Kimbell v. Davis. 81 A.D.2d 855; Greenwald v. Eiseman, 120 A.D.2d 564; Folgate v. Brookhaven, 381 NYS 384) DEMAND FOR EXPERT INFORMATION: 6. (a) The name(s) of each person(s) expected to be called upon to testify as an expert witness at the trial of this matter. (b) The qualifications of each such person to testify as an expert witness. (c) The subject matter, in reasonable detail, upon which each such person is expected to testifyas an expert witness. (d) The facts and opinions upon which each such expert witness is expected to testify; and (e) A summary of the grounds of each such opinion. DEMAND FOR SURVEILLANCE MATERIALS, VIDEO AND AUDIO RECORDINGS AND PHOTOGRAPHS: 7. All surveillance materials, video and audio tapes, recordings, photographs, films, movies, visual or audio reproductions and descriptions of plaintiff purporting to depict plaintiff s activities, including transcripts and memoranda thereof, including outtakes, rather than only those portions a party intends to use. (C.P.L.R. § 3101(i)), Tai Tran et al.v. New Rochelle Hospital Me(lical Center, 99 N.Y. 2d 383 (Ct. App. 2003). 8. Statement as to whether the above surveillance materials are in existence. Fronckowiak v. City of Buffalo, 619 NYS 2d 237 (1994). DEMAND FOR DAMAGE RECORDS: 9. All damage records, reports, documents and authorizations for same regarding damage sustained by all vehicles and property in this accident, including but not limited to: (a) All repair bills and invoices, with itemization of repair. (b) All repair/damage estimates, with itemization of repair/damage. (c) Copies of checks, paid repair receipts and/or other documentation ofpayments made regarding vehicular and property damage. (d) All records regarding tõwiñg, storage, inspection and disposal/final disposition. DEMAND FOR MAINTENANCE, ETC.. RECORDS: defendants' 10. All maintenance, inspection and repair records for motor vehicle involved in this accident for two years prior to and including date of accident. DEMAND FOR NAMES AND ADDRESSES: 11. The full names and addresses of all attorneys appearing in this or in any related lawsuit. 2 of 3 FILED: KINGS COUNTY CLERK 06/08/2021 12:31 PM INDEX NO. 510250/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/08/2021 DEMAND FOR DOCUMENTATION REGARDING OWNERSHIP, ETC.: defendants' 12. Documentation ownership, and lesseeship of motor vehicle regarding lessorship defendants' involved in this accident, including but not limited to title, registration and lease(s) of motor vehicle. DEMAND FOR CELLULAR/PORTABLE TELEPHONE RECORDS: 13. Records of all cellular and portable telephones owned and/or used by the defendants on the date of accident. 14. Records of allcellular and portable telephones that were inthe vehicle occupied bythe defendant operator on the date of accident. PLEASE TAKE FURTHER NOTICE, that the above discovery and inspection shall take place at the offices of the undersigned within fourteen (14) days of the date herein. In lieu of appearing at the office of the undersigned, the requested information can be furnished, by mail, prior to the return date hereof. defendants' PLEASE TAKE FURTHER NOTICE, that ifdefendants, attorneys and defendants' insurance companies and any agents, servants and/or employees of the defendants, defendants' defendants' attorneys and insurance companies, have no information with respect to a particular demand, a sworn statement to that effect, in writing is required. PLEASE TAKE FURTHER NOTICE, that this demand is continuing and in the event defendants, defendants' defendants' attorneys and insurance companies and any agents, servants and/or employees of defendants' defendants' the defendants, attorneys and insurance companies attempt to introduce, at the time of trial, any information requested herein without having heretofore provided same to the plaintiffs counsel, plaintiff will object to the use thereof on the grounds of su1prise. Dated: New York, New York June 8, 2021 BARRY/M. DINERMAN, ESQ. THE LAW OFFICES OF BARRY M. DINERMAN, P.L.L.C. Attorney for Plaintiff 14th 160 Broadway, FlOOr New York, New York 10038 (212) 267-7575 3 of 3