Preview
FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021
File #: 123259-1
STATE OF NEW YORK
SUPREME COURT : COUNTY OF DUTCHESS
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GLORIA CUKAR
NOTICE TO PRODUCE
Plaintiff(s),
-against- Index No: 2021-50233
COMPASS GROUP USA, INC. and MORRISON MANAGEMENT
SPECIALISTS, INC.
Defendant(s).
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PLEASE TAKE NOTICE:
Pursuant to CPLR 3101, defendants are hereby demanded to serve within twenty (20) days the
following information and material at the offices of Ellis Law with Finkelstein & Partners, of counsel,
1279 Route 300, PO BOX 1111, Newburgh, NY 12551:
1. The complete and full insurance agreements, including face sheet, under which the insurers
of the defendant(s) may be liable to satisfy part or all of the Judgment which may be entered in the above
entitled action or to indemnify or reimburse payments made to satisfy a Judgment in the above entitled
action.
2. The complete name and address of the insurance company(s). Their FILE and Policy
Numbers and the COVERAGE AMOUNT.
3. A statement and affidavit as to whether or not there is any additional, concurrent, excess or
umbrella coverage which would cover the above defendant(s) in regard to the above matter. If there is
such coverage, all information as to those policies as requested in “2” above.
4. In the case of no coverage, please provide an affidavit of no excess sworn to by your
client. In the case of disclaimer, reservation of rights or any other conditions relevant to any of the above
coverage of the defendant(s), please so state.
5. A complete copy of any statement(s) or sworn testimony given by or on behalf of the
plaintiff, whether signed or unsigned, recorded, abstracted, transcribed or written.
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FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021
6. The names and addresses of all persons claimed or believed to have witnessed the
following:
(a) the accident or occurrence, or to have first-hand knowledge of the same
or the facts and circumstances regarding the occurrence;
(b) any other acts or omissions claimed to constitute the negligence of any party;
(c) any acts or omissions pertaining to the damage suffered or incurred by any
party as a result of the negligence of any other party;
(d) any facts or circumstances alleged to have constituted actual or constructive notice
to any party of the condition alleged to have caused the claimed injuries or damages;
(e) the making of any statements or admissions of this demanding party bearing
on the issues of negligence, contributory negligence and culpable conduct of
any party hereto; and
(f) the name and address of any person claiming actual notice to the defendant
of any condition which allegedly caused the condition complained of.
7. Any accident or incident reports relating to this matter to which this action refers made in
the usual course of business by the defendant or any agent, servant or employee of the defendant pursuant
to Section 3101(g) of the CPLR.
8. Any photos, motion pictures, video tapes, outtakes, notes or memos of the accident scene,
the parties, including surveillance of the plaintiff, the instrumentalities or autos involved, taken by or in
possession of the defendant, its attorneys or its insurance carrier or their agents, servants and employees
which pertain to the matter to which this action refers, pursuant to Section 3101(i) of the CPLR.
9. Any photos which the defendant or its attorneys plan or intend to utilize as an exhibit or
evidence at the trial of the action.
10. Copies of all hospital records obtained by the defendant(s) pursuant to authorizations
supplied by the plaintiff(s).
11. If defendant has obtained a Central Index Bureau report or any report or information
having to do with injuries or claims made by the plaintiff(s) prior or subsequent to the date of accident
which is the subject of this lawsuit, please provide a copy of the search from which defendant obtained this
information.
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FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021
PLEASE TAKE NOTICE, PURSUANT TO CPLR SECTION 3121(a), YOU ARE
REQUIRED TO PROVIDE COPIES OF ANY AND ALL REPORTS RECEIVED AS A RESULT OF
THE USE OF AN AUTHORIZATION PROVIDED BY PLAINTIFF(S’) ATTORNEYS.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and if any
of the above items are obtained or discovered after the date of this demand, they are to be immediately
furnished to the undersigned pursuant to these demands.
Dated: July 13 , 2021
Newburgh, New York
Yours, etc.,
Ellis Law with Finkelstein & Partners, of counsel
Attorneys for Plaintiff(s)
BY:_________________________________
ELYSSA M. FRIED DE-ROSA, ESQ.
1279 Route 300
PO BOX 1111
Newburgh, NY 12551
efile@lawampm.com
TO: Shook, Hardy & Bacon
1325 Avenue of The Americas
28th Floor
New York, NY 10019
jiemma@shb.com
rdenney@shb.com
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Preview
FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021 File #: 123259-1 STATE OF NEW YORK SUPREME COURT : COUNTY OF DUTCHESS ----------------------------------------------------------------------------------x GLORIA CUKAR NOTICE TO PRODUCE Plaintiff(s), -against- Index No: 2021-50233 COMPASS GROUP USA, INC. and MORRISON MANAGEMENT SPECIALISTS, INC. Defendant(s). ----------------------------------------------------------------------------------x PLEASE TAKE NOTICE: Pursuant to CPLR 3101, defendants are hereby demanded to serve within twenty (20) days the following information and material at the offices of Ellis Law with Finkelstein & Partners, of counsel, 1279 Route 300, PO BOX 1111, Newburgh, NY 12551: 1. The complete and full insurance agreements, including face sheet, under which the insurers of the defendant(s) may be liable to satisfy part or all of the Judgment which may be entered in the above entitled action or to indemnify or reimburse payments made to satisfy a Judgment in the above entitled action. 2. The complete name and address of the insurance company(s). Their FILE and Policy Numbers and the COVERAGE AMOUNT. 3. A statement and affidavit as to whether or not there is any additional, concurrent, excess or umbrella coverage which would cover the above defendant(s) in regard to the above matter. If there is such coverage, all information as to those policies as requested in “2” above. 4. In the case of no coverage, please provide an affidavit of no excess sworn to by your client. In the case of disclaimer, reservation of rights or any other conditions relevant to any of the above coverage of the defendant(s), please so state. 5. A complete copy of any statement(s) or sworn testimony given by or on behalf of the plaintiff, whether signed or unsigned, recorded, abstracted, transcribed or written. 1 of 3 FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021 6. The names and addresses of all persons claimed or believed to have witnessed the following: (a) the accident or occurrence, or to have first-hand knowledge of the same or the facts and circumstances regarding the occurrence; (b) any other acts or omissions claimed to constitute the negligence of any party; (c) any acts or omissions pertaining to the damage suffered or incurred by any party as a result of the negligence of any other party; (d) any facts or circumstances alleged to have constituted actual or constructive notice to any party of the condition alleged to have caused the claimed injuries or damages; (e) the making of any statements or admissions of this demanding party bearing on the issues of negligence, contributory negligence and culpable conduct of any party hereto; and (f) the name and address of any person claiming actual notice to the defendant of any condition which allegedly caused the condition complained of. 7. Any accident or incident reports relating to this matter to which this action refers made in the usual course of business by the defendant or any agent, servant or employee of the defendant pursuant to Section 3101(g) of the CPLR. 8. Any photos, motion pictures, video tapes, outtakes, notes or memos of the accident scene, the parties, including surveillance of the plaintiff, the instrumentalities or autos involved, taken by or in possession of the defendant, its attorneys or its insurance carrier or their agents, servants and employees which pertain to the matter to which this action refers, pursuant to Section 3101(i) of the CPLR. 9. Any photos which the defendant or its attorneys plan or intend to utilize as an exhibit or evidence at the trial of the action. 10. Copies of all hospital records obtained by the defendant(s) pursuant to authorizations supplied by the plaintiff(s). 11. If defendant has obtained a Central Index Bureau report or any report or information having to do with injuries or claims made by the plaintiff(s) prior or subsequent to the date of accident which is the subject of this lawsuit, please provide a copy of the search from which defendant obtained this information. 2 of 3 FILED: DUTCHESS COUNTY CLERK 07/13/2021 12:44 PM INDEX NO. 2021-50233 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2021 PLEASE TAKE NOTICE, PURSUANT TO CPLR SECTION 3121(a), YOU ARE REQUIRED TO PROVIDE COPIES OF ANY AND ALL REPORTS RECEIVED AS A RESULT OF THE USE OF AN AUTHORIZATION PROVIDED BY PLAINTIFF(S’) ATTORNEYS. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and if any of the above items are obtained or discovered after the date of this demand, they are to be immediately furnished to the undersigned pursuant to these demands. Dated: July 13 , 2021 Newburgh, New York Yours, etc., Ellis Law with Finkelstein & Partners, of counsel Attorneys for Plaintiff(s) BY:_________________________________ ELYSSA M. FRIED DE-ROSA, ESQ. 1279 Route 300 PO BOX 1111 Newburgh, NY 12551 efile@lawampm.com TO: Shook, Hardy & Bacon 1325 Avenue of The Americas 28th Floor New York, NY 10019 jiemma@shb.com rdenney@shb.com 3 of 3