On October 30, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Angel Chasi,
Maria C Encalada
As Administrator Of The Estate Of Angel Chasi, Deceased,
and
8801 Shore Road Building Corporation,
Aaron Poret Real Estate,
Howard Poret,
for Torts - Other Negligence (Labor Law)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/18/2021
Exhibit C
FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 33
41 RECEIVED NYSCEF: 08/13/2021
08/18/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X
ANGEL CHASI,
Index No.: 521850/2018
Plaintiff,
- against - NOTICE TO ADMIT
8801 SHORE ROAD BUILDING CORPORATION,
AARON PORET REAL ESTATE and HOWARD
PORET,
Defendants.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE that, Defendant 8801 SHORE ROAD BUILDING
CORPORATION (“8801 Shore Road”) and HOWARD PORET (“Poret”) (collectively
“Defendants”), by and through their attorneys Nicoletti Hornig & Sweeney, hereby demand,
pursuant to CPLR § 3123(a), that Plaintiff ANGEL CHASI (“Plaintiff”) admit within twenty (20)
days after service of this Notice, for the purposes of this action, the following facts:
1. The photograph annexed hereto as Exhibit “A” was taken at the location at which
Plaintiff alleges to have been injured, 8801 Shore Road, Brooklyn, New York.
2. Plaintiff is depicted in the photograph annexed hereto as Exhibit “A.”
3. The photograph annexed hereto as Exhibit “A” was taken immediately after the
accident which Plaintiff alleges took place on July 18, 2018.
4. The photograph annexed hereto as Exhibit “A” depicts Plaintiff exactly as he
came to rest after his alleged accident on July 18, 2018.
5. Plaintiff did not move from his position depicted in Exhibit “A” prior to being
photographed.
6. Plaintiff is depicted in the photograph annexed hereto as Exhibit “B.”
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FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 33
41 RECEIVED NYSCEF: 08/13/2021
08/18/2021
7. Plaintiff is in the same position in Exhibit “B” as he is in Exhibit “A.”
8. Exhibit “B” was taken immediately after the accident which Plaintiff alleged took
place on July 18, 2018.
9. Exhibit “A” is a close up of Plaintiff in the same position as he is shown in Exhibit
“B.”
10. Plaintiff was using an electrical grinder at the time of the alleged accident.
11. Plaintiff was using a 4 ½ inch electrical grinder at the time of the alleged accident.
12. Plaintiff was using a 7-inch electrical grinder at the time of the alleged accident.
PLEASE TAKE FURTHER NOTICE that the above will be deemed as a factual
admission if PLAINTIFF fails to respond to this notice within twenty (20) days.
Dated: New York, New York
August 13, 2021
Yours, etc.,
NICOLETTI HORNIG & SWEENEY
Attorneys for Defendants
8801 SHORE ROAD BUILDING
CORPORATION and HOWARD PORET
By: /s/ Jamie Burke
Barbara A. Sheehan, Esq.
Jamie N. Burke, Esq.
Wall Street Plaza
88 Pine Street, 7th Floor
New York, New York 10005
(212) 220-3830
Our File: 91000294 BAS/JNB
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FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 33
41 RECEIVED NYSCEF: 08/13/2021
08/18/2021
TO:
VIA EMAIL & REGULAR MAIL
Carmine Goncalves, Esq.
WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2750
New York, New York 10170
(212) 986-7353
T:\BSHEEHAN\Chasi 8801 Shore Road\(91-294) Notice to Admit.08.13.21.docx
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FILED: KINGS COUNTY CLERK 08/13/2021
08/18/2021 04:01
01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 34
41 RECEIVED NYSCEF: 08/13/2021
08/18/2021
FILED: KINGS COUNTY CLERK 08/13/2021
08/18/2021 04:01
01:27 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 35
41 RECEIVED NYSCEF: 08/13/2021
08/18/2021
Document Filed Date
August 18, 2021
Case Filing Date
October 30, 2018
Category
Torts - Other Negligence (Labor Law)
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Preview
FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/18/2021 Exhibit C FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 33 41 RECEIVED NYSCEF: 08/13/2021 08/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X ANGEL CHASI, Index No.: 521850/2018 Plaintiff, - against - NOTICE TO ADMIT 8801 SHORE ROAD BUILDING CORPORATION, AARON PORET REAL ESTATE and HOWARD PORET, Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE that, Defendant 8801 SHORE ROAD BUILDING CORPORATION (“8801 Shore Road”) and HOWARD PORET (“Poret”) (collectively “Defendants”), by and through their attorneys Nicoletti Hornig & Sweeney, hereby demand, pursuant to CPLR § 3123(a), that Plaintiff ANGEL CHASI (“Plaintiff”) admit within twenty (20) days after service of this Notice, for the purposes of this action, the following facts: 1. The photograph annexed hereto as Exhibit “A” was taken at the location at which Plaintiff alleges to have been injured, 8801 Shore Road, Brooklyn, New York. 2. Plaintiff is depicted in the photograph annexed hereto as Exhibit “A.” 3. The photograph annexed hereto as Exhibit “A” was taken immediately after the accident which Plaintiff alleges took place on July 18, 2018. 4. The photograph annexed hereto as Exhibit “A” depicts Plaintiff exactly as he came to rest after his alleged accident on July 18, 2018. 5. Plaintiff did not move from his position depicted in Exhibit “A” prior to being photographed. 6. Plaintiff is depicted in the photograph annexed hereto as Exhibit “B.” 1 1 of 3 FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 33 41 RECEIVED NYSCEF: 08/13/2021 08/18/2021 7. Plaintiff is in the same position in Exhibit “B” as he is in Exhibit “A.” 8. Exhibit “B” was taken immediately after the accident which Plaintiff alleged took place on July 18, 2018. 9. Exhibit “A” is a close up of Plaintiff in the same position as he is shown in Exhibit “B.” 10. Plaintiff was using an electrical grinder at the time of the alleged accident. 11. Plaintiff was using a 4 ½ inch electrical grinder at the time of the alleged accident. 12. Plaintiff was using a 7-inch electrical grinder at the time of the alleged accident. PLEASE TAKE FURTHER NOTICE that the above will be deemed as a factual admission if PLAINTIFF fails to respond to this notice within twenty (20) days. Dated: New York, New York August 13, 2021 Yours, etc., NICOLETTI HORNIG & SWEENEY Attorneys for Defendants 8801 SHORE ROAD BUILDING CORPORATION and HOWARD PORET By: /s/ Jamie Burke Barbara A. Sheehan, Esq. Jamie N. Burke, Esq. Wall Street Plaza 88 Pine Street, 7th Floor New York, New York 10005 (212) 220-3830 Our File: 91000294 BAS/JNB 2 2 of 3 FILED: KINGS COUNTY CLERK 08/18/2021 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 33 41 RECEIVED NYSCEF: 08/13/2021 08/18/2021 TO: VIA EMAIL & REGULAR MAIL Carmine Goncalves, Esq. WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP Attorneys for Plaintiff 420 Lexington Avenue, Suite 2750 New York, New York 10170 (212) 986-7353 T:\BSHEEHAN\Chasi 8801 Shore Road\(91-294) Notice to Admit.08.13.21.docx 3 3 of 3 FILED: KINGS COUNTY CLERK 08/13/2021 08/18/2021 04:01 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 34 41 RECEIVED NYSCEF: 08/13/2021 08/18/2021 FILED: KINGS COUNTY CLERK 08/13/2021 08/18/2021 04:01 01:27 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 35 41 RECEIVED NYSCEF: 08/13/2021 08/18/2021