Preview
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021
EXHIBIT “D”
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
COSTELLO, COONEY & FEARON, PLLC,
Plaintiff,
ARTICLE 31 DISCOVERY
DEMANDS
vs.
Index No.: 003917/2021
MELINDA BURDICK BOWE,
Defendant.
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and
Rules, Defendant Melinda Burdick Bowe, by and through her attorneys, Woods Oviatt Gilman
LLP, demands that within twenty (20) days of the date of this demand, Plaintiff Costello, Cooney
& Fearon, PLLC furnishes copies of the following to the offices of Ms. Bowe's counsel:
STATEMENTS - CPLR $3101(e)
1. All statements, whether signed, transcribed or otherwise, of Defendant, and/or her
respective members, officers, employees, and agents whether made individually or collectively, and
if there are no such statements in your passession, provide a statemcat to the undersigned in writing
I
to that effect within twenty (20) days of the date hereof.
2. All statements, whether signed, transcribed or otherwise, of any party which you do
not represent, or any servant or employee of any party which you do not represent regarding the
subject matter of the Complaint or Defendant's Affirmative Defences or coüñterclaims, and if there
are no such statamanto in your provide a statement to the undersigned in to that
passession, writing
effect within twenty (20) days of the date hereof.
(8507399:)
Woods Oviatt Gilman LLP
1900Bausch & Lomb Place
14604
Rochester, New York
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021
WITNESSES
3. The names and addresses of each person known or claimed by you or any party you
represent in this action to be a witness to:
a. any alleged incidents which are the subject of this action; or
b. any admissions by Defendant or her agents, servants or employees; or
c. any other element reflecting on liabilityor damages; or
d. if no such witnesses are known, so state in response to this demand.
INCIDENT REPORTS -- CPLR 3101
§
4. Any written reports in your possession or control prepared in the regular course of
business operations or practices of any pmon, firm, corporation, ass0ciation or other public or
private entity, relating to the alleged incider.ts which are the subject of this action, '=E4g, but not
limited to, reports to any law enforcement agêñcy, reports to or from any government agency or
official, reports or investigations ccedücted by third parties, and reports to liabilitycarriers.
INSURANCE - CPLR 3101(f)
5. Any policy of insurance under which any insurañce company may be liable to
satisfy, in whole or in part, a judgment which may be entered in this action or to indemnify or
reimburse for payments made to satisfy such a judgment.
MAPS. ETC. - ARTICLE 31
PHOTOGRAPHS,
6. Copies of all photographs, maps, diagrams and drawings related to the
occurrences described in the Complaint, and all other photographs, maps and drawiñgs material
to Plaintiff s causes of action and/or Defendant's Affirmative Defenses or counterclaims.
|8507399:) 2
Woods Oviatt Gilman LLP
1900Bausch & Lomb Place
New
Rochester, York 14604
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021
EXPERTS - CPLR § 3101(d)
7. The identity of each person whom Plaintiff expects to call as an expert witness at
trial,along with a disclosure in reasonable detail of:
a. the subject matter on which each expert is expected to testify;
b. the substance of the facts and opinions on which each expert is expected to
testify;
c. the qualifications of each expert witness;
d. a summary of the grounds for each expert's opinion;
e. if you have not retained an expert by the above-specified time, please advise
so in writing;
f. wheñêver an expert is retained, you are hereby required to give notice to the
undersigned, and answer the above demands pursuant to CPLR § 3101(d);
and
g. identify the documents which were seen by each expert prior to the
formation of each expert's opinion (Avila v. State of New York, 132 Misc.2d
1068).
PLEASE TAKE FURTHER NOTICE, if you do not have any information relating to the
above, submit a letter or áffidavit so stating within twenty (20) days of the service of this Notice.
PLEASE TAKE FURTHER NOTICE that this demand is of a continuing character and
nature. Ifadditic·nal information or documents within the scope of demand becomes available
any
to you, your client and/or your client's representatives after you have initially responded hereto,
demand is hereby made that you furnish such additional information and documêñts to the
undersigned.
{8507399:} 3
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021
IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law and will
object at the time of trialto the admission of any material or testimony from any witness which was
not di-ched in response to this discovery demand in a timely manner.
DATED: June 18, 2021
Rochester, New York
WOODS OVIATT GILMAN LLP
By: s:/Greta K. Kolcon
Greta K. Kolcon, Esq.
Attorneys for Defendant
1900 Bausch & Lomb Place
Rochester, New York 14604
585.987.2800
TO: Robert J. Smith, Esq.
Attorneys for Plaintiff
21 1 West Jefferson Street
Syracuse, NY 13202
315.422.1152
(8507399:)
Woods Oviatt Gihnan LLP
1900Bausch & Lomb Place
New
Rochester, York 14604
Preview
FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021 EXHIBIT “D” FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA COSTELLO, COONEY & FEARON, PLLC, Plaintiff, ARTICLE 31 DISCOVERY DEMANDS vs. Index No.: 003917/2021 MELINDA BURDICK BOWE, Defendant. PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules, Defendant Melinda Burdick Bowe, by and through her attorneys, Woods Oviatt Gilman LLP, demands that within twenty (20) days of the date of this demand, Plaintiff Costello, Cooney & Fearon, PLLC furnishes copies of the following to the offices of Ms. Bowe's counsel: STATEMENTS - CPLR $3101(e) 1. All statements, whether signed, transcribed or otherwise, of Defendant, and/or her respective members, officers, employees, and agents whether made individually or collectively, and if there are no such statements in your passession, provide a statemcat to the undersigned in writing I to that effect within twenty (20) days of the date hereof. 2. All statements, whether signed, transcribed or otherwise, of any party which you do not represent, or any servant or employee of any party which you do not represent regarding the subject matter of the Complaint or Defendant's Affirmative Defences or coüñterclaims, and if there are no such statamanto in your provide a statement to the undersigned in to that passession, writing effect within twenty (20) days of the date hereof. (8507399:) Woods Oviatt Gilman LLP 1900Bausch & Lomb Place 14604 Rochester, New York FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021 WITNESSES 3. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: a. any alleged incidents which are the subject of this action; or b. any admissions by Defendant or her agents, servants or employees; or c. any other element reflecting on liabilityor damages; or d. if no such witnesses are known, so state in response to this demand. INCIDENT REPORTS -- CPLR 3101 § 4. Any written reports in your possession or control prepared in the regular course of business operations or practices of any pmon, firm, corporation, ass0ciation or other public or private entity, relating to the alleged incider.ts which are the subject of this action, '=E4g, but not limited to, reports to any law enforcement agêñcy, reports to or from any government agency or official, reports or investigations ccedücted by third parties, and reports to liabilitycarriers. INSURANCE - CPLR 3101(f) 5. Any policy of insurance under which any insurañce company may be liable to satisfy, in whole or in part, a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy such a judgment. MAPS. ETC. - ARTICLE 31 PHOTOGRAPHS, 6. Copies of all photographs, maps, diagrams and drawings related to the occurrences described in the Complaint, and all other photographs, maps and drawiñgs material to Plaintiff s causes of action and/or Defendant's Affirmative Defenses or counterclaims. |8507399:) 2 Woods Oviatt Gilman LLP 1900Bausch & Lomb Place New Rochester, York 14604 FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021 EXPERTS - CPLR § 3101(d) 7. The identity of each person whom Plaintiff expects to call as an expert witness at trial,along with a disclosure in reasonable detail of: a. the subject matter on which each expert is expected to testify; b. the substance of the facts and opinions on which each expert is expected to testify; c. the qualifications of each expert witness; d. a summary of the grounds for each expert's opinion; e. if you have not retained an expert by the above-specified time, please advise so in writing; f. wheñêver an expert is retained, you are hereby required to give notice to the undersigned, and answer the above demands pursuant to CPLR § 3101(d); and g. identify the documents which were seen by each expert prior to the formation of each expert's opinion (Avila v. State of New York, 132 Misc.2d 1068). PLEASE TAKE FURTHER NOTICE, if you do not have any information relating to the above, submit a letter or áffidavit so stating within twenty (20) days of the service of this Notice. PLEASE TAKE FURTHER NOTICE that this demand is of a continuing character and nature. Ifadditic·nal information or documents within the scope of demand becomes available any to you, your client and/or your client's representatives after you have initially responded hereto, demand is hereby made that you furnish such additional information and documêñts to the undersigned. {8507399:} 3 Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 06/28/2021 04:55 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/28/2021 IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law and will object at the time of trialto the admission of any material or testimony from any witness which was not di-ched in response to this discovery demand in a timely manner. DATED: June 18, 2021 Rochester, New York WOODS OVIATT GILMAN LLP By: s:/Greta K. Kolcon Greta K. Kolcon, Esq. Attorneys for Defendant 1900 Bausch & Lomb Place Rochester, New York 14604 585.987.2800 TO: Robert J. Smith, Esq. Attorneys for Plaintiff 21 1 West Jefferson Street Syracuse, NY 13202 315.422.1152 (8507399:) Woods Oviatt Gihnan LLP 1900Bausch & Lomb Place New Rochester, York 14604