On July 12, 2020 a
Party Notice
was filed
involving a dispute between
Luis Alberto Herrera,
and
Belmont Re, Llc,
Sutter Avenue Realty Co. Llc,
The City Of New York,
Trinchese Iron Works & Construction Inc,
for Torts - Other Negligence (Personal Injury)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------- ------------ X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
NOTICE FOR DISCOVERY &
-against- INSPECTION TO SUTTER
AVENUE REALTY CO. LLC
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
------------------------------------------------ ---- X
PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys,
NEWMAN LAW ASSOCIATES PLLC, hereby demands, pursuant to Article 31 of the C.P.L.R.
and pertinent case law, that SUTTER AVENUE REALTY CO. LLC provide to said attorneys at
111 John Street, Suite 1500, New York, New York 10038 within thirty (30) days of the date of
this Notice, the following:
1. True and accurate copies of any and all leases for the property located at 333A
Van Sinderen Avenue, Brooklyn, New York as of the date of the subject accident;
2. True and accurate copies of any and all insurance policies pertaining to 333A Van
Sinderen Avenue, Brooklyn, New York in effect as of the date of the subject accident;
3. Any and all violations for the property located at 333A Van Sinderen Avenue,
Brooklyn, New York (including sidewalk violations) for a period of five (5) years prior to the
date of the subject accident to the present;
4. Any and all complaints for the property located at 333A Van Sinderen Avenue,
Brooklyn, New York (including sidewalk cornplaints) for a period of five (5) years prior to the
date of the subject accident (including the date of the subject accident) to the present;
5. Any and all lawsuits brought against Sutter Avenue Realty Co. LLC for a period
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FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020
of five (5) years prior to the date of the subject accident to the present;
6. True and accurate copies of all repair logs/records for the subject sidewalk for a
period of five (5) years prior to the date of the subject accident to the present;
7. True and accurate copies of all inspection logs/records for the subject sidewalk for
a period of five (5) years prior to the date of the subject accident to the present;
8. True and accurate copies of any and all contracts/agreements for coilstruction
performed at 333A Van Sinderen Avenue, Brooklyn, New York for a period of five (5) years
prior to the date of the accident to the present;
9. A copy of all surveillance videos/photos of the subject accident;
10. True and accurate copies of any and all statements of Belmont Re. LLC or its
employees or agents pertaining to the subject accident or the property located at 333A Van
Sinderen Avenue, Brooklyn, New York.
PLEASE TAKE NOTICE, that this Notice is a continuing demand and all responsive
information that subsequently is made known or becomes available shall be furnished to the
undersigned in a timely fashion.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this Notice will
serve as a basis for a motion, at the time of trial or prior thereto, for the appropriate relief
pursuant to the C.PL.R.
Dated: New York, New York
September 30, 2020
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FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020
NEWMAN LAW ASSOCIATES PLLC
By:
. arshaw, sq.
orneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, Floor
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, FlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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Document Filed Date
September 30, 2020
Case Filing Date
July 12, 2020
Category
Torts - Other Negligence (Personal Injury)
Status
Disposed-Court Date/Application Pending
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FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------- ------------ X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, NOTICE FOR DISCOVERY & -against- INSPECTION TO SUTTER AVENUE REALTY CO. LLC THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ------------------------------------------------ ---- X PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys, NEWMAN LAW ASSOCIATES PLLC, hereby demands, pursuant to Article 31 of the C.P.L.R. and pertinent case law, that SUTTER AVENUE REALTY CO. LLC provide to said attorneys at 111 John Street, Suite 1500, New York, New York 10038 within thirty (30) days of the date of this Notice, the following: 1. True and accurate copies of any and all leases for the property located at 333A Van Sinderen Avenue, Brooklyn, New York as of the date of the subject accident; 2. True and accurate copies of any and all insurance policies pertaining to 333A Van Sinderen Avenue, Brooklyn, New York in effect as of the date of the subject accident; 3. Any and all violations for the property located at 333A Van Sinderen Avenue, Brooklyn, New York (including sidewalk violations) for a period of five (5) years prior to the date of the subject accident to the present; 4. Any and all complaints for the property located at 333A Van Sinderen Avenue, Brooklyn, New York (including sidewalk cornplaints) for a period of five (5) years prior to the date of the subject accident (including the date of the subject accident) to the present; 5. Any and all lawsuits brought against Sutter Avenue Realty Co. LLC for a period 1 of 3 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020 of five (5) years prior to the date of the subject accident to the present; 6. True and accurate copies of all repair logs/records for the subject sidewalk for a period of five (5) years prior to the date of the subject accident to the present; 7. True and accurate copies of all inspection logs/records for the subject sidewalk for a period of five (5) years prior to the date of the subject accident to the present; 8. True and accurate copies of any and all contracts/agreements for coilstruction performed at 333A Van Sinderen Avenue, Brooklyn, New York for a period of five (5) years prior to the date of the accident to the present; 9. A copy of all surveillance videos/photos of the subject accident; 10. True and accurate copies of any and all statements of Belmont Re. LLC or its employees or agents pertaining to the subject accident or the property located at 333A Van Sinderen Avenue, Brooklyn, New York. PLEASE TAKE NOTICE, that this Notice is a continuing demand and all responsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely fashion. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Notice will serve as a basis for a motion, at the time of trial or prior thereto, for the appropriate relief pursuant to the C.PL.R. Dated: New York, New York September 30, 2020 2 2 of 3 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/30/2020 NEWMAN LAW ASSOCIATES PLLC By: . arshaw, sq. orneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, Floor New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, FlOOr New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 3 3 of 3