Preview
FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- NOTICE FOR DISCOVERY &
INSPECTION TO SUTTER
THE CITY OF NEW YORK, BELMONT RE, AVENUE REALTY CO. LLC
LLC and SUTTER AVENUE REALTY CO. LLC,
Defendants.
X
SUTTER AVENUE REALTY CO., LLC,
Third-Party Plaintiff,
-against-
TR1NCHESE IRON WORKS & CONSTRUCTION
INC.,
Third-Party Defendant.
-X
PLEASE TAKE NOTICE, that Third-Party Defendant, TR1NCHESE IRON WORKS
& CONSTRUCTION, INC., 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,
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FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020
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 complaints) 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
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 construction
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 Trinchese Iron Works &
Construction, Inc. or its employees or agents pertaining to the subject accident or the property
located at 333A Van Sinderen Avenue, Brooklyn, New York or the property located at 222
Belmont 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
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FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020
serve as a basis for a motion, at the time of trial or prior thereto, for the appropriate relief
pursuant to the C.P.L.R.
Dated: New York, New York
December 23, 2020
NEWMAN LAW ASSOCIATES PLLC
ff D. Warshaw, Esq.
Attorneys for Defendant and Third-Party
Defendant
BELMONT RE. LLC and TRINCHESE IRON
WORKS & CONSTRUCTION INC.
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/Third-Party
Plaintiff
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, PlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
3
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FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020
Index No.: 512147/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------X
LUIS ALBERTO HERRERA,
Plaintiff,
-against-
THE CITY OF NEW YORK, BELMONT RE LLC and
SUTTER AVENUE REALTY CO., LLC,
Defendants.
-------------------------------------------------------------------------X
_____________________________________________________________________________
NOTICE FOR DISCOVERY & INSPECTION
TO SUTTER AVENUE REALTY CO. LLC
______________________________________________________________________________
NEWMAN LAW ASSOCIATES PLLC
Attorneys for Defendant
BELMONT RE LLC
111 John Street - Suite 1500
New York, New York 10038
Phone: 212.945.1010
Facsimile: 212.627.2077
_____________________________________________________________________________________
PURSUANT TO 22 NYCRR 130.1., THE UNDERSIGNED, AN ATTORNEY ADMITTED TO PRACTICE IN
THE COURTS OF THE STATE OF NEW YORK, CERTIFIES THAT, UPON INFORMATION AND BELIEF
AND REASONABLE INQUIRY, THAT CONTENTIONS CONTAINED IN THE ANNEXED DOCUMENT ARE
NOT FRIVOLOUS
Dated: New York, New York
December 23, 2020
Jason D. Warshaw, Esq.
By: Jason D. Warshaw, Esq.
Please take Notice:
Notice of Entry Notice of Settlement
That the within is a true [certified] copy PLEASE TAKE NOTICE that the within proposed
of a _____________duly entered in the _____________________will be presented for settlement
&
office of the clerk of the within named signature to the Hon one of the Judges of the
Courthouse within named Courthouse on
______________ on______________________ at ______________ at_______________________
_____________________________________________________________________________________
Dated:
Yours etc,
NEWMAN LAW ASSOCIATES PLLC
Attorneys for Defendant
111 John Street, Suite 1500, New York, NY 10038
Phone: 212.945.1010; Facsimile: 212.627.2077
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Preview
FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- NOTICE FOR DISCOVERY & INSPECTION TO SUTTER THE CITY OF NEW YORK, BELMONT RE, AVENUE REALTY CO. LLC LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. X SUTTER AVENUE REALTY CO., LLC, Third-Party Plaintiff, -against- TR1NCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. -X PLEASE TAKE NOTICE, that Third-Party Defendant, TR1NCHESE IRON WORKS & CONSTRUCTION, INC., 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, 1 of 4 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020 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 complaints) 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 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 construction 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 Trinchese Iron Works & Construction, Inc. or its employees or agents pertaining to the subject accident or the property located at 333A Van Sinderen Avenue, Brooklyn, New York or the property located at 222 Belmont 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 2 2 of 4 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020 serve as a basis for a motion, at the time of trial or prior thereto, for the appropriate relief pursuant to the C.P.L.R. Dated: New York, New York December 23, 2020 NEWMAN LAW ASSOCIATES PLLC ff D. Warshaw, Esq. Attorneys for Defendant and Third-Party Defendant BELMONT RE. LLC and TRINCHESE IRON WORKS & CONSTRUCTION INC. 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/Third-Party Plaintiff SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, PlOOr 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 4 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2020 Index No.: 512147/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X LUIS ALBERTO HERRERA, Plaintiff, -against- THE CITY OF NEW YORK, BELMONT RE LLC and SUTTER AVENUE REALTY CO., LLC, Defendants. -------------------------------------------------------------------------X _____________________________________________________________________________ NOTICE FOR DISCOVERY & INSPECTION TO SUTTER AVENUE REALTY CO. LLC ______________________________________________________________________________ NEWMAN LAW ASSOCIATES PLLC Attorneys for Defendant BELMONT RE LLC 111 John Street - Suite 1500 New York, New York 10038 Phone: 212.945.1010 Facsimile: 212.627.2077 _____________________________________________________________________________________ PURSUANT TO 22 NYCRR 130.1., THE UNDERSIGNED, AN ATTORNEY ADMITTED TO PRACTICE IN THE COURTS OF THE STATE OF NEW YORK, CERTIFIES THAT, UPON INFORMATION AND BELIEF AND REASONABLE INQUIRY, THAT CONTENTIONS CONTAINED IN THE ANNEXED DOCUMENT ARE NOT FRIVOLOUS Dated: New York, New York December 23, 2020 Jason D. Warshaw, Esq. By: Jason D. Warshaw, Esq. Please take Notice: Notice of Entry Notice of Settlement That the within is a true [certified] copy PLEASE TAKE NOTICE that the within proposed of a _____________duly entered in the _____________________will be presented for settlement & office of the clerk of the within named signature to the Hon one of the Judges of the Courthouse within named Courthouse on ______________ on______________________ at ______________ at_______________________ _____________________________________________________________________________________ Dated: Yours etc, NEWMAN LAW ASSOCIATES PLLC Attorneys for Defendant 111 John Street, Suite 1500, New York, NY 10038 Phone: 212.945.1010; Facsimile: 212.627.2077 4 of 4