Preview
FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x Index No.: 512147/2020(ECF)
LUIS ALBERTO HERRERA,
Plaintiff,
RESPONSE TO THIRD-
v. PARTY DEFENDANT’S
NOTICE FOR DISCOVERY
THE CITY OF NEW YORK, BELMONT RE, LLC AND AND INSPECTION DATED
SUTTER AVENUE REALTY CO., LLC., DECEMBER 23, 2020
Defendants.
----------------------------------------------------------------------x
----------------------------------------------------------------------x
SUTTER AVENUE REALTY CO., LLC
Third-Party Plaintiff,
v.
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant,
----------------------------------------------------------------------x
PLEASE TAKE NOTICE that Defendant/Third Party Plaintiff, Sutter Avenue Realty Co.
LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, responds to Defendant, Belmont RE LLC
and Third Party Defendant, Trinchese Iron Works & Construction’s Notice for Discovery and
Inspection dated December 23, 2020 as follows:
1. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims.
2. Please be advised that we have been informed by the Chubb Group of Insurance
Companies, a division of Federal Insurance Company, that there is $1,000,000 primary
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FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021
coverage issued by Federal Insurance Company, policy number 36005973, with a
$2,000,000 aggregate applicable to this litigation. Please be further advised that we have
also been informed of the following excess coverage written by Merchants Insurance
Group, policy number CU002959-01, with a limit of $4,000,000 applicable to this
litigation.
3. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims. Without waiving said objection, none.
4. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims. Without waiving said objection, none.
5. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims.
6. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims. Without waiving said objection, none.
7. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, and not reasonably limited in time and scope, irrelevant and seeks
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FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims. Without waiving said objection, none.
8. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad,
intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks
disclosure of documents or records not reasonably calculated to lead to the discovery of
information bearing on the claims. Without waiving said objection, none.
9. Defendant/Third Party Plaintiff herein is not in possession of any surveillance
videos/photographs of the subject accident.
10. Defendant/Third Party Plaintiff herein is not in possession of any responsive documents.
Defendant/Third Party Plaintiff hereby reserves the right to amend and/or supplement this
response up to and including the time of trial.
DATED: January 15, 2021
New York, New York
Yours, etc.,
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party
Plaintiff
Sutter Avenue Realty Co. LLC
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
By: ___________________________
Daniel P. Rocco
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FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021
Index No.: 512147/2020(ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LUIS ALBERTO HERRERA,
Plaintiff,
-against-
THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER
AVENUE REALTY CO., LLC.,
Defendants.
AND THIRD-PARTY ACTION.
RESPONSE TO THIRD-PARTY DEFENDANT’S NOTICE FOR DISCOVERY AND
INSPECTION DATED DECEMBER 23, 2020
_______________________________________________________________
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party Plaintiff
Sutter Avenue Realty Co. LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
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Preview
FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x Index No.: 512147/2020(ECF) LUIS ALBERTO HERRERA, Plaintiff, RESPONSE TO THIRD- v. PARTY DEFENDANT’S NOTICE FOR DISCOVERY THE CITY OF NEW YORK, BELMONT RE, LLC AND AND INSPECTION DATED SUTTER AVENUE REALTY CO., LLC., DECEMBER 23, 2020 Defendants. ----------------------------------------------------------------------x ----------------------------------------------------------------------x SUTTER AVENUE REALTY CO., LLC Third-Party Plaintiff, v. TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant, ----------------------------------------------------------------------x PLEASE TAKE NOTICE that Defendant/Third Party Plaintiff, Sutter Avenue Realty Co. LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, responds to Defendant, Belmont RE LLC and Third Party Defendant, Trinchese Iron Works & Construction’s Notice for Discovery and Inspection dated December 23, 2020 as follows: 1. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. 2. Please be advised that we have been informed by the Chubb Group of Insurance Companies, a division of Federal Insurance Company, that there is $1,000,000 primary 1 of 4 FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021 coverage issued by Federal Insurance Company, policy number 36005973, with a $2,000,000 aggregate applicable to this litigation. Please be further advised that we have also been informed of the following excess coverage written by Merchants Insurance Group, policy number CU002959-01, with a limit of $4,000,000 applicable to this litigation. 3. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. Without waiving said objection, none. 4. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. Without waiving said objection, none. 5. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. 6. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. Without waiving said objection, none. 7. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, and not reasonably limited in time and scope, irrelevant and seeks 2 of 4 FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021 disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. Without waiving said objection, none. 8. Defendant/Third Party Plaintiff objects to this request to the extent it is overbroad, intrusive, immaterial, not reasonably limited in time and scope, irrelevant and seeks disclosure of documents or records not reasonably calculated to lead to the discovery of information bearing on the claims. Without waiving said objection, none. 9. Defendant/Third Party Plaintiff herein is not in possession of any surveillance videos/photographs of the subject accident. 10. Defendant/Third Party Plaintiff herein is not in possession of any responsive documents. Defendant/Third Party Plaintiff hereby reserves the right to amend and/or supplement this response up to and including the time of trial. DATED: January 15, 2021 New York, New York Yours, etc., EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff Sutter Avenue Realty Co. LLC 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By: ___________________________ Daniel P. Rocco 3 of 4 FILED: KINGS COUNTY CLERK 01/15/2021 03:42 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 01/15/2021 Index No.: 512147/2020(ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LUIS ALBERTO HERRERA, Plaintiff, -against- THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER AVENUE REALTY CO., LLC., Defendants. AND THIRD-PARTY ACTION. RESPONSE TO THIRD-PARTY DEFENDANT’S NOTICE FOR DISCOVERY AND INSPECTION DATED DECEMBER 23, 2020 _______________________________________________________________ EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff Sutter Avenue Realty Co. LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 4 of 4