Preview
FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
LUIS ALBERTO HERRERA, Index No. 512147/2020 (ECF)
Plaintiff(s)
v. RESPONSE TO CASE
SCHEDULING ORDER
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO., LLC.,
Defendant(s)
x
SUTTER AVENUE REALTY CO., LLC
Third-Party Plaintiff(s)
v.
TRINCHESE IRON WORKS & CONSTRUCTION
INC.,
Third-Party Defendant(s)
x
PLEASE TAKE NOTICE, that Defendant/Third-Party Plaintiff, Sutter Avenue Realty
Co. LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, hereby responds to this Court's Case
Scheduling Order, as follows:
INSURANCE INFORMATION
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 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.
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FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021
WITNESSES
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not aware of any notice
and/or eyewitnesses to this alleged occurrence.
STATEMENTS OF OPPOSING PARTIES
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of
any adverse party statements.
PHOTOGRAPHS
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of
any photographs accurately depicting the scene of the alleged occurrence as it appeared at the
time of said occurrence.
ACCIDENT REPORT
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of a
copy of any incident/accident report referable to this alleged incident prepared by this/these
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC in the regular course of business.
EXPERT WITNESSES
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein has not yet decided who
it will call as expert witnesses to testify at the time of trial of this action, but hereby reserves all
such rights pursuant to CPLR § 3101 (d)(1).
Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC hereby reserves the
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FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021
right to amend and/or supplement this response up to and including the time of trial.
DATED: May 21, 2021
New York, New York
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:
Richard C. Prezioso
3
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FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021
Index No. 512147/2020 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LUIS ALBERTO HERRERA,
Plaintiff(s)
-against-
THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO.,
LLC.,
Defendant(s)
RESPONSE TO CASE SCHEDULING ORDER
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
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Preview
FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x LUIS ALBERTO HERRERA, Index No. 512147/2020 (ECF) Plaintiff(s) v. RESPONSE TO CASE SCHEDULING ORDER THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO., LLC., Defendant(s) x SUTTER AVENUE REALTY CO., LLC Third-Party Plaintiff(s) v. TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant(s) x PLEASE TAKE NOTICE, that Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, hereby responds to this Court's Case Scheduling Order, as follows: INSURANCE INFORMATION 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 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. 1 of 4 FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021 WITNESSES Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not aware of any notice and/or eyewitnesses to this alleged occurrence. STATEMENTS OF OPPOSING PARTIES Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of any adverse party statements. PHOTOGRAPHS Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of any photographs accurately depicting the scene of the alleged occurrence as it appeared at the time of said occurrence. ACCIDENT REPORT Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein is not in possession of a copy of any incident/accident report referable to this alleged incident prepared by this/these Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC in the regular course of business. EXPERT WITNESSES Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC herein has not yet decided who it will call as expert witnesses to testify at the time of trial of this action, but hereby reserves all such rights pursuant to CPLR § 3101 (d)(1). Defendant/Third-Party Plaintiff, Sutter Avenue Realty Co. LLC hereby reserves the 2 2 of 4 FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021 right to amend and/or supplement this response up to and including the time of trial. DATED: May 21, 2021 New York, New York 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: Richard C. Prezioso 3 3 of 4 FILED: KINGS COUNTY CLERK 05/21/2021 12:47 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/21/2021 Index No. 512147/2020 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LUIS ALBERTO HERRERA, Plaintiff(s) -against- THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO., LLC., Defendant(s) RESPONSE TO CASE SCHEDULING ORDER 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 4 of 4