Preview
FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------ --------------------- X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- RESPONSE TO DEMAND FOR
DISCOVERY OF EXPERT
THE CITY OF NEW YORK, BELMONT RE, WITNESS
LLC and SUTTER AVENUE REALTY CO. LLC,
Defendants.
-- ------------------------------------------------X
SUTTER AVENUE REALTY CO., LLC,
Third-Party Plaintiff,
-against-
TRINCHESE IRON WORKS & CONSTRUCTION
INC.,
Third-Party Defendant.
------------------------------------- ----------------X
Defendant and Third-Party Defendant, BELMONT RE. LLC and TRINCHESE IRON
WORKS & COSTRUCTION INC., by their attorneys, NEWMAN LAW ASSOCIATES PLLC,
hereby respond to Plaintiff's Demand for Discovery of Expert Witness dated February 16, 2021,
as follows:
GENERAL OBJECTIONS
i. Defendant and Third-Party Defendant object to all instructions, definitions, and
requests to the extent that they are not in compliance with the New York Civil Practice Law and
Rules ("CPLR") and are vague, ambiguous, incomprehensible, overly broad, oppressive, unduly
burdensome, palpably improper, intended to harass, not limited in time and scope, irrelevant, not
reasonably calculated to lead to the discovery of admissible evidence, and neither material nor
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FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021
necessary in the prosecution of this litigation. Defendant and Third-Party Defendant further
object to all instructions, definitions, and requests to the extent that they seek documents not in
possession, custody, or control of Defendant or Third-Party Defendant or refer to persons,
entities or capacities not known to Defendant or Third-Party Defendant;
ii. Defendant and Third-Party Defendant object to all instructions, definitions, and
requests to the extent that they seek documents already in the custody or control of Plaintiff or
are more readily available to Plaintiff through public records;
iii. Defendant and Third-Party Defendant object to all instructions, definitions, and
requests to the extent that they seek documents containing communications or other matters
protected by the attorney-client privilege, the work product doctrine, material prepared in
anticipation of litigation, or any other privilege or rule of confidentiality. Such documents shall
not be produced in response hereto, and any inadvertent production shall not be deemed a waiver
of any privilege or immunity. Defendant and Third-Party Defendant further object to PlaintifPs
Demands insofar as they seek information related to the mental impressions, legal conclusions,
opinions, or theories of any attorney or other representative of Defendant or Third-Party
Defendant;
iv. Defendant and Third-Party Defendant object to Plaintiffs demands insofar as they
purport to call for legal conclusions;
v. Defendant's and Third-Party Defendant's investigation of the facts concerning
this action is ongoing. Defendant's and Third-Party Defendant's responses and objections are
based upon information available at present, and they reserve the right to supplement, amend,
and/or correct its responses and objections at any time, up to and including at the time of trial.
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FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021
Defendant and Third-Party Defendant further reserve the right to make any use of, or introduce
at any hearing and at trial, documents not known to exist at this time, including but not limited
to, those documents obtained in discovery herein; and
vi. Each of the above general objections is incorporated into each and every response
set forth below, even if not expressly stated therein, and each response is made without a waiver
of any such general objection.
RESPONSE TO DEMAND FOR DISCOVERY OF EXPERT WITNESS
1-4. Defendant and Third-Party Defendant specifically object to this demand as
prersature as discovery is stillongoing. Subject to and without waiving this objection and
further subject to and without waiving the General Objections stated above, to the extent this
demand seeks the disclosure of information or opinions in excess of the disclosure mandated by
CPLR 3101(d), itis objected to. The appropriate expert disclosure(s) will be made in accordance
with the applicable provision(s) of CPLR 3101(d).
Dated: New York, New York
December 1, 2021
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FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021
NEWMAN LAW ASSOCIATES P
By:
J . Warshaw, Esq.
orneys for Defendant and Third-Party
Defendant
BELMONT RE. LLC and TRINCHESE IRON
WORKS & CONSTRUCTION lNC.
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUB1N 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
28*
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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FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021
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
SUTTER AVENUE REALTY CO., LLC,
Third-Party Plaintiff,
-against-
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant.
_
___________ _ __ ___ _ ___ ._ __________ -----X
RESPONSE TO DEMAND FOR DISCOVERY OF EXPERT WITNESS
NEWMAN LAW ASSOCIATES PLLC
Attorneysfor Defendant
BELMONT RE LLC and
TRINCHESE IRON WORKS
And CONSTRUCTION INC,
111 John Street- Suite1500
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 1,2021
eforn G C3kParsham
Erg
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 thatthe within proposed
of a duly entered inthe will be presented forsettlement &
office of theclerkof thewithin named sigñatürcto theHon one of theJudges of theCourthouse
within named Courthouse on
on at at
...__
Dated:
Yours etc,
NEWMAN LAW ASSOCIATES PLLC
Attorneys for Defendants
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 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------ --------------------- X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- RESPONSE TO DEMAND FOR DISCOVERY OF EXPERT THE CITY OF NEW YORK, BELMONT RE, WITNESS LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. -- ------------------------------------------------X SUTTER AVENUE REALTY CO., LLC, Third-Party Plaintiff, -against- TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. ------------------------------------- ----------------X Defendant and Third-Party Defendant, BELMONT RE. LLC and TRINCHESE IRON WORKS & COSTRUCTION INC., by their attorneys, NEWMAN LAW ASSOCIATES PLLC, hereby respond to Plaintiff's Demand for Discovery of Expert Witness dated February 16, 2021, as follows: GENERAL OBJECTIONS i. Defendant and Third-Party Defendant object to all instructions, definitions, and requests to the extent that they are not in compliance with the New York Civil Practice Law and Rules ("CPLR") and are vague, ambiguous, incomprehensible, overly broad, oppressive, unduly burdensome, palpably improper, intended to harass, not limited in time and scope, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor 1 of 5 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021 necessary in the prosecution of this litigation. Defendant and Third-Party Defendant further object to all instructions, definitions, and requests to the extent that they seek documents not in possession, custody, or control of Defendant or Third-Party Defendant or refer to persons, entities or capacities not known to Defendant or Third-Party Defendant; ii. Defendant and Third-Party Defendant object to all instructions, definitions, and requests to the extent that they seek documents already in the custody or control of Plaintiff or are more readily available to Plaintiff through public records; iii. Defendant and Third-Party Defendant object to all instructions, definitions, and requests to the extent that they seek documents containing communications or other matters protected by the attorney-client privilege, the work product doctrine, material prepared in anticipation of litigation, or any other privilege or rule of confidentiality. Such documents shall not be produced in response hereto, and any inadvertent production shall not be deemed a waiver of any privilege or immunity. Defendant and Third-Party Defendant further object to PlaintifPs Demands insofar as they seek information related to the mental impressions, legal conclusions, opinions, or theories of any attorney or other representative of Defendant or Third-Party Defendant; iv. Defendant and Third-Party Defendant object to Plaintiffs demands insofar as they purport to call for legal conclusions; v. Defendant's and Third-Party Defendant's investigation of the facts concerning this action is ongoing. Defendant's and Third-Party Defendant's responses and objections are based upon information available at present, and they reserve the right to supplement, amend, and/or correct its responses and objections at any time, up to and including at the time of trial. 2 2 of 5 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021 Defendant and Third-Party Defendant further reserve the right to make any use of, or introduce at any hearing and at trial, documents not known to exist at this time, including but not limited to, those documents obtained in discovery herein; and vi. Each of the above general objections is incorporated into each and every response set forth below, even if not expressly stated therein, and each response is made without a waiver of any such general objection. RESPONSE TO DEMAND FOR DISCOVERY OF EXPERT WITNESS 1-4. Defendant and Third-Party Defendant specifically object to this demand as prersature as discovery is stillongoing. Subject to and without waiving this objection and further subject to and without waiving the General Objections stated above, to the extent this demand seeks the disclosure of information or opinions in excess of the disclosure mandated by CPLR 3101(d), itis objected to. The appropriate expert disclosure(s) will be made in accordance with the applicable provision(s) of CPLR 3101(d). Dated: New York, New York December 1, 2021 3 3 of 5 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021 NEWMAN LAW ASSOCIATES P By: J . Warshaw, Esq. orneys for Defendant and Third-Party Defendant BELMONT RE. LLC and TRINCHESE IRON WORKS & CONSTRUCTION lNC. 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUB1N 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 28* 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 4 4 of 5 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/02/2021 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 SUTTER AVENUE REALTY CO., LLC, Third-Party Plaintiff, -against- TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. _ ___________ _ __ ___ _ ___ ._ __________ -----X RESPONSE TO DEMAND FOR DISCOVERY OF EXPERT WITNESS NEWMAN LAW ASSOCIATES PLLC Attorneysfor Defendant BELMONT RE LLC and TRINCHESE IRON WORKS And CONSTRUCTION INC, 111 John Street- Suite1500 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 1,2021 eforn G C3kParsham Erg 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 thatthe within proposed of a duly entered inthe will be presented forsettlement & office of theclerkof thewithin named sigñatürcto theHon one of theJudges of theCourthouse within named Courthouse on on at at ...__ Dated: Yours etc, NEWMAN LAW ASSOCIATES PLLC Attorneys for Defendants 111 John Street,Suite 1500, New York, NY 10038 Phone: 212.945.1010; Facsimile: 212.627.2077 5 of 5