Preview
FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 47 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 NOTICE OF
DISCOVERY AND INSPECTION
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
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 Notice of Discovery & Inspection 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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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 Plaintiffs
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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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 NOTICE FOR DISCOVERY & INSPECTION
1. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to and without waiving these objections and further subject
to and without waiving the general objections stated above, Defendant and Third-Party
Defendant are insured by Chaucer/Lloyd's of London, Policy #: B0146GLUSA1900012 with
limits of $2,000,000 per occurrence and $4,000,000 aggregate - period
policy policy February
2019 - 2020.
22, February 22,
2. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to and without waiving these objections and further subject
to and without waiving the general objections stated above, to the extent it exists, any
information regarding excess/umbrella coverage will be provided under separate cover.
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3. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to and without waiving these objections and furthersubject
to and without waiving the general objections stated above, Defendst and Third-Party
Defendant are not in possession of any statements other than those statements which may be
contained in Plaintiff's medical records.
4. Defendant and Third-Party Defendant are not in possession of any such
photographs.
5. Defendet and Third-Party Defendant are currently not aware of any witnesses to
Plaintiffs accident. However, Defendant and Third-Party Defendant reserve the right to call at
trialany individual identified duringdiscovery.
6. Defendantand Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to andwithout waiving these objections and further subject
to and without waiving the general objections stated above, Defendant and Third-Party
Defendant are currently not aware of any such witnesses. However, Defendant and Third-Party
Defendant reserve theright to call at trialany individual identified duringdiscovery.
7. Defendant and Third-Party Defendant are not aware of any such reports.
8. Defendant and Third-Party Defendant are not in possession of any such
photographs other than those which may have been exchanged by Plaintiff's counsel.
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9. Defendant and Third-Party Defendant are not aware of any such reports.
10. Defendant and Third-Party Defendant are not aware of any such report.
11. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably caledated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to and without waiving these objections and further subject
to and without waiving the general objections stated above, Defendant and Third-Party
Defendant are currently not aware of any such individuals. However, Defendant and Third-Party
Defendant reserve the right to call at trialany individual identified during discovery.
12. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation. Subject to and without waiving these objections and further subject
to and without waiving the general objections stated above, Neil Trinchese. However, Defendant
and Third-Party Defendant reserve the right to call at trial any individual identified during
discovery.
13. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, and neither material nor necessary in the
prosecution of this litigation.
14. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
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lead to the discovery of admissible evidence, not limited in scope, and neither mateiial nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant are not aware of any such contracts.
15. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
16. Defendant and Third-Party Defendant are not in possession of any such
photographs other than those which may have been exchanged by Plaintiff's counsel.
17. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
18. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdeñsome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
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and further subject to and without waiving the general objections stated above, none relating to
Defendant's property.
19. Defendant/Third-Party Defendant objects to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessaw in the prosecution of this litigation.
20. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither materiãl nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant are currently unaware of the identities of any individuals who were
present on Defendant's/Third-Party Defendant's premises (if any) on the date of Plaintiff's
accident.
21. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
22. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
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lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
23. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
24. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, Defendant and
Third-Party Defendant do not possess any such information.
25. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, none.
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26. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without waiving the general objections stated above, none.
27. See lease annexed hereto as Exhibit "A".
28. Defendant and Third-Party Defendant object to this demand as vague, ambiguous,
overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to
lead to the discovery of admissible evidence, not limited in scope, and neither material nor
necessary in the prosecution of this litigation. Subject to and without waiving these objections
and further subject to and without the general objections stated above, Plaintiff and
waiving
Sutter Avenue Realty Co. LLC.
Dated: New York, New York
December 1, 2021
NEWMAN LAW ASSOC TES PLLC
By:
Jas . Warsha sq.
orneys 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
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TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, PlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third-Party
Plaintiff
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
10
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EXHIBIT A
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COMMERCIAL LEASE
This Lease Agreement (this "Lease") is dated as of July 01, 2016, by and betweeñ Belmont Re
("Landlord"), and Trinchese Iron Works & Construction ("Tenant"). The parties agree as follows:
PREMINE$. Landlord, in consideration of the lease payments provided in thisLease, leases to
Tenefit he (the "Premises") located at 218-240 Belmont Ave, Brooklyn, NY
112074
TERM. The lease term will begin on July 01, 2016 and will terminate on July 01, 2021.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly installraeñts of $9,500.00, payable
, in advance on the third day of each month. Lease payments shall be made to the Landlord at 222
Belmont Avenue, Brooklyn, New York 11207. The payment address may be changed from time
to time by the Landlord.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease,
and shall yield possession to Landlord on the lastday of the term of this Lease, unless otherwise
agreed by both parties in writing. At the expiratioñ of the term, Tenant shall remove itsgoods and
effects and peaceably yield up the Premises to Landlord in as good a ccñdities as when delivered
to Tenant, ordinary wear and tear excepted.
EXCLUSIVITY. Landlord shall not directly or indirectly,through any employee, agent, or
otherwise, lease any space within the property (except the Premises herein described), or permit
the use oroccupancy of any such space whose primary business activity is in,or may result in,
competition with the Tenants primary business activity.The Landlord hereby gives the Tenant the
exclusive right to conduct their primary business activity on the property.
PROPERTY INSURANCE. Landlord and Tenant shall each maintain appropriate insurance for
their respective interests in the Premises and property located on the Premises. Landlord shall be
named as an additional insured in such policies.Tenant shalldeliver appropriate evidence to
Landlord as proof that adeqate insurance is inforce issued by ccmpanies reasonably satisfactory
to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination
of such insurance policies. Tenant shall also maintain any other insurance which Landlord may
reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible
for maintaining casualty insurance on its own property.
LIABILITY INSURANCE. Tenant shallmaintain i=ra= on the Premises in a total
liability
aggregate sum of at least $250,000.00. Tenant shall deliver appropriate evideñce to Landlord as
proof that adequate insurance is inforce issued by compmies ressonably eatisfactory to Landlord.
Landlord shall receive advance written notice from the insurer prior to any termination of such
insurance policies.
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TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as
follows:
REAL ESTATE TAXES. Landlord shall pay allreal estate taxes and assessments for the
Premises.
PERSONAL TAXES. Landlord shall pay allpersonal taxes and any other charges which
may be levied against the Premises and which are attributable to Tenant's use of the Premises,
along with allsales and/or use taxes (ifany) thatmay be due in connection with lease
payments.
DESTRUCTION OR CONDEMNATION OF PREMISES. Ifthe Premises are partially
destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use ofthe
Premises in a normal manner, and ifthe damage isreasonably repairable within sixty days after the
occurrence of the destruction, and ifthe cost of repair is lessthan $50,000.00, Landlord shall
repair the Premises and a just proportion of the lease payments shall abate during the period of the
repair according to the extent to which the Premises have been rendered untenantable. However, if
the damage is not repairable within sixty days, or ifthe cost of repair is $50,000.00 or more, or if
Landlord isprevented from repairing the damage by forces beyond Landlord's control, or ifthe
days'
property is condemned, thisLease shallterminate upon twenty written notice of such event
or condition by either party and any üñêarñed rent paid in advance by Tenant shall be apportioned
and refunded to it.Tenant shall give Landlord imniediate notice of any damage to the Premises.
DEFAULTS. Tenant shall be in default of thisLease ifTenant failsto fulfillany leaseobligation or
term by which Tenant is bound. Subject to any goveming provisions of law to the contrary, if
Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days)
after written notice of such default is provided by Landlord to Tenant, Landlord may take
possession of the Premises without further notice (to the extent permitted by law), and without
prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default
and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant
shall pay allcosts, damages, and expenses (including reasonable attorney fees and expenses)
suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be
paid by Tenant under thisLease shall be additional rent, whether or not such sums or charges are
desigñated as "additional rent". The rights provided by this paragraph are cumulative in nature and
are in addition to any other rights afforded by law.
HOLDOVER. If Tenant maintains possession of the Premises for period after the tar=inatian
any
of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the
Holdover Period at a rateequal to the most recent rate preceding the Holdover Period. Such
holdover shallconstitute a month-to-month extension of thisLease.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall
not be construed as exclusive unless otherwise required by law.
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NON-SUFFICIENT FUNDS. Tenant shallbe charged $50.00 for each check that is returned to
Landlord for lack of sufficient funds.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing
and forwarded by mail,postage prepaid, addressed as follows:
LANDLORD:
Belmont Re
222 Belmont Avenue
Brooklyn, New York 11207
TENANT:
Trinchese Iron Works & Construction
234 Belmont Avenue
Brooklyn, New York 11207
Such addresses may be deñged from time to time by any party by providing notice as set forth
above. Notices mailed in accordance with the above provisions shall be deemed received on the
third day after posting.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of
New York.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire
agreement of the parties and there are no otherpromise, conditions, understandings or other
agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be
modified or amended in writing, ifthe writing is signed by the party obligated under the
amendment.
SEVERABILITY. If any portion of thisLease shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Lease isinvalid or uneferceable, but that by usiting such provision, itwould
become valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
WAIVER. The failure of eitherparty to enforce any provisions of thisLease shallnot be
construed as a waiver or liulitationof that party's right to subsequently enforce and compel strict
compliance with every provision of thisLease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit
of both parties and their respective legal representatives, successors and assigns.
LANDLORD:
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Belmont Re
Date: July 01, 2015
Prehident
TENANT:
Trinchese Iron Works & Construction
Date: July 01, 2015
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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 NOTICE OF DISCOVERY AND INSPECTION
NEWMAN LAW ASSOCIATES PLLC
Attorneys forDefendant
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
claron G C¾fars/tam Gise
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 withinproposed
of a duly entered inthe will be presented for settlement&
office of theclerk of thewithin named signature to theHon one of theJudges of theCourthouse
within named Coüruicuse on
on at at
Dated:
Yours etc,
NEWMAN LAW ASSOCIATES PLLC
Attorneysfor Defendants
111 John Street,Suite 1500, New York, NY 10038
Phone: 212.945.1010; Facsimile: 212.627.2077
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FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 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 NOTICE OF DISCOVERY AND INSPECTION 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 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 Notice of Discovery & Inspection 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 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 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 Plaintiffs 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 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 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 NOTICE FOR DISCOVERY & INSPECTION 1. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant are insured by Chaucer/Lloyd's of London, Policy #: B0146GLUSA1900012 with limits of $2,000,000 per occurrence and $4,000,000 aggregate - period policy policy February 2019 - 2020. 22, February 22, 2. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, to the extent it exists, any information regarding excess/umbrella coverage will be provided under separate cover. 3 3 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 3. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and furthersubject to and without waiving the general objections stated above, Defendst and Third-Party Defendant are not in possession of any statements other than those statements which may be contained in Plaintiff's medical records. 4. Defendant and Third-Party Defendant are not in possession of any such photographs. 5. Defendet and Third-Party Defendant are currently not aware of any witnesses to Plaintiffs accident. However, Defendant and Third-Party Defendant reserve the right to call at trialany individual identified duringdiscovery. 6. Defendantand Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to andwithout waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant are currently not aware of any such witnesses. However, Defendant and Third-Party Defendant reserve theright to call at trialany individual identified duringdiscovery. 7. Defendant and Third-Party Defendant are not aware of any such reports. 8. Defendant and Third-Party Defendant are not in possession of any such photographs other than those which may have been exchanged by Plaintiff's counsel. 4 4 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 9. Defendant and Third-Party Defendant are not aware of any such reports. 10. Defendant and Third-Party Defendant are not aware of any such report. 11. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably caledated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant are currently not aware of any such individuals. However, Defendant and Third-Party Defendant reserve the right to call at trialany individual identified during discovery. 12. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Neil Trinchese. However, Defendant and Third-Party Defendant reserve the right to call at trial any individual identified during discovery. 13. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and neither material nor necessary in the prosecution of this litigation. 14. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to 5 5 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 lead to the discovery of admissible evidence, not limited in scope, and neither mateiial nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant are not aware of any such contracts. 15. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 16. Defendant and Third-Party Defendant are not in possession of any such photographs other than those which may have been exchanged by Plaintiff's counsel. 17. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 18. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdeñsome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections 6 6 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 and further subject to and without waiving the general objections stated above, none relating to Defendant's property. 19. Defendant/Third-Party Defendant objects to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessaw in the prosecution of this litigation. 20. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither materiãl nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant are currently unaware of the identities of any individuals who were present on Defendant's/Third-Party Defendant's premises (if any) on the date of Plaintiff's accident. 21. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 22. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to 7 7 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 23. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 24. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, Defendant and Third-Party Defendant do not possess any such information. 25. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, none. 8 8 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 26. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without waiving the general objections stated above, none. 27. See lease annexed hereto as Exhibit "A". 28. Defendant and Third-Party Defendant object to this demand as vague, ambiguous, overly broad, unduly burdensome, palpably improper, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, not limited in scope, and neither material nor necessary in the prosecution of this litigation. Subject to and without waiving these objections and further subject to and without the general objections stated above, Plaintiff and waiving Sutter Avenue Realty Co. LLC. Dated: New York, New York December 1, 2021 NEWMAN LAW ASSOC TES PLLC By: Jas . Warsha sq. orneys 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 9 9 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, PlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third-Party Plaintiff 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 10 10 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 EXHIBIT A 11 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 COMMERCIAL LEASE This Lease Agreement (this "Lease") is dated as of July 01, 2016, by and betweeñ Belmont Re ("Landlord"), and Trinchese Iron Works & Construction ("Tenant"). The parties agree as follows: PREMINE$. Landlord, in consideration of the lease payments provided in thisLease, leases to Tenefit he (the "Premises") located at 218-240 Belmont Ave, Brooklyn, NY 112074 TERM. The lease term will begin on July 01, 2016 and will terminate on July 01, 2021. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installraeñts of $9,500.00, payable , in advance on the third day of each month. Lease payments shall be made to the Landlord at 222 Belmont Avenue, Brooklyn, New York 11207. The payment address may be changed from time to time by the Landlord. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the lastday of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiratioñ of the term, Tenant shall remove itsgoods and effects and peaceably yield up the Premises to Landlord in as good a ccñdities as when delivered to Tenant, ordinary wear and tear excepted. EXCLUSIVITY. Landlord shall not directly or indirectly,through any employee, agent, or otherwise, lease any space within the property (except the Premises herein described), or permit the use oroccupancy of any such space whose primary business activity is in,or may result in, competition with the Tenants primary business activity.The Landlord hereby gives the Tenant the exclusive right to conduct their primary business activity on the property. PROPERTY INSURANCE. Landlord and Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Landlord shall be named as an additional insured in such policies.Tenant shalldeliver appropriate evidence to Landlord as proof that adeqate insurance is inforce issued by ccmpanies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Tenant shallmaintain i=ra= on the Premises in a total liability aggregate sum of at least $250,000.00. Tenant shall deliver appropriate evideñce to Landlord as proof that adequate insurance is inforce issued by compmies ressonably eatisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. 12 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES. Landlord shall pay allreal estate taxes and assessments for the Premises. PERSONAL TAXES. Landlord shall pay allpersonal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with allsales and/or use taxes (ifany) thatmay be due in connection with lease payments. DESTRUCTION OR CONDEMNATION OF PREMISES. Ifthe Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use ofthe Premises in a normal manner, and ifthe damage isreasonably repairable within sixty days after the occurrence of the destruction, and ifthe cost of repair is lessthan $50,000.00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or ifthe cost of repair is $50,000.00 or more, or if Landlord isprevented from repairing the damage by forces beyond Landlord's control, or ifthe days' property is condemned, thisLease shallterminate upon twenty written notice of such event or condition by either party and any üñêarñed rent paid in advance by Tenant shall be apportioned and refunded to it.Tenant shall give Landlord imniediate notice of any damage to the Premises. DEFAULTS. Tenant shall be in default of thisLease ifTenant failsto fulfillany leaseobligation or term by which Tenant is bound. Subject to any goveming provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay allcosts, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under thisLease shall be additional rent, whether or not such sums or charges are desigñated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. HOLDOVER. If Tenant maintains possession of the Premises for period after the tar=inatian any of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rateequal to the most recent rate preceding the Holdover Period. Such holdover shallconstitute a month-to-month extension of thisLease. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. 13 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 NON-SUFFICIENT FUNDS. Tenant shallbe charged $50.00 for each check that is returned to Landlord for lack of sufficient funds. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail,postage prepaid, addressed as follows: LANDLORD: Belmont Re 222 Belmont Avenue Brooklyn, New York 11207 TENANT: Trinchese Iron Works & Construction 234 Belmont Avenue Brooklyn, New York 11207 Such addresses may be deñged from time to time by any party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of New York. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no otherpromise, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, ifthe writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of thisLease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease isinvalid or uneferceable, but that by usiting such provision, itwould become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of eitherparty to enforce any provisions of thisLease shallnot be construed as a waiver or liulitationof that party's right to subsequently enforce and compel strict compliance with every provision of thisLease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. LANDLORD: 14 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/02/2021 Belmont Re Date: July 01, 2015 Prehident TENANT: Trinchese Iron Works & Construction Date: July 01, 2015 15 of 16 FILED: KINGS COUNTY CLERK 12/02/2021 12:38 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 47 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 NOTICE OF DISCOVERY AND INSPECTION NEWMAN LAW ASSOCIATES PLLC Attorneys forDefendant 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 claron G C¾fars/tam Gise 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 withinproposed of a duly entered inthe will be presented for settlement& office of theclerk of thewithin named signature to theHon one of theJudges of theCourthouse within named Coüruicuse on on at at Dated: Yours etc, NEWMAN LAW ASSOCIATES PLLC Attorneysfor Defendants 111 John Street,Suite 1500, New York, NY 10038 Phone: 212.945.1010; Facsimile: 212.627.2077 16 of 16