Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/22/2022
EXHIBIT D
FILED: BRONX COUNTY CLERK 12/23/2020
11/22/2022 02:47
09:51 AM
PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 7
32 RECEIVED NYSCEF: 12/23/2020
11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
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ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E
Plaintiffs,
--against-- DEMAND FOR VERIFIED
BILL OF PARTICULARS
VAN COURTLANDT ASSETS LLC,
Defendant.
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TO: VAN COURTLANDT ASSETS, LLC
PLEASE TAKE NOTICE that pursuant to Rule 3042 (a) of the Civil Practice Law and
Rules, within thirty (30) days of service upon you of this demand, you are required to serve upon
the undersigned a verified bill of particulars setting forth as follows:
Definitions
(a) Record. The term "record" is defined to be synonymous in meaning and equal in scope to
the usage of this term in Article 6 of the Public Officers Law, including, without limitation,
electronic or computerized data compilations. A draft or non-identical copy is a separate
document within the meaning of this term.
(b) Person. The term 'person' is defined as any natural person or any business, legal or
governmental entity or association.
(c) Concerning. The term 'concerning' means relating to, referring to, describing, evidencing
or constituting.
(d) All/Each. The terms 'all' and 'each' shall be construed as all and each.
(e) And/Or. The connectives 'and’ and 'or’ shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
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FILED: BRONX COUNTY CLERK 12/23/2020
11/22/2022 02:47
09:51 AM
PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 7
32 RECEIVED NYSCEF: 12/23/2020
11/22/2022
(f) Number. The use of the singular form of any word includes the plural and vice versa.
(g) Building. The term "Building" means the apartment building located upon that parcel of
real property located in the County of The Bronx, State of New York, known in the books and
records of the City Register as County of The Bronx, Block 3335, Lot 110, and more commonly
known by its postal address as 151-165 East Moshulu Parkway North, Bronx, New York 10467.
(h) Subject Premises. The term “Subject Premises” means apartment 3F at 155 East
Moshulu Parkway North, Bronx, New York 10467.
(i) You, Your. The terms “You” and "Your" means or refers to any and/or all of the
following entities and persons: defendant VAN COURTLANDT ASSETS, LLC, its members,
employees, agents, attorneys, contractors, corporate parent, subsidiaries, affiliates, successors,
and assigns.
(j) Plaintiffs' Complaint. The term "Plaintiffs' Complaint" means the complaint of the
plaintiffs ESMELIN PENA and LEONELA PENA verified by Esmelin Pena on September 14,
2020.
(k) Your Answer. The term "Your Answer" means the answer to Plaintiffs' Complaint of
defendant VAN COURTLANDT ASSETS, LLC verified by Rinaldo Toporovsky December 22,
2020.
Demands
1. Set forth each and every necessary statutory prerequisite to commencement of this
action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of
Your Answer.
2
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FILED: BRONX COUNTY CLERK 12/23/2020
11/22/2022 02:47
09:51 AM
PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 7
32 RECEIVED NYSCEF: 12/23/2020
11/22/2022
2. Set forth each and every necessary jurisdictional prerequisite to commencement
of this action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph
10 of Your Answer.
3. Identify each and every action and proceeding, civil or administrative, in which
any determination was made which, based upon the doctrine of res judicata, bars, in whole or in
part, any of the claims contained in Plaintiffs' Complaint as alleged by You in paragraph 13 of
Your Answer.
4. Identify each and every action and proceeding, civil or administrative, in which
any determination was made which, based upon the doctrine of estoppel, bars, in whole or in
pm1, any of the claims contained in Plaintiffs' Complaint as alleged by You in paragraph 13 of
Your Answer.
5. Set forth each and every act or omission of the plaintiffs that You contend gives
rise to the affirmative defense of unclean hands as alleged by You in paragraph 16 of Your
Answer.
DATED: Jamaica, New York
December 23 , 2020
T 0 AS J. l-IlLLGARDNER, ESQ.
AI 0 'neyla!' Plaintiff
82-63 170th Street
Jamaica, New York 11432
(718) 657-0606
3
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Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/22/2022 EXHIBIT D FILED: BRONX COUNTY CLERK 12/23/2020 11/22/2022 02:47 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 7 32 RECEIVED NYSCEF: 12/23/2020 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ---------------------------------------------------------------------x ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E Plaintiffs, --against-- DEMAND FOR VERIFIED BILL OF PARTICULARS VAN COURTLANDT ASSETS LLC, Defendant. ---------------------------------------------------------------------x TO: VAN COURTLANDT ASSETS, LLC PLEASE TAKE NOTICE that pursuant to Rule 3042 (a) of the Civil Practice Law and Rules, within thirty (30) days of service upon you of this demand, you are required to serve upon the undersigned a verified bill of particulars setting forth as follows: Definitions (a) Record. The term "record" is defined to be synonymous in meaning and equal in scope to the usage of this term in Article 6 of the Public Officers Law, including, without limitation, electronic or computerized data compilations. A draft or non-identical copy is a separate document within the meaning of this term. (b) Person. The term 'person' is defined as any natural person or any business, legal or governmental entity or association. (c) Concerning. The term 'concerning' means relating to, referring to, describing, evidencing or constituting. (d) All/Each. The terms 'all' and 'each' shall be construed as all and each. (e) And/Or. The connectives 'and’ and 'or’ shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 1 of 3 FILED: BRONX COUNTY CLERK 12/23/2020 11/22/2022 02:47 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 7 32 RECEIVED NYSCEF: 12/23/2020 11/22/2022 (f) Number. The use of the singular form of any word includes the plural and vice versa. (g) Building. The term "Building" means the apartment building located upon that parcel of real property located in the County of The Bronx, State of New York, known in the books and records of the City Register as County of The Bronx, Block 3335, Lot 110, and more commonly known by its postal address as 151-165 East Moshulu Parkway North, Bronx, New York 10467. (h) Subject Premises. The term “Subject Premises” means apartment 3F at 155 East Moshulu Parkway North, Bronx, New York 10467. (i) You, Your. The terms “You” and "Your" means or refers to any and/or all of the following entities and persons: defendant VAN COURTLANDT ASSETS, LLC, its members, employees, agents, attorneys, contractors, corporate parent, subsidiaries, affiliates, successors, and assigns. (j) Plaintiffs' Complaint. The term "Plaintiffs' Complaint" means the complaint of the plaintiffs ESMELIN PENA and LEONELA PENA verified by Esmelin Pena on September 14, 2020. (k) Your Answer. The term "Your Answer" means the answer to Plaintiffs' Complaint of defendant VAN COURTLANDT ASSETS, LLC verified by Rinaldo Toporovsky December 22, 2020. Demands 1. Set forth each and every necessary statutory prerequisite to commencement of this action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your Answer. 2 2 of 3 FILED: BRONX COUNTY CLERK 12/23/2020 11/22/2022 02:47 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 7 32 RECEIVED NYSCEF: 12/23/2020 11/22/2022 2. Set forth each and every necessary jurisdictional prerequisite to commencement of this action that plaintiffs failed to timely and properly exhaust as alleged by You in paragraph 10 of Your Answer. 3. Identify each and every action and proceeding, civil or administrative, in which any determination was made which, based upon the doctrine of res judicata, bars, in whole or in part, any of the claims contained in Plaintiffs' Complaint as alleged by You in paragraph 13 of Your Answer. 4. Identify each and every action and proceeding, civil or administrative, in which any determination was made which, based upon the doctrine of estoppel, bars, in whole or in pm1, any of the claims contained in Plaintiffs' Complaint as alleged by You in paragraph 13 of Your Answer. 5. Set forth each and every act or omission of the plaintiffs that You contend gives rise to the affirmative defense of unclean hands as alleged by You in paragraph 16 of Your Answer. DATED: Jamaica, New York December 23 , 2020 T 0 AS J. l-IlLLGARDNER, ESQ. AI 0 'neyla!' Plaintiff 82-63 170th Street Jamaica, New York 11432 (718) 657-0606 3 3 of 3