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FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SEAN YOUNG and KIMBERLY YOUNG,
NOTICE FOR DISCOVERY
Plaintiffs AND INSPECTION
-against- Index No: 161241/2020
JAMESTOWN 450 WEST 15TH STREET L.P., tp# 595299/2022
JAMESTOWN PROPERTIES CORP.,
AGB 15TH STREET L.L.C, MILK STUDIOS,
LLC, and “ABC CORPORATION” a fictitious
corporation representing unidentified individudals,
businesses and/or corporations who owed, controlled,
maintained or was otherwise responsible for the subject
premises,
Defendants.
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MILK STUDIOS, LLC.,
Third-Party Plaintiff,
-against-
BRODERVILLE PICTURES and NORTHERN
VARIABLE, LLC D/B/A WINDMILL STUDIOS NYC.,
Third-party Defendant.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that the defendant/third-party plaintiff, MILK STUDIOS,
LLC, by its attorneys the Law Offices of Terrence F. Kuhn, pursuant to CPLR §3101, 3120 and
the Rules of the Appellate Division, hereby demands that the third-party defendant,
NORTHERN VARIABLE, LLC D/B/A WINDMILL STUDIOS NYC I/S/H/A “WINDMILL
STUDIOS NYC”, by their attorneys serve upon and deliver to the undersigned attorney for the
defendants within twenty (20) days of receipt of this notice:
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FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022
1. Copies of all contracts, subcontracts, construction documents, work orders and/or
invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a
Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any named party to the
instant action with reference to the second floor, including but not limited to Studio D, at
450 West 15th Street, New York, NY, the situs of the accident that occurred on August 6,
2018.
2. Copies of all contracts, subcontracts, construction documents, work orders and/or
invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a
Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any non-parties, including
but not limited to Drape Kings and Adidas, with reference to the aforementioned
premises and in effect for the period of thirty (30) days prior to and including the date of
accident, August 6, 2018.
3. Copies of all contracts, subcontracts, construction documents, work orders and/or
invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a
Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any other entity concerning
work performed or services rendered at the subject premises for a period of thirty (30)
days prior to and including the date of accident, August 6, 2018.
4. The identity and titleof all employees of Third-Party Defendant, Northern Variable, LLC
d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, present and/or working at the
aforementioned premises on August 6, 2018 and thirty (30) days prior thereto.
5. Copies of any records reflecting the dates and times when employees of the Third-Party
Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios
NYC”, were present and/or working at the aforementioned premises for the thirty (30) day
period prior to and including August 6, 2018.
6. Copies of records pertaining to any materials, supplies, equipment, and/or tools brought or
supplied by Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC
i/s/h/a “Windmill Studios NYC”, to the subject premises for a period of thirty (30) days prior
to and including the date of accident, August 6, 2018.
7. Copies of any accident and incident reports in the possession and/or control of Third-Party
Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill
Studios NYC”, pertaining to Plaintiff’s accident that occurred on August 6, 2018.
8. Copies of any witness statements in the possession and/or control of Third-Party Defendant,
Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”,
pertaining to Plaintiff’s accident that occurred on August 6, 2018.
9. Copies of any accident and incident reports prepared by Third-Party Defendant, Northern
Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, pertaining
to any accident that occurred at the subject premises for the thirty (30) day period prior to
August 6, 2018.
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10. Any and all progress records, daily reports and/or logs prepared and/or maintained by
Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a
“Windmill Studios NYC”, for thirty (30) days prior to the happening of the accident that
occurred on August 6, 2018, up to and including the day after the accident.
11. Copies of all project meeting minutes in the possession of Third-Party Defendant, Northern
Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the
period of thirty (30) days prior to the happening of the accident that occurred on August
6, 2018, up to and including the day after the accident.
12. Copies of all safety meeting minutes in the possession of Third-Party Defendant, Northern
Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the
period of thirty (30) days prior to the happening of the accident that occurred on August
6, 2018, up to and including the day after the accident.
13. Copies of records of site safety inspections in the possession of Third-Party Defendant,
Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”,
for the period of thirty (30) days prior to the happening of the accident that occurred on
August 6, 2018, up to and including the day after the accident.
14. Copies of all communications between NORTHERN VARIABLE, LLC D/B/A
WINDMILL STUDIOS NYC and BRODERVILLE PICTURES regarding work
performed or services rendered at the aforementioned premises for the period of thirty
(30) days prior to and including the date of the accident, August 6, 2018.
15. Copies of all communications between Northern Variable, LLC d/b/a Windmill Studios
NYC i/s/h/a “Windmill Studios NYC” and DRAPE KINGS regarding work performed or
services rendered at the aforementioned premises for the period of thirty (30) days prior
to and including the date of the accident.
16. Any and all recordings, including but not limited to films, tapes, videos, recordings,
motion pictures, photographs, recorded statements, videotaped statement taken of the
subject premises by or on behalf of Third-Party Defendant, Northern Variable, LLC d/b/a
Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, its employees, servants,
investigators, agents and/or any other representative of said parties for the period of thirty
(30) days prior to and including the date of the accident, August 6, 2018.
17. Any and all photographs taken of the subject premises for the period thirty (30) days
prior to and including August 6, 2018.
18. Copies of any and all statements, whether written, oral, or otherwise, taken of the
Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in Third-Party Defendant's
possession with reference to the accident of August 6, 2018.
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19. The names and address of all witnesses to the accident of, and/or all notice witnesses to said
accident and/or all witnesses to said accident and/or all witnesses to the alleged condition that
caused the accident.
20. The names and address of each person Third-Party Defendant, Northern Variable, LLC
d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, expects to call to give
expert testimony at the trial of this action; the qualifications, including educational
background and degrees, publications, membership in professional organizations and societies,
certifications and licenses, and employment history, of each such expert; and for each such
expert state the subject matter "in reasonable detail" of the testimony, the opinions and
conclusion to which the expert is expected to testify, a summary of the facts upon which the
expert will reply in formulating his opinions and conclusions, and the source of sources of the
expert's knowledge concerning such facts, including, where applicable, the date statistics,
studies, surveys, reports, test results, analyses, and all other source material relied upon
by the expert.
21. True and complete copies of all general liability policies, including certificates of
insurance, declaration pages, amendments and endorsements thereto, issued to Third-
Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill
Studios NYC”, for the period covering August 6, 2018.
22. True and complete copies of excess and umbrella policies, including certificates of
insurance, declaration pages, amendments and endorsements thereto, with regard to
excess and umbrella coverage issued to Third-Party Defendant, Northern Variable, LLC
d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period covering
August 6, 2018.
PLEASE TAKE FURTHER NOTICE, that in the event you should fail to comply with
this notice for discovery and inspection, a motion will be made seeking to impose sanctions
pursuant to CPLR 3126.
Dated: New York, New York
September 8, 2022
Curtis B. Gilfillan
______________________________
Curtis B. Gilfillan, Esq.
Law Offices of Terrence F. Kuhn
Attorneys for Defendant/Third-Party
Plaintiff
MILK STUDIOS, LLC
PENN 1
One Pennsylvania Plaza
50th Floor / Suite 5003
New York, NY 10119
File No.: Y2KL05308-001/CBG
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FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022
TO: WEITZ & LUXENBERG
Attorneys for Plaintiff
SEAN YOUNG AND KIMBERLY YOUNG
700 Broadway,
New York, NY 10003
Gklein@weitzlux.com
CORREIA, KING, McGINNIS & LIFERIEDGE
Vincent Brescia, Esq.
Attorneys for Defendants
JAMESTOWN 450 WEST 15TH STREET, L.P.
and JAMESTOWN PROPERTIES CORP.
One Battery Park Plaza
29th Floor
New York, NY 10004
Vincent.Brescia@LibertyMutual.com
MORRIS, DUFFY, ALONSO, FALEY & PITCOFF
Attorneys for Third-Party Defendant
BRODERVILLE PICTURES
101 Greenwich Street, 22nd Floor
New York, NY 10006
(212) 766-1888
File No.: (FIF) 74103
wmanning@mdafny.com
HAWORTH BARBER & GERTMAN, LLC
Richard Barber Esq.,
Attorney for Third-Party Defendant
NORTHERN VARIABLE D/B/A
WINDMILL STUDIOS NYC
80 Broad Street, 24th Floor
New York, NY 10004
Phone: (212) 952-1100
Fax.: (212) 952-1110
richard.barber@hbandglaw.com
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Preview
FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- SEAN YOUNG and KIMBERLY YOUNG, NOTICE FOR DISCOVERY Plaintiffs AND INSPECTION -against- Index No: 161241/2020 JAMESTOWN 450 WEST 15TH STREET L.P., tp# 595299/2022 JAMESTOWN PROPERTIES CORP., AGB 15TH STREET L.L.C, MILK STUDIOS, LLC, and “ABC CORPORATION” a fictitious corporation representing unidentified individudals, businesses and/or corporations who owed, controlled, maintained or was otherwise responsible for the subject premises, Defendants. ----------------------------------------------------------------------- MILK STUDIOS, LLC., Third-Party Plaintiff, -against- BRODERVILLE PICTURES and NORTHERN VARIABLE, LLC D/B/A WINDMILL STUDIOS NYC., Third-party Defendant. ----------------------------------------------------------------------- C O U N S E L O R S: PLEASE TAKE NOTICE, that the defendant/third-party plaintiff, MILK STUDIOS, LLC, by its attorneys the Law Offices of Terrence F. Kuhn, pursuant to CPLR §3101, 3120 and the Rules of the Appellate Division, hereby demands that the third-party defendant, NORTHERN VARIABLE, LLC D/B/A WINDMILL STUDIOS NYC I/S/H/A “WINDMILL STUDIOS NYC”, by their attorneys serve upon and deliver to the undersigned attorney for the defendants within twenty (20) days of receipt of this notice: 1 of 5 FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022 1. Copies of all contracts, subcontracts, construction documents, work orders and/or invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any named party to the instant action with reference to the second floor, including but not limited to Studio D, at 450 West 15th Street, New York, NY, the situs of the accident that occurred on August 6, 2018. 2. Copies of all contracts, subcontracts, construction documents, work orders and/or invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any non-parties, including but not limited to Drape Kings and Adidas, with reference to the aforementioned premises and in effect for the period of thirty (30) days prior to and including the date of accident, August 6, 2018. 3. Copies of all contracts, subcontracts, construction documents, work orders and/or invoices entered into between Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, and any other entity concerning work performed or services rendered at the subject premises for a period of thirty (30) days prior to and including the date of accident, August 6, 2018. 4. The identity and titleof all employees of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, present and/or working at the aforementioned premises on August 6, 2018 and thirty (30) days prior thereto. 5. Copies of any records reflecting the dates and times when employees of the Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, were present and/or working at the aforementioned premises for the thirty (30) day period prior to and including August 6, 2018. 6. Copies of records pertaining to any materials, supplies, equipment, and/or tools brought or supplied by Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, to the subject premises for a period of thirty (30) days prior to and including the date of accident, August 6, 2018. 7. Copies of any accident and incident reports in the possession and/or control of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, pertaining to Plaintiff’s accident that occurred on August 6, 2018. 8. Copies of any witness statements in the possession and/or control of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, pertaining to Plaintiff’s accident that occurred on August 6, 2018. 9. Copies of any accident and incident reports prepared by Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, pertaining to any accident that occurred at the subject premises for the thirty (30) day period prior to August 6, 2018. 2 of 5 FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022 10. Any and all progress records, daily reports and/or logs prepared and/or maintained by Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for thirty (30) days prior to the happening of the accident that occurred on August 6, 2018, up to and including the day after the accident. 11. Copies of all project meeting minutes in the possession of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period of thirty (30) days prior to the happening of the accident that occurred on August 6, 2018, up to and including the day after the accident. 12. Copies of all safety meeting minutes in the possession of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period of thirty (30) days prior to the happening of the accident that occurred on August 6, 2018, up to and including the day after the accident. 13. Copies of records of site safety inspections in the possession of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period of thirty (30) days prior to the happening of the accident that occurred on August 6, 2018, up to and including the day after the accident. 14. Copies of all communications between NORTHERN VARIABLE, LLC D/B/A WINDMILL STUDIOS NYC and BRODERVILLE PICTURES regarding work performed or services rendered at the aforementioned premises for the period of thirty (30) days prior to and including the date of the accident, August 6, 2018. 15. Copies of all communications between Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC” and DRAPE KINGS regarding work performed or services rendered at the aforementioned premises for the period of thirty (30) days prior to and including the date of the accident. 16. Any and all recordings, including but not limited to films, tapes, videos, recordings, motion pictures, photographs, recorded statements, videotaped statement taken of the subject premises by or on behalf of Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, its employees, servants, investigators, agents and/or any other representative of said parties for the period of thirty (30) days prior to and including the date of the accident, August 6, 2018. 17. Any and all photographs taken of the subject premises for the period thirty (30) days prior to and including August 6, 2018. 18. Copies of any and all statements, whether written, oral, or otherwise, taken of the Defendant/Third-Party Plaintiff, MILK STUDIOS, LLC, in Third-Party Defendant's possession with reference to the accident of August 6, 2018. 3 of 5 FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022 19. The names and address of all witnesses to the accident of, and/or all notice witnesses to said accident and/or all witnesses to said accident and/or all witnesses to the alleged condition that caused the accident. 20. The names and address of each person Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, expects to call to give expert testimony at the trial of this action; the qualifications, including educational background and degrees, publications, membership in professional organizations and societies, certifications and licenses, and employment history, of each such expert; and for each such expert state the subject matter "in reasonable detail" of the testimony, the opinions and conclusion to which the expert is expected to testify, a summary of the facts upon which the expert will reply in formulating his opinions and conclusions, and the source of sources of the expert's knowledge concerning such facts, including, where applicable, the date statistics, studies, surveys, reports, test results, analyses, and all other source material relied upon by the expert. 21. True and complete copies of all general liability policies, including certificates of insurance, declaration pages, amendments and endorsements thereto, issued to Third- Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period covering August 6, 2018. 22. True and complete copies of excess and umbrella policies, including certificates of insurance, declaration pages, amendments and endorsements thereto, with regard to excess and umbrella coverage issued to Third-Party Defendant, Northern Variable, LLC d/b/a Windmill Studios NYC i/s/h/a “Windmill Studios NYC”, for the period covering August 6, 2018. PLEASE TAKE FURTHER NOTICE, that in the event you should fail to comply with this notice for discovery and inspection, a motion will be made seeking to impose sanctions pursuant to CPLR 3126. Dated: New York, New York September 8, 2022 Curtis B. Gilfillan ______________________________ Curtis B. Gilfillan, Esq. Law Offices of Terrence F. Kuhn Attorneys for Defendant/Third-Party Plaintiff MILK STUDIOS, LLC PENN 1 One Pennsylvania Plaza 50th Floor / Suite 5003 New York, NY 10119 File No.: Y2KL05308-001/CBG 4 of 5 FILED: NEW YORK COUNTY CLERK 09/08/2022 09:17 AM INDEX NO. 161241/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/08/2022 TO: WEITZ & LUXENBERG Attorneys for Plaintiff SEAN YOUNG AND KIMBERLY YOUNG 700 Broadway, New York, NY 10003 Gklein@weitzlux.com CORREIA, KING, McGINNIS & LIFERIEDGE Vincent Brescia, Esq. Attorneys for Defendants JAMESTOWN 450 WEST 15TH STREET, L.P. and JAMESTOWN PROPERTIES CORP. One Battery Park Plaza 29th Floor New York, NY 10004 Vincent.Brescia@LibertyMutual.com MORRIS, DUFFY, ALONSO, FALEY & PITCOFF Attorneys for Third-Party Defendant BRODERVILLE PICTURES 101 Greenwich Street, 22nd Floor New York, NY 10006 (212) 766-1888 File No.: (FIF) 74103 wmanning@mdafny.com HAWORTH BARBER & GERTMAN, LLC Richard Barber Esq., Attorney for Third-Party Defendant NORTHERN VARIABLE D/B/A WINDMILL STUDIOS NYC 80 Broad Street, 24th Floor New York, NY 10004 Phone: (212) 952-1100 Fax.: (212) 952-1110 richard.barber@hbandglaw.com 5 of 5