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FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
-----------------------------------------------------------X
JANE DOE – 19240, Index No.: 2021-51440
Plaintiff, COMBINED DISCOVERY
-against- DEMANDS TO CO-DEFENDANT
THE CHILDREN’S HOME OF POUGHKEEPSIE
and COUNTY OF DUTCHESS,
Defendants.
-----------------------------------------------------------X
Pursuant to Article 31 of the New York State Civil Practice Law and Rules, the
Defendant, THE CHILDREN’S HOME OF POUGHKEEPSIE, by and through their counsel,
SCHWAB & GASPARINI, PLLC, hereby demands that the Defendant, COUNTY OF
DUTCHESS, answer the following demands within twenty (20) days from the service thereof:
DEMAND FOR EXPERT INFORMATION
PLEASE TAKE NOTICE that pursuant to CPLR 3101(d) you are hereby required to
produce at the offices of SCHWAB & GASPARINI, PLLC, 1441 Route 22, Suite 206, Brewster,
New York 10509 within twenty (20) days from the date of this Notice, the name and address of
each person whom defendant expects to call as an expert witness at trial and with respect to each
such witness, set forth the following:
1. Disclose in reasonable detail the subject matter on which the expert is expected to
testify.
2. Set forth the substance of the facts and opinions on which the expert is expected
to testify.
3. Set forth the qualifications of the expert.
4. Set forth a summary of the grounds for the expert's opinion.
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DEMAND FOR WITNESS INFORMATION
5. A statement indicating the names and addresses of:
(a) All witnesses to occurrences alleged in the Complaint;
(b) All witnesses who have firsthand knowledge of the occurrences described
in the Complaint;
(c) All witnesses to the scene of the occurrences alleged in the Complaint,
either immediately before or after such occurrences took place; and
(d) All witnesses to any acts, omissions and/or conditions which allegedly
caused the occurrences described in the Complaint.
6. If no witnesses are known to defendants, so state in reply to each subsection of
Item 5 of this Demand.
DEMAND FOR PARTY STATEMENTS
7. A copy of all written statements of the Defendant, its employees, agents and/or
servants;
8. A copy of all video, audiotape, filmed and/or other recorded communications of
or by the Defendant, its employees, agents and/or servants;
9. A statement indicating the name and address of each individual who on behalf of
the defendants spoke, wrote, and/or otherwise communicated with the defendant, its agents,
servants, and/or employees about the occurrence, event facts and/or circumstances giving rise to
the occurrence and/or events described in the Complaint. Also, state: (a) the date of each
communication; and (b) the name and address of each witness to said communication;
10. A copy of all reports, notes, correspondence and/or memoranda made by anyone
on behalf of the defendants with respect to each communication with the defendant, its agents,
servants and/or employees; and
11. If no written or recorded statements exist, please so indicate in a sworn statement.
DEMAND FOR STATEMENTS NOT REDUCED TO WRITING
12. The name and address of each and every individual who spoke, discussed and/or
otherwise communicated with the Defendant, its agents, servants and/or employees about the
events giving rise to or any issues raised in this litigation.
13. Copies of all reports, notes, memoranda and/or other written, recorded, taped or
filmed items made by each individual identified in response to Item 1 above, or by anyone on
behalf of the defendants with respect to each such communication with the defendant, its agents,
servants and/or employees.
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DEMAND FOR DOCUMENTS
14. Please provide copies of any documents, records or photographs relating to any
repairs made to the location, premises or item complained of in plaintiff(s) Complaint prior to the
happening of the alleged accident or occurrence.
15. Please provide copies of any documents, records or logs relating to any
maintenance (including cleaning, altering, and shoveling) performed at, or to, the location,
premises, or item complained of in plaintiff(s) Complaint prior to the happening of the alleged
accident or occurrence.
16. Please provide a copy of plaintiff(s) Bill of Particulars and any discovery items
previously exchanged, (including but not limited to; deposition transcripts and reports of
physical examinations conducted of the plaintiff), and served upon or by defendant(s) or third-
party defendants.
17. Please provide copies of all applications for permits, cut forms, opening tickets,
work tickets, and paving orders, with respect to the alleged property involved in this action.
18. Please provide copies of all building plans, drawings, schematics, blueprints, strip
maps, diagrams of underground facilities and of street hardware, including manhole covers,
castings, and gratings, with respect to the alleged property involved in this action.
19. Please provide copies of all daily, weekly, and/or monthly progress reports, job
progress photographs, and photographs of roadway color coding for entire period of
construction, with respect to the alleged property involved in this action.
20. Please provide copies of all maintenance, inspection and repair records for the
entire period of construction, with respect to the alleged property involved in this action.
21. Please provide a copy of the title for any vehicle involved in the incident.
22. Please provide a copy of the driver’s license for the applicable driver involved in
the incident.
23. Please provide a copy of the registration for the applicable vehicle involved in the
incident.
24. Please provide the following records for the applicable vehicle involved in the
incident for a two-year period of time prior to the alleged incident: (a) repair records (including
logs, bills, and receipts); and (b) maintenance records (including logs, bills, and receipts).
25. Please provide a copy of any recall notice received regarding any vehicle involved
in the incident.
26. Please provide photographs of the vehicle involved in the accident taken: (a)
before the accident, or (b) after the accident.
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27. Please provide any estimates to repair the vehicle involved in this accident.
28. Please provide any records or receipts for towing of the vehicle involved in this
accident.
29. Please provide a copy of any MV-104 related to the incident.
30. Please provide a copy of any Department of Motor Vehicle hearing related to the
incident; and provide (a) the date, location, name of the parties, and name of Judicial Hearing
Officer who presided over any Department of Motor Vehicle hearing.
31. Please provide a copy of any accident report provided to any insurance company
regarding this incident.
32. Please provide any notes or memorandum describing this incident.
33. Please provide a copy of any no-fault file pertaining to plaintiff(s) related to the
incident.
34. Please provide a copy of all court orders and stipulations issued in the litigation.
DEMAND FOR PRODUCTION OF PHOTOGRAPHS
35. A copy of any and all photographs, prints and/or other visual recordings which the
defendants possess relative to this litigation and/or which defendants intend to introduce at trial:
a) Depicting the occurrences alleged in the Complaint
36. A statement indicating the name and address of:
a) All persons who made the photographs, prints, visual recording, etc.,
identified in Item 35 above;
b) All persons who appeared in the photographs, prints, visual recording,
etc.; and
c) Identify all persons who edited the photographs, prints, visual recording,
etc.
DEMAND FOR ACCIDENT/INCIDENT REPORTS
37. A copy of any and all accident/incident reports which the defendants possess
relative to this litigation.
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DEMAND FOR CONTRACTS AND/OR AGREEMENTS
38. A copy of any contract, agreement, writing or otherwise, including lease(s),
purchase orders, etc., involving any party to this action.
39. Copies of all contracts, sub-contracts, leases, franchises, and indemnification
agreements in effect on the date of the occurrence.
DEMAND FOR INSURANCE INFORMATION
40. A copy of any insurance agreement under which defendants may be liable to
satisfy part of or all of a judgment which may be entered in this action; or
41. A copy of any insurance agreement to indemnify or reimburse for payments made
to satisfy the judgment which may be entered herein, including but not limited to excess,
umbrella and additional coverage.
42. Please provide copies of all certificates of insurance in effect on the date of
occurrence, including but not limited to, any which name this defendant, or any of its agencies,
as an insured or as an additional insured.
43. Please provide a copy of any insurance policy, including any umbrella or excess
policies, covering the vehicle defendant was operating at the time of this accident.
PLEASE TAKE FURTHER NOTICE, that Defendant shall move the Court for any
and all relief permitted under the law in the event of your failure to timely respond to these
demands.
Dated: Brewster, New York
June 21, 2021
Yours, etc.,
SCHWAB & GASPARINI, PLLC
BY:_________________________________
LOUIS U. GASPARINI
Attorneys Answering for Defendant:
THE CHILDREN’S HOME OF POUGHKEEPSIE
1441 Route 22, Suite 206
Brewster, New York 10509
(914) 304-4353
File No. 138.003
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NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021
TO:
MORRIS DUFFY ALONSO & FALEY
Attorneys for Defendant
COUNTY OF DUTCHESS
Attention: Kenneth E. Pitcoff, Esq.
101 Greenwich Street, 22nd Floor
New York, New York 10006
(212) 766-1888
File No. (TRI) 72579
GREENSTEIN & MILBAUER, LLP
Attorneys for Plaintiff
Attention: Robert J. Greenstein, Esq.
1825 Park Avenue, 9th Floor
New York, New York 10035
(212) 685-8500
File No.: 19240
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FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -----------------------------------------------------------X JANE DOE – 19240, Index No.: 2021-51440 Plaintiff, COMBINED DISCOVERY -against- DEMANDS TO CO-DEFENDANT THE CHILDREN’S HOME OF POUGHKEEPSIE and COUNTY OF DUTCHESS, Defendants. -----------------------------------------------------------X Pursuant to Article 31 of the New York State Civil Practice Law and Rules, the Defendant, THE CHILDREN’S HOME OF POUGHKEEPSIE, by and through their counsel, SCHWAB & GASPARINI, PLLC, hereby demands that the Defendant, COUNTY OF DUTCHESS, answer the following demands within twenty (20) days from the service thereof: DEMAND FOR EXPERT INFORMATION PLEASE TAKE NOTICE that pursuant to CPLR 3101(d) you are hereby required to produce at the offices of SCHWAB & GASPARINI, PLLC, 1441 Route 22, Suite 206, Brewster, New York 10509 within twenty (20) days from the date of this Notice, the name and address of each person whom defendant expects to call as an expert witness at trial and with respect to each such witness, set forth the following: 1. Disclose in reasonable detail the subject matter on which the expert is expected to testify. 2. Set forth the substance of the facts and opinions on which the expert is expected to testify. 3. Set forth the qualifications of the expert. 4. Set forth a summary of the grounds for the expert's opinion. Page 1 of 6 1 of 6 FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 DEMAND FOR WITNESS INFORMATION 5. A statement indicating the names and addresses of: (a) All witnesses to occurrences alleged in the Complaint; (b) All witnesses who have firsthand knowledge of the occurrences described in the Complaint; (c) All witnesses to the scene of the occurrences alleged in the Complaint, either immediately before or after such occurrences took place; and (d) All witnesses to any acts, omissions and/or conditions which allegedly caused the occurrences described in the Complaint. 6. If no witnesses are known to defendants, so state in reply to each subsection of Item 5 of this Demand. DEMAND FOR PARTY STATEMENTS 7. A copy of all written statements of the Defendant, its employees, agents and/or servants; 8. A copy of all video, audiotape, filmed and/or other recorded communications of or by the Defendant, its employees, agents and/or servants; 9. A statement indicating the name and address of each individual who on behalf of the defendants spoke, wrote, and/or otherwise communicated with the defendant, its agents, servants, and/or employees about the occurrence, event facts and/or circumstances giving rise to the occurrence and/or events described in the Complaint. Also, state: (a) the date of each communication; and (b) the name and address of each witness to said communication; 10. A copy of all reports, notes, correspondence and/or memoranda made by anyone on behalf of the defendants with respect to each communication with the defendant, its agents, servants and/or employees; and 11. If no written or recorded statements exist, please so indicate in a sworn statement. DEMAND FOR STATEMENTS NOT REDUCED TO WRITING 12. The name and address of each and every individual who spoke, discussed and/or otherwise communicated with the Defendant, its agents, servants and/or employees about the events giving rise to or any issues raised in this litigation. 13. Copies of all reports, notes, memoranda and/or other written, recorded, taped or filmed items made by each individual identified in response to Item 1 above, or by anyone on behalf of the defendants with respect to each such communication with the defendant, its agents, servants and/or employees. Page 2 of 6 2 of 6 FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 DEMAND FOR DOCUMENTS 14. Please provide copies of any documents, records or photographs relating to any repairs made to the location, premises or item complained of in plaintiff(s) Complaint prior to the happening of the alleged accident or occurrence. 15. Please provide copies of any documents, records or logs relating to any maintenance (including cleaning, altering, and shoveling) performed at, or to, the location, premises, or item complained of in plaintiff(s) Complaint prior to the happening of the alleged accident or occurrence. 16. Please provide a copy of plaintiff(s) Bill of Particulars and any discovery items previously exchanged, (including but not limited to; deposition transcripts and reports of physical examinations conducted of the plaintiff), and served upon or by defendant(s) or third- party defendants. 17. Please provide copies of all applications for permits, cut forms, opening tickets, work tickets, and paving orders, with respect to the alleged property involved in this action. 18. Please provide copies of all building plans, drawings, schematics, blueprints, strip maps, diagrams of underground facilities and of street hardware, including manhole covers, castings, and gratings, with respect to the alleged property involved in this action. 19. Please provide copies of all daily, weekly, and/or monthly progress reports, job progress photographs, and photographs of roadway color coding for entire period of construction, with respect to the alleged property involved in this action. 20. Please provide copies of all maintenance, inspection and repair records for the entire period of construction, with respect to the alleged property involved in this action. 21. Please provide a copy of the title for any vehicle involved in the incident. 22. Please provide a copy of the driver’s license for the applicable driver involved in the incident. 23. Please provide a copy of the registration for the applicable vehicle involved in the incident. 24. Please provide the following records for the applicable vehicle involved in the incident for a two-year period of time prior to the alleged incident: (a) repair records (including logs, bills, and receipts); and (b) maintenance records (including logs, bills, and receipts). 25. Please provide a copy of any recall notice received regarding any vehicle involved in the incident. 26. Please provide photographs of the vehicle involved in the accident taken: (a) before the accident, or (b) after the accident. Page 3 of 6 3 of 6 FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 27. Please provide any estimates to repair the vehicle involved in this accident. 28. Please provide any records or receipts for towing of the vehicle involved in this accident. 29. Please provide a copy of any MV-104 related to the incident. 30. Please provide a copy of any Department of Motor Vehicle hearing related to the incident; and provide (a) the date, location, name of the parties, and name of Judicial Hearing Officer who presided over any Department of Motor Vehicle hearing. 31. Please provide a copy of any accident report provided to any insurance company regarding this incident. 32. Please provide any notes or memorandum describing this incident. 33. Please provide a copy of any no-fault file pertaining to plaintiff(s) related to the incident. 34. Please provide a copy of all court orders and stipulations issued in the litigation. DEMAND FOR PRODUCTION OF PHOTOGRAPHS 35. A copy of any and all photographs, prints and/or other visual recordings which the defendants possess relative to this litigation and/or which defendants intend to introduce at trial: a) Depicting the occurrences alleged in the Complaint 36. A statement indicating the name and address of: a) All persons who made the photographs, prints, visual recording, etc., identified in Item 35 above; b) All persons who appeared in the photographs, prints, visual recording, etc.; and c) Identify all persons who edited the photographs, prints, visual recording, etc. DEMAND FOR ACCIDENT/INCIDENT REPORTS 37. A copy of any and all accident/incident reports which the defendants possess relative to this litigation. Page 4 of 6 4 of 6 FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 DEMAND FOR CONTRACTS AND/OR AGREEMENTS 38. A copy of any contract, agreement, writing or otherwise, including lease(s), purchase orders, etc., involving any party to this action. 39. Copies of all contracts, sub-contracts, leases, franchises, and indemnification agreements in effect on the date of the occurrence. DEMAND FOR INSURANCE INFORMATION 40. A copy of any insurance agreement under which defendants may be liable to satisfy part of or all of a judgment which may be entered in this action; or 41. A copy of any insurance agreement to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including but not limited to excess, umbrella and additional coverage. 42. Please provide copies of all certificates of insurance in effect on the date of occurrence, including but not limited to, any which name this defendant, or any of its agencies, as an insured or as an additional insured. 43. Please provide a copy of any insurance policy, including any umbrella or excess policies, covering the vehicle defendant was operating at the time of this accident. PLEASE TAKE FURTHER NOTICE, that Defendant shall move the Court for any and all relief permitted under the law in the event of your failure to timely respond to these demands. Dated: Brewster, New York June 21, 2021 Yours, etc., SCHWAB & GASPARINI, PLLC BY:_________________________________ LOUIS U. GASPARINI Attorneys Answering for Defendant: THE CHILDREN’S HOME OF POUGHKEEPSIE 1441 Route 22, Suite 206 Brewster, New York 10509 (914) 304-4353 File No. 138.003 Page 5 of 6 5 of 6 FILED: DUTCHESS COUNTY CLERK 06/21/2021 04:53 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2021 TO: MORRIS DUFFY ALONSO & FALEY Attorneys for Defendant COUNTY OF DUTCHESS Attention: Kenneth E. Pitcoff, Esq. 101 Greenwich Street, 22nd Floor New York, New York 10006 (212) 766-1888 File No. (TRI) 72579 GREENSTEIN & MILBAUER, LLP Attorneys for Plaintiff Attention: Robert J. Greenstein, Esq. 1825 Park Avenue, 9th Floor New York, New York 10035 (212) 685-8500 File No.: 19240 Page 6 of 6 6 of 6