Preview
FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF KINGS
---------------------------------------------------------------X
ANTONIO ESPINOSA, Index No.: 515277/2018
Plaintiff, DEFENDANTS’/THIRD-PARTY
PLAINTIFFS’ MAC 60 LLC AND
- against - ROYAL HOME IMPROVEMENTS,
INC., POST-DEPOSITION DEMANDS
TO THIRD-PARTY DEFENDANT,
GILMAR DESIGN CORPORATION
MAC 60 LLC and ROYAL HOME
IMPROVEMENTS, INC.,
Defendants.
---------------------------------------------------------------X
MAC 60 LLC and ROYAL HOME
IMPROVEMENTS, INC.
Third-Party Plaintiffs
-against-
GILMAR DESGIN CORPORATION,
Third-Party Defendant.
---------------------------------------------------------------X
PLEASE TAKE NOTICE that defendants/third-party plaintiffs, MAC 60 LLC and
ROYAL HOME IMPROVEMENTS, INC., by and through their attorneys, KIERNAN
TREBACH LLP, as and for its post-deposition demands regarding the March 7, 2022 deposition
of Marat Gilmanov, demand that, pursuant to CPLR §3120, GILMAR DESIGN
CORPORATION (“GILMAR”) produce for discovery and inspection, at the offices of the
undersigned within thirty (30) days after receipt of this notice, the following documents:
1. Copy of Marat Gilmanov’s certifications and licenses, including but not limited to
OSHA 10 certification, OSHA 30 certification, and OSHA Scaffold Certification as testified at
his March 7, 2022 deposition;
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2. Copies of all invoices Gilmar Design Corporation submitted to Royal Home
Improvements for work it performed on the subject project located at 2357 60th Street, Brooklyn,
New York 11204;
3. Copies of checks, payments, receipts Gilmar Design Corporation received from Royal
Home Improvements for work it performed on the subject project located at 2357 60 th Street,
Brooklyn, New York 11204;
4. Copies of bank statements from Chase Bank or any other bank where Gilmar Design
Corporation maintained a business account reflecting deposits of payments received from Royal
Home Improvements for work performed by Gilmar on the subject project located at 2357 60 th
Street, Brooklyn, New York 11204 as testified to by Marat Gilmanov at his March 7, 2022
deposition;
5. Copies of all invoices, checks, receipts for materials purchased by Gilmar for work
performed by Gilmar on the subject project located at 2357 60 th Street, Brooklyn, New York
11204 including purchase of hardhats, goggles, earplugs, vests, harnesses, belts, and any
additional or other safety equipment for Gilmar’s employees, as testified to by Marat Gilmanov
at his March 7, 2022 deposition;
6. Copies of all safety checklists and/or protocols created, maintained, or utilized by
Gilmar for work performed it performed on the subject project located at 2357 60 th Street,
Brooklyn, New York 11204;
7. Copy of plaintiff, Antonio Espinosa’s employment file, including but not limited to
Plaintiff’s OSHA card, wages, attendance records during his employment with Gilmar;
8. Copies of wage and/or payroll related documents and records reflecting wages paid to
Plaintiff during his employment by Gilmar;
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9. Copy of the C-11 wage report submitted by Gilmar to Workers Compensation,
referable to plaintiff, as testified to by Marat Gilmanov at his March 7, 2022 deposition;
10. Employment status of Gilmar foreman, Abrik Muhamaddiyev; and last known
address, telephone number, and contact information of Abrik Muhamaddiyev if no longer
employed by Gilmar;
11. Employment status of Ravshan Djalilov; and last known address, telephone number,
and contact information of Ravshan Djalilov if no longer employed by Gilmar;
12. Gilmar furnish General Liability and Primary/Excess Insurance Information,
pursuant to CPLR §3101(f), and provide following insurance information:
a. State whether Gilmar has any insurance agreements under which any
insurance company may be liable to satisfy part or all of a judgment which may be entered in the
action or to indemnify or reimburse for payments made to satisfy judgment;
b. State the name and address of each insurance company;
c. State the maximum amount of all liability coverage of each insurance
company;
d. State the coverage amounts and maximum amount of all liability coverage of
each insurance company, indicating the amount per person, the amount of all persons and the
amount for each accident;
e. If there is excess or umbrella insurance liability coverage available, state the
name and address of each insurance carrier for such coverage and the amounts of coverage
available from each, indicating the amount per person, the amount for all persons, and the
amount for each accident;
f. In the case of no coverage, disclaimer, reservation of rights or any other
conditions relevant to any of the above coverages of third-party defendant, please so state;
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g. Attach the Declaration Sheets/Pages, and a certified copy of each insurance
agreement identified above to your responses to this demand.
PLEASE TAKE FURTHER NOTICE, that the foregoing is a continuing demand and
that, if any further information is obtained after the date of this demand, the same is to be
furnished to defendants/third-party plaintiffs, MAC 60 LLC and ROYAL HOME
IMPROVEMENTS, INC.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the trial of
this action to the introduction into evidence of any part of documents and/or information not
made available pursuant to this demand.
PLEASE TAKE FURTHER NOTICE, that upon your failure to respond to this instant
discovery demand may result in a motion to dismiss/preclude/compel, including a request for
attorneys’ fees, costs and sanctions.
Dated: Garden City, New York
April 18, 2022
KIERNAN TREBACH LLP
By: _____________________________________
Afaf “Faye” Sulieman, Esq.
Attorneys for Defendants/Third Party Plaintiffs
MAC 60 LLC and ROYAL HOME
IMPROVEMENTS, INC.
1305 Franklin Avenue, Suite 301
Garden City, New York 11530
Tel: (516) 831-0200
Fax: (516) 831-0201
KT File No.: 1989.0016
TO: Via E-Mail & NYSCEF E-Filing
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John J. Nonnenmacher, Esq. Jnonnenmacher@OreskyLaw.com
Steven Labell, Esq. SLabell@oreskylaw.com
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
149 East 149th Street
Bronx, NY 10451
(718) 993-9999
File No.: 18-1005
Richard B. Polner, Esq. rpolner@rawle.com
Pauline Ianno, Paralegal pianno@rawle.com
RAWLE & HENDERSON LLP
Attorneys for Third-Party Defendant
GILMAR DESIGN CORPORATION
14 Wall Street, 27th Floor
New York, New York 10005-2101
File No.: 805030
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Preview
FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------X ANTONIO ESPINOSA, Index No.: 515277/2018 Plaintiff, DEFENDANTS’/THIRD-PARTY PLAINTIFFS’ MAC 60 LLC AND - against - ROYAL HOME IMPROVEMENTS, INC., POST-DEPOSITION DEMANDS TO THIRD-PARTY DEFENDANT, GILMAR DESIGN CORPORATION MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC., Defendants. ---------------------------------------------------------------X MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. Third-Party Plaintiffs -against- GILMAR DESGIN CORPORATION, Third-Party Defendant. ---------------------------------------------------------------X PLEASE TAKE NOTICE that defendants/third-party plaintiffs, MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC., by and through their attorneys, KIERNAN TREBACH LLP, as and for its post-deposition demands regarding the March 7, 2022 deposition of Marat Gilmanov, demand that, pursuant to CPLR §3120, GILMAR DESIGN CORPORATION (“GILMAR”) produce for discovery and inspection, at the offices of the undersigned within thirty (30) days after receipt of this notice, the following documents: 1. Copy of Marat Gilmanov’s certifications and licenses, including but not limited to OSHA 10 certification, OSHA 30 certification, and OSHA Scaffold Certification as testified at his March 7, 2022 deposition; 1 1 of 5 FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022 2. Copies of all invoices Gilmar Design Corporation submitted to Royal Home Improvements for work it performed on the subject project located at 2357 60th Street, Brooklyn, New York 11204; 3. Copies of checks, payments, receipts Gilmar Design Corporation received from Royal Home Improvements for work it performed on the subject project located at 2357 60 th Street, Brooklyn, New York 11204; 4. Copies of bank statements from Chase Bank or any other bank where Gilmar Design Corporation maintained a business account reflecting deposits of payments received from Royal Home Improvements for work performed by Gilmar on the subject project located at 2357 60 th Street, Brooklyn, New York 11204 as testified to by Marat Gilmanov at his March 7, 2022 deposition; 5. Copies of all invoices, checks, receipts for materials purchased by Gilmar for work performed by Gilmar on the subject project located at 2357 60 th Street, Brooklyn, New York 11204 including purchase of hardhats, goggles, earplugs, vests, harnesses, belts, and any additional or other safety equipment for Gilmar’s employees, as testified to by Marat Gilmanov at his March 7, 2022 deposition; 6. Copies of all safety checklists and/or protocols created, maintained, or utilized by Gilmar for work performed it performed on the subject project located at 2357 60 th Street, Brooklyn, New York 11204; 7. Copy of plaintiff, Antonio Espinosa’s employment file, including but not limited to Plaintiff’s OSHA card, wages, attendance records during his employment with Gilmar; 8. Copies of wage and/or payroll related documents and records reflecting wages paid to Plaintiff during his employment by Gilmar; 2 2 of 5 FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022 9. Copy of the C-11 wage report submitted by Gilmar to Workers Compensation, referable to plaintiff, as testified to by Marat Gilmanov at his March 7, 2022 deposition; 10. Employment status of Gilmar foreman, Abrik Muhamaddiyev; and last known address, telephone number, and contact information of Abrik Muhamaddiyev if no longer employed by Gilmar; 11. Employment status of Ravshan Djalilov; and last known address, telephone number, and contact information of Ravshan Djalilov if no longer employed by Gilmar; 12. Gilmar furnish General Liability and Primary/Excess Insurance Information, pursuant to CPLR §3101(f), and provide following insurance information: a. State whether Gilmar has any insurance agreements under which any insurance company may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy judgment; b. State the name and address of each insurance company; c. State the maximum amount of all liability coverage of each insurance company; d. State the coverage amounts and maximum amount of all liability coverage of each insurance company, indicating the amount per person, the amount of all persons and the amount for each accident; e. If there is excess or umbrella insurance liability coverage available, state the name and address of each insurance carrier for such coverage and the amounts of coverage available from each, indicating the amount per person, the amount for all persons, and the amount for each accident; f. In the case of no coverage, disclaimer, reservation of rights or any other conditions relevant to any of the above coverages of third-party defendant, please so state; 3 3 of 5 FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022 g. Attach the Declaration Sheets/Pages, and a certified copy of each insurance agreement identified above to your responses to this demand. PLEASE TAKE FURTHER NOTICE, that the foregoing is a continuing demand and that, if any further information is obtained after the date of this demand, the same is to be furnished to defendants/third-party plaintiffs, MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the trial of this action to the introduction into evidence of any part of documents and/or information not made available pursuant to this demand. PLEASE TAKE FURTHER NOTICE, that upon your failure to respond to this instant discovery demand may result in a motion to dismiss/preclude/compel, including a request for attorneys’ fees, costs and sanctions. Dated: Garden City, New York April 18, 2022 KIERNAN TREBACH LLP By: _____________________________________ Afaf “Faye” Sulieman, Esq. Attorneys for Defendants/Third Party Plaintiffs MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC. 1305 Franklin Avenue, Suite 301 Garden City, New York 11530 Tel: (516) 831-0200 Fax: (516) 831-0201 KT File No.: 1989.0016 TO: Via E-Mail & NYSCEF E-Filing 4 4 of 5 FILED: KINGS COUNTY CLERK 04/28/2022 03:41 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/28/2022 John J. Nonnenmacher, Esq. Jnonnenmacher@OreskyLaw.com Steven Labell, Esq. SLabell@oreskylaw.com ORESKY & ASSOCIATES, PLLC Attorneys for Plaintiff 149 East 149th Street Bronx, NY 10451 (718) 993-9999 File No.: 18-1005 Richard B. Polner, Esq. rpolner@rawle.com Pauline Ianno, Paralegal pianno@rawle.com RAWLE & HENDERSON LLP Attorneys for Third-Party Defendant GILMAR DESIGN CORPORATION 14 Wall Street, 27th Floor New York, New York 10005-2101 File No.: 805030 5 5 of 5