Preview
FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
\SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
NAQUAWN McINTOSH, Index No.: 526100/2020
Plaintiff,
PLAINTIFF'S
-against- COMBINED DEMANDS
FOR DISCOVERY
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
-----------------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to the demand of the plaintiff and CPLR
3121(a) you produce and permit the undersigned to inspect and copy each hospital chart obtained
by you with an authorization provided by the plaintiff or plaintiff's counsel.
TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce
and permit the undersigned to inspect and copy any and all medical reports, medical statements
and/or medical bills obtained from the plaintiff or from any source other than plaintiff's counsel.
TAKE FURTHER NOTICE, that pursuant to Section 3101(f) of the Civil Practice Law
and Rules and the demand of the plaintiff, that you produce and permit the undersigned to
inspect and copy the contents of any insurance agreement under which any person carrying on an
insurance business may be liable to satisfy part or all of a judgment which may be entered in this
action, or 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; and
indicate the total number of claims currently pending that fall within the same coverage period as
this action and the amount of coverage remaining available.
TAKE FURTHER NOTICE, that plaintiff, by the undersigned attorneys, hereby
demands, pursuant to Section 3101(a), (d), (e), and (i) and Section 3120 of the Civil Practice
Law and Rules and the decisions of the Court of Appeals (October 20, 1992) in
DiMichael v. South Buffalo Railway Co. and Poole v. Consolidated Rail Corporation 80 NY2d
1 of 10
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
184 (1992), that you produce at the offices of the undersigned for inspection and copying, upon
at least one full business day's advance notice, within twenty (20) days after the completion of
your deposition of the plaintiff, any and all materials allegedly, purportedly, and/or actually
representing, constituting, consisting of or depicting surveillance of the plaintiff, which you
intend to use upon the trial of this action, including but not limited to audio tapes, films, video
tapes, video recordings, video laser discs, or photographs, including outtakes, memoranda, and
transcripts now in your possession, custody or control, or in the possession, custody or control of
any party you represent in this action or of any of your agents, servants, employees, hirees, or
contractors. Should any such material come into your possession, custody or control, or into the
possession, custody or control of any party you represent in this action or of any of your agents,
servants, employees, hirees, or contractors, at any time after the date of this demand, then
demand is made that you produce such material for inspection and copying, upon at least one full
business day's advance notice, within twenty (20) days after said materials come into your
possession, custody or control, or into the possession, custody or control of any party you
represent in this action or of any of your agents, servants, employees, hirees, or contractors.
TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce
all pleadings heretofore served in this action.
TAKE FURTHER NOTICE, that pursuant to Sections 3101(e) and 3120 of the Civil
Practice Law and Rules and the demand of the plaintiff, you produce, at the time and place
specified herein, and
permit the undersigned to discover, inspect and copy each and every statement made or taken
from the plaintiff and/or the agents, servants or employees of plaintiff, now in your possession,
custody or control or the possession, custody or control of any party you represent in this action,
if such statements in any manner bear on the issues in this action.
TAKE FURTHER NOTICE, that pursuant to Section 3101(a) of the Civil Practice Law
and Rules and the demand of the plaintiff, you are requested to set forth in writing and under
oath, the name and address of each person claimed by any party you represent, to be a witness to
2 of 10
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any of the following:
a. The occurrence alleged in the complaint;
b. Any acts, omissions or conditions which allegedly caused the occurrence in the
complaint;
c. Any actual notice allegedly given to the plaintiff or any employee or agent of
the plaintiff of any condition which allegedly caused the occurrence alleged in the complaint;
d. The nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the complaint;
e. Any admissions of the plaintiff or any agent or employee of the plaintiff.
f. Any actual notice allegedly given to the defendants or any employee or agent of
the defendants of any condition which allegedly caused the occurrence alleged in the complaint;
g. Any admissions of the defendants or any agent or employee of the defendants.
If no such witnesses are known to defendants, so state in the sworn reply to this demand.
The undersigned will object upon trial to the testimony of any witness not so identified.
TAKE FURTHER NOTICE, that pursuant to Sections 3101 et. seq. of the Civil
Practice Law and Rules and the demand of the plaintiff, you produce, at the time and place
specified, and permit the undersigned to discover, inspect and copy, any and all photographs
taken of the alleged scene or place of the occurrence complained of which are now in your
possession, custody or control, or in the possession, custody or control of any party you represent
in this action, if such photographs bear in any manner upon the issues in this action.
TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce
the names, addresses and telephone numbers of each attorney other than the undersigned who
has appeared in the within action.
TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff and with
respect to each other action or proceeding arising out of the same incident, you produce the
names, addresses and telephone numbers of each attorney who has appeared; copies of all
pleadings, petitions, discovery responses, affidavits and affirmations heretofore served by you or
3 of 10
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upon you; the index number, if any; and, at the expense of the plaintiff, copies of each deposition
transcript in your possession, whether taken by you or given on your behalf.
TAKE FURTHER NOTICE that pursuant to Section 3101(d) of the Civil Practice Law
and Rules, you are hereby required to furnish the attorneys for the plaintiff, discovery as to each
person whom you expect to call as an expert regarding the following:
1. State the name and address of every expert retained or employed by you in anticipation
of this litigation or preparation for trial whom you expect to call as a witness at the trial. For
each, state the following:
a. The subject matter on which the expert is expected to testify.
b. The substance of the facts and opinions to which the expert is expected to
testify.
c. A brief summary of the grounds for each such opinion.
d. A brief chronological resume of each witness' educational background and
professional background, including the associations or societies of which each expert is a
member.
e. Whether each named expert will testify as an expert at the trial of this action.
2. With respect to any and all proposed medical expert witnesses, indicate:
a. The area of expertise.
b. Educational background, including the name and address of each medical
school attended.
c. The name and address of each hospital at which an internship and residency
was served and the dates thereof.
d. The name and address of each hospital in which privileges of admitting patients
is extended, and the nature of the privilege.
e. The name and address of each hospital or university of affiliation.
f. The state or states in which this individual was licensed to practice medicine.
g. Each state in which this individual is actively engaged in the practice of
4 of 10
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medicine.
h. Membership in any professional societies and the date of each such
membership.
i. The present board certifications and/or qualifications, if any, and the dates
thereof for each expert witness.
j. The subject matter of testimony for each expert, including any alleged departure
from good and accepted medical practice.
k. The substance of the facts and opinions of the expert testimony, including a
summary of the grounds for each opinion.
3. If you expect to call an economist or actuary, state:
a. A specific description of the losses for which such calculations will be made
(i.e., present value of the loss of future earnings, present value of the loss of second job earnings,
present value of future medical expenses, etc.).
b. The undiscounted amount of such loss.
c. The present value of the dollar amount of such loss.
d. The discount rate applied by such person to determine present value and the
reason for such rate.
e. The number of years involved in such discounting process and the opinions and
facts on which the economist bases the determination of that number of years.
f. With regard to testing concerning a growth of future income in an annual or
other basis at a projected rate of income greater than the income earned by the plaintiff when last
employed, state the growth rate for such income as estimated by such person, the opinions and
facts on which that estimate is based, and specifying the publication and location by the
defendant.
g. Specify each factor other than those which have been noted above, which the
person has used in calculating the net amount of the present value of the loss and identify
specifically the source material and page number on which such person bases his opinion or
5 of 10
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draws the facts on which he relied.
h. With regard to any information secured from any test, publication, graph, chart
or study other than as already designated above upon which the expert relied in reaching his
conclusions, describe or designate such publication or matter in writing with sufficient
specificity to permit its identification and location by plaintiff.
i. In detail, state precisely the manner in which the person reached the conclusions
showing the mathematical calculations involved.
j. With regard to any report, memoranda, or any other matter in writing showing
in whole or in part the expert's conclusions or the facts upon which such conclusions were based,
state the date of such writing and the names and addresses of persons having copies of it.
4. State the names, addresses and qualifications of all expert witnesses and other persons
known to defendants to have made studies or analyses as to the cause of the alleged injury
involved herein.
TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff and with
respect to each arbitration arising out of the same incident, you produce the names, addresses and
telephone numbers of each attorney who appeared; copies of all demands, notices, petitions,
orders, awards and decisions heretofore served or obtained by you or served upon you; and, at
the expense of the plaintiff, copies of each transcript in your possession, whether taken by you or
given on your behalf; the arbitrator's name, and address; and the file number, if any.
TAKE FURTHER NOTICE, that pursuant to Section 3120 of the Civil Practice Law
and Rules and the demand of the plaintiff, you are requested to permit entry for the purpose of
inspecting, measuring, surveying, sampling, testing, photographing and/or recording by motion
pictures or otherwise, upon the property of the defendants upon reasonable notice to the plaintiff.
TAKE FURTHER NOTICE, that a response to these combined demands is required by
at the offices of the undersigned.
TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if the
above items are obtained after the date of the response to these demands, they are to be furnished
6 of 10
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
to the offices of the undersigned pursuant to these demands.
Dated: New York, New York
September 22, 2021
Yours, etc.
Joshua S. Bass, Esq.
By: JOSHUA S. BASS, ESQ.
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
TO: TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
AIRITAN MANAGEMENT CORP.
64-70 Maurice Avenue
Maspeth, New York 11378
7 of 10
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
NAQUAWN McINTOSH, Index No.: 526100/2020
Plaintiff,
-against- AFFIDAVIT OF E-MAIL
SERVICE
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
-----------------------------------------------------------------------------X
STATE OF NEW YORK
COUNTY OF NEW YORK
Diana Madera, being duly sworn, says:
I am not a party to the action; I reside in Kings County in the State of New York, and I
am over 18 years of age.
That on September 22, 2021, I served the within PLAINTIFF'S COMBINED
DEMANDS FOR DISCOVERY, via NYSCEF and E-Mail, due to COVID-19, at the following
E-Mail address(es) set forth below:
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
lrolle@tlsslaw.com
Dated: New York, New York
September 22, 2021
Diana Madera
DIANA MADERA
8 of 10
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
Index No. 526100/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________________________________
NAQUAWN McINTOSH,
Plaintiff,
-against-
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
_____________________________________________________________________________
PLAINTIFF'S COMBINED DEMANDS FOR DISCOVERY
_____________________________________________________________________________
The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a:
By: Joshua S. Bass, Esq.
JOSHUA S. BASS, ESQ.
_____________________________________________________________________________
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
_____________________________________________________________________________
PLEASE TAKE NOTICE
NOTICE OF
ENTRY
that the within is a (certified) true copy of a duly entered in the office of the Clerk of the
within named Court on , 2021 .
NOTICE OF
SETTLEMENT
that an of which the within is a true copy will be presented to the Hon. one of the
of the within named Court, at , New York, on , 2021 , at 9:30 A.M.
Dated:
9 of 10
FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
AIRITAN MANAGEMENT CORP.
64-70 Maurice Avenue
Maspeth, New York 11378
2
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Preview
FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 \SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X NAQUAWN McINTOSH, Index No.: 526100/2020 Plaintiff, PLAINTIFF'S -against- COMBINED DEMANDS FOR DISCOVERY 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. -----------------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to the demand of the plaintiff and CPLR 3121(a) you produce and permit the undersigned to inspect and copy each hospital chart obtained by you with an authorization provided by the plaintiff or plaintiff's counsel. TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce and permit the undersigned to inspect and copy any and all medical reports, medical statements and/or medical bills obtained from the plaintiff or from any source other than plaintiff's counsel. TAKE FURTHER NOTICE, that pursuant to Section 3101(f) of the Civil Practice Law and Rules and the demand of the plaintiff, that you produce and permit the undersigned to inspect and copy the contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action, or 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; and indicate the total number of claims currently pending that fall within the same coverage period as this action and the amount of coverage remaining available. TAKE FURTHER NOTICE, that plaintiff, by the undersigned attorneys, hereby demands, pursuant to Section 3101(a), (d), (e), and (i) and Section 3120 of the Civil Practice Law and Rules and the decisions of the Court of Appeals (October 20, 1992) in DiMichael v. South Buffalo Railway Co. and Poole v. Consolidated Rail Corporation 80 NY2d 1 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 184 (1992), that you produce at the offices of the undersigned for inspection and copying, upon at least one full business day's advance notice, within twenty (20) days after the completion of your deposition of the plaintiff, any and all materials allegedly, purportedly, and/or actually representing, constituting, consisting of or depicting surveillance of the plaintiff, which you intend to use upon the trial of this action, including but not limited to audio tapes, films, video tapes, video recordings, video laser discs, or photographs, including outtakes, memoranda, and transcripts now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action or of any of your agents, servants, employees, hirees, or contractors. Should any such material come into your possession, custody or control, or into the possession, custody or control of any party you represent in this action or of any of your agents, servants, employees, hirees, or contractors, at any time after the date of this demand, then demand is made that you produce such material for inspection and copying, upon at least one full business day's advance notice, within twenty (20) days after said materials come into your possession, custody or control, or into the possession, custody or control of any party you represent in this action or of any of your agents, servants, employees, hirees, or contractors. TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce all pleadings heretofore served in this action. TAKE FURTHER NOTICE, that pursuant to Sections 3101(e) and 3120 of the Civil Practice Law and Rules and the demand of the plaintiff, you produce, at the time and place specified herein, and permit the undersigned to discover, inspect and copy each and every statement made or taken from the plaintiff and/or the agents, servants or employees of plaintiff, now in your possession, custody or control or the possession, custody or control of any party you represent in this action, if such statements in any manner bear on the issues in this action. TAKE FURTHER NOTICE, that pursuant to Section 3101(a) of the Civil Practice Law and Rules and the demand of the plaintiff, you are requested to set forth in writing and under oath, the name and address of each person claimed by any party you represent, to be a witness to 2 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 any of the following: a. The occurrence alleged in the complaint; b. Any acts, omissions or conditions which allegedly caused the occurrence in the complaint; c. Any actual notice allegedly given to the plaintiff or any employee or agent of the plaintiff of any condition which allegedly caused the occurrence alleged in the complaint; d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint; e. Any admissions of the plaintiff or any agent or employee of the plaintiff. f. Any actual notice allegedly given to the defendants or any employee or agent of the defendants of any condition which allegedly caused the occurrence alleged in the complaint; g. Any admissions of the defendants or any agent or employee of the defendants. If no such witnesses are known to defendants, so state in the sworn reply to this demand. The undersigned will object upon trial to the testimony of any witness not so identified. TAKE FURTHER NOTICE, that pursuant to Sections 3101 et. seq. of the Civil Practice Law and Rules and the demand of the plaintiff, you produce, at the time and place specified, and permit the undersigned to discover, inspect and copy, any and all photographs taken of the alleged scene or place of the occurrence complained of which are now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action, if such photographs bear in any manner upon the issues in this action. TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff you produce the names, addresses and telephone numbers of each attorney other than the undersigned who has appeared in the within action. TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff and with respect to each other action or proceeding arising out of the same incident, you produce the names, addresses and telephone numbers of each attorney who has appeared; copies of all pleadings, petitions, discovery responses, affidavits and affirmations heretofore served by you or 3 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 upon you; the index number, if any; and, at the expense of the plaintiff, copies of each deposition transcript in your possession, whether taken by you or given on your behalf. TAKE FURTHER NOTICE that pursuant to Section 3101(d) of the Civil Practice Law and Rules, you are hereby required to furnish the attorneys for the plaintiff, discovery as to each person whom you expect to call as an expert regarding the following: 1. State the name and address of every expert retained or employed by you in anticipation of this litigation or preparation for trial whom you expect to call as a witness at the trial. For each, state the following: a. The subject matter on which the expert is expected to testify. b. The substance of the facts and opinions to which the expert is expected to testify. c. A brief summary of the grounds for each such opinion. d. A brief chronological resume of each witness' educational background and professional background, including the associations or societies of which each expert is a member. e. Whether each named expert will testify as an expert at the trial of this action. 2. With respect to any and all proposed medical expert witnesses, indicate: a. The area of expertise. b. Educational background, including the name and address of each medical school attended. c. The name and address of each hospital at which an internship and residency was served and the dates thereof. d. The name and address of each hospital in which privileges of admitting patients is extended, and the nature of the privilege. e. The name and address of each hospital or university of affiliation. f. The state or states in which this individual was licensed to practice medicine. g. Each state in which this individual is actively engaged in the practice of 4 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 medicine. h. Membership in any professional societies and the date of each such membership. i. The present board certifications and/or qualifications, if any, and the dates thereof for each expert witness. j. The subject matter of testimony for each expert, including any alleged departure from good and accepted medical practice. k. The substance of the facts and opinions of the expert testimony, including a summary of the grounds for each opinion. 3. If you expect to call an economist or actuary, state: a. A specific description of the losses for which such calculations will be made (i.e., present value of the loss of future earnings, present value of the loss of second job earnings, present value of future medical expenses, etc.). b. The undiscounted amount of such loss. c. The present value of the dollar amount of such loss. d. The discount rate applied by such person to determine present value and the reason for such rate. e. The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years. f. With regard to testing concerning a growth of future income in an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, state the growth rate for such income as estimated by such person, the opinions and facts on which that estimate is based, and specifying the publication and location by the defendant. g. Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or 5 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 draws the facts on which he relied. h. With regard to any information secured from any test, publication, graph, chart or study other than as already designated above upon which the expert relied in reaching his conclusions, describe or designate such publication or matter in writing with sufficient specificity to permit its identification and location by plaintiff. i. In detail, state precisely the manner in which the person reached the conclusions showing the mathematical calculations involved. j. With regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert's conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of persons having copies of it. 4. State the names, addresses and qualifications of all expert witnesses and other persons known to defendants to have made studies or analyses as to the cause of the alleged injury involved herein. TAKE FURTHER NOTICE, that pursuant to the demand of the plaintiff and with respect to each arbitration arising out of the same incident, you produce the names, addresses and telephone numbers of each attorney who appeared; copies of all demands, notices, petitions, orders, awards and decisions heretofore served or obtained by you or served upon you; and, at the expense of the plaintiff, copies of each transcript in your possession, whether taken by you or given on your behalf; the arbitrator's name, and address; and the file number, if any. TAKE FURTHER NOTICE, that pursuant to Section 3120 of the Civil Practice Law and Rules and the demand of the plaintiff, you are requested to permit entry for the purpose of inspecting, measuring, surveying, sampling, testing, photographing and/or recording by motion pictures or otherwise, upon the property of the defendants upon reasonable notice to the plaintiff. TAKE FURTHER NOTICE, that a response to these combined demands is required by at the offices of the undersigned. TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if the above items are obtained after the date of the response to these demands, they are to be furnished 6 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 to the offices of the undersigned pursuant to these demands. Dated: New York, New York September 22, 2021 Yours, etc. Joshua S. Bass, Esq. By: JOSHUA S. BASS, ESQ. ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 TO: TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 AIRITAN MANAGEMENT CORP. 64-70 Maurice Avenue Maspeth, New York 11378 7 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X NAQUAWN McINTOSH, Index No.: 526100/2020 Plaintiff, -against- AFFIDAVIT OF E-MAIL SERVICE 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. -----------------------------------------------------------------------------X STATE OF NEW YORK COUNTY OF NEW YORK Diana Madera, being duly sworn, says: I am not a party to the action; I reside in Kings County in the State of New York, and I am over 18 years of age. That on September 22, 2021, I served the within PLAINTIFF'S COMBINED DEMANDS FOR DISCOVERY, via NYSCEF and E-Mail, due to COVID-19, at the following E-Mail address(es) set forth below: TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 lrolle@tlsslaw.com Dated: New York, New York September 22, 2021 Diana Madera DIANA MADERA 8 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 Index No. 526100/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________ NAQUAWN McINTOSH, Plaintiff, -against- 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. _____________________________________________________________________________ PLAINTIFF'S COMBINED DEMANDS FOR DISCOVERY _____________________________________________________________________________ The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a: By: Joshua S. Bass, Esq. JOSHUA S. BASS, ESQ. _____________________________________________________________________________ ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 _____________________________________________________________________________ PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the Clerk of the within named Court on , 2021 . NOTICE OF SETTLEMENT that an of which the within is a true copy will be presented to the Hon. one of the of the within named Court, at , New York, on , 2021 , at 9:30 A.M. Dated: 9 of 10 FILED: KINGS COUNTY CLERK 09/22/2021 01:25 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/22/2021 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 AIRITAN MANAGEMENT CORP. 64-70 Maurice Avenue Maspeth, New York 11378 2 10 of 10