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FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022
SUPREME COURT OF 1NE STATE OF NEW YORK
COUNTY OF ALBANY
_,_,__________________________________________..______._____________Ç
MCCABE CONSTRUCTION CORP., Index No; 03846-2019
Plaintiff, PLAINTIFF'S
-against- SUPPLEMENTAL
EXPERT RESPONSE
BARBARA MURPHY and SUNMARK FEDERAL CREDIT
IJNION,
Defendant,
_________________________________________-,_________,.___._______Ç
COUNSELORS:
PLEASE TAKE NOTICE THAT, Defendant BARBARA MURPHY herein, by their
attorneys, Creedon & Gill, P.C., submit the following as and for their Supplemental Expert
Witness disclosure, pursuant to CPLR Section 3101(d):
a) Defendant Murphy incorporates by reference all information and documents
identified and annexed as exhibits to her original 3101(d) exchange, dated
November 28, 2022, and supplements said exchange with an amended report
attached hereto as Ex. "A", prepared by Matthew Smith as detailed below, which
"C"
supplements Mr. Smith's original report, identified as Ex. in Defendant
Murphy's original 3101(d) exchange.
b) Matthew Smith, Precision Construction, 3382 Carman Rd., Schenectady, NY.
Mr. Smith is engaged in the business of home re-modeling and renovation
construction for over 20 years, and is the owner of Precision Construction Corp.
1. Matthew Smith
Mr. Smith has been engaged in the business of home re-modeling and renovation
construction for over 20 years, is the owner of Precision Construction Corp., his
work experience includes hundreds of home remodeling and renovation projects. Mr.
Smith is expected to testify that the subject work performed by the Plaintiff's at the
Defendants residence was contrary to, and in violation of the terms of the contract
entered with the Defendant Murphy, failed to meet industry standards, and was
performed in a poor workmanlike manner. Smith is expected to testify about the
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FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022
deficiencies related to the construction perfbrmed by Plaintiff at the subject residence
and the fair and reasonable value of the costs to correct, repair and/or replace said
deficiencies.
2. Mr. Smith is expected to review with the Court his detailed inspection(s) of the
construction work performed by Plaintiff at the subject residence and his findings
relating to estimates to correct, repair and or replace said construction work as well as
the costs associated with said work. He will further testify that the subject work
performed by the Plaintif's at the Defendants residence was contrary to, and in
violation of the terms of the contract entered with the Defendant Murphy, failed to
meet industry standards, and was performed in a poor workmanlike manner, and that
the Defendant Ms. Murphy is presently owed at least $123,971.96 for the costs
associated with having the plaintiff's construction work corrected, repaired and/or
replaced.
3. Mr. Smith will testify to a reasonable degree of professional certainty that the subject
work performed by the Plaintiff's at the Defendants residence was contrary to, and in
violation of the terms of the contract entered with the Defendant Murphy, failed to
meet industry standards, and was performed in a poor workmanlike manner and about
the fair and reasonable value of the costs of labor and materials associated with said
correction, repair and/or replacement and that based upon a reasonable degree of
professional certainty the Defendant Murphy is owed the sum of $123,971,96 plus
increases in the costs of labor and materials since the date of his report. Copies of
any
the Reports and Photographs which set forth the sum and substance of Mr. Smith's
"A"
testimony are attached hereto and made part of hereof as Exhibit of this
Supplemental Expert Witness Exchange.
4. The opinions rendered by cach witness will be based upon their training and
experience, education. The opinions rendered by each witness will also be based upon
the review of the pleadings, deposition transcripts, and the exhibits identified at the
deposition of each party.
5. The facts upon which Mr. Smith are expected to testify are set fbrth in the attached
"C"
reports, as Ex. of Defendant Murphy's original 3101(d) exchange as well as Ex.
"A", as well as the text of this exchange.
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FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022
PLEASE TAKE FURTHER NOTICE, that the defendant reserves their right to amend
and/or supplement the above response, up until and including the ti.me of trial, should
information or materials become available, in which event all parties will be promptly advised.
Dated: November 30, 2022 CREEDON & GILL P.C.
Northport, New York. B
To: JON . THAN O. GILL, ESQ.
Attorneys fl>r Defendant
TABNER, RYAN, & K[ERNY, LLP Barbara Murphy
Attorneys for Plaintif 24 Woodbine Ave, Ste. 8
18 Corporate Woods Boulevard, Suite 8 Northport, New York 11768
Albany, New York. 12211 (631) 656-9220
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Preview
FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022 SUPREME COURT OF 1NE STATE OF NEW YORK COUNTY OF ALBANY _,_,__________________________________________..______._____________Ç MCCABE CONSTRUCTION CORP., Index No; 03846-2019 Plaintiff, PLAINTIFF'S -against- SUPPLEMENTAL EXPERT RESPONSE BARBARA MURPHY and SUNMARK FEDERAL CREDIT IJNION, Defendant, _________________________________________-,_________,.___._______Ç COUNSELORS: PLEASE TAKE NOTICE THAT, Defendant BARBARA MURPHY herein, by their attorneys, Creedon & Gill, P.C., submit the following as and for their Supplemental Expert Witness disclosure, pursuant to CPLR Section 3101(d): a) Defendant Murphy incorporates by reference all information and documents identified and annexed as exhibits to her original 3101(d) exchange, dated November 28, 2022, and supplements said exchange with an amended report attached hereto as Ex. "A", prepared by Matthew Smith as detailed below, which "C" supplements Mr. Smith's original report, identified as Ex. in Defendant Murphy's original 3101(d) exchange. b) Matthew Smith, Precision Construction, 3382 Carman Rd., Schenectady, NY. Mr. Smith is engaged in the business of home re-modeling and renovation construction for over 20 years, and is the owner of Precision Construction Corp. 1. Matthew Smith Mr. Smith has been engaged in the business of home re-modeling and renovation construction for over 20 years, is the owner of Precision Construction Corp., his work experience includes hundreds of home remodeling and renovation projects. Mr. Smith is expected to testify that the subject work performed by the Plaintiff's at the Defendants residence was contrary to, and in violation of the terms of the contract entered with the Defendant Murphy, failed to meet industry standards, and was performed in a poor workmanlike manner. Smith is expected to testify about the 1 of 3 FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022 deficiencies related to the construction perfbrmed by Plaintiff at the subject residence and the fair and reasonable value of the costs to correct, repair and/or replace said deficiencies. 2. Mr. Smith is expected to review with the Court his detailed inspection(s) of the construction work performed by Plaintiff at the subject residence and his findings relating to estimates to correct, repair and or replace said construction work as well as the costs associated with said work. He will further testify that the subject work performed by the Plaintif's at the Defendants residence was contrary to, and in violation of the terms of the contract entered with the Defendant Murphy, failed to meet industry standards, and was performed in a poor workmanlike manner, and that the Defendant Ms. Murphy is presently owed at least $123,971.96 for the costs associated with having the plaintiff's construction work corrected, repaired and/or replaced. 3. Mr. Smith will testify to a reasonable degree of professional certainty that the subject work performed by the Plaintiff's at the Defendants residence was contrary to, and in violation of the terms of the contract entered with the Defendant Murphy, failed to meet industry standards, and was performed in a poor workmanlike manner and about the fair and reasonable value of the costs of labor and materials associated with said correction, repair and/or replacement and that based upon a reasonable degree of professional certainty the Defendant Murphy is owed the sum of $123,971,96 plus increases in the costs of labor and materials since the date of his report. Copies of any the Reports and Photographs which set forth the sum and substance of Mr. Smith's "A" testimony are attached hereto and made part of hereof as Exhibit of this Supplemental Expert Witness Exchange. 4. The opinions rendered by cach witness will be based upon their training and experience, education. The opinions rendered by each witness will also be based upon the review of the pleadings, deposition transcripts, and the exhibits identified at the deposition of each party. 5. The facts upon which Mr. Smith are expected to testify are set fbrth in the attached "C" reports, as Ex. of Defendant Murphy's original 3101(d) exchange as well as Ex. "A", as well as the text of this exchange. 2 of 3 FILED: ALBANY COUNTY CLERK 11/30/2022 04:59 PM INDEX NO. 903846-19 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/30/2022 PLEASE TAKE FURTHER NOTICE, that the defendant reserves their right to amend and/or supplement the above response, up until and including the ti.me of trial, should information or materials become available, in which event all parties will be promptly advised. Dated: November 30, 2022 CREEDON & GILL P.C. Northport, New York. B To: JON . THAN O. GILL, ESQ. Attorneys fl>r Defendant TABNER, RYAN, & K[ERNY, LLP Barbara Murphy Attorneys for Plaintif 24 Woodbine Ave, Ste. 8 18 Corporate Woods Boulevard, Suite 8 Northport, New York 11768 Albany, New York. 12211 (631) 656-9220 3 of 3