Preview
FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------- x
D.H., an infant by his mother and natural guardian Index No.: 152981/2020
SHARON HOLLIS, and SHARON HOLLIS, individually,
Plaintiffs, PLAINTIFFS DEMAND
-against- FOR VERIFIED BILL
OF PARTICULARS
THE CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF EDUCATION, SELBY
TRANSPORTATION CORP, ASSOCIATION FOR
METROAREA AUTISTIC CHILDREN, INC., AND
WALTER PRINCE,
Defendants
__________________________________________---------------------------X
PLEASE TAKE NOTICE that the Plaintiffs by their attorneys Pavlounis & Sfouggatakis
LLP, hereby demands of Defendants SELBY TRANSPORTATION CORP. and WALTER
PRINCE, that they serve upon the undersigned within twenty (20) days from the date of service of
Plaintiffs'
this notice upon counsel at Pavlounis & Sfouggatakis LLP, at the offices located at 9733
4d¹
Avenue, Brooklyn, New York 11209, a Verified Bill of Particulars as to the Affirmative
Defenses, and respond to the following:
DEMAND FOR VERIFIED BILL OF PARTICULARS
AS TO THE AFFIRMATIVE DEFENSES
1. A statement of each and every act on the part of Plaintiffs, each and every omission
to act on the part of Plaintiff, each and every risk assumed by Plaintiff, and each and every act
constituting Plaintiffs alleged culpable conduct, which you contend were the cause of Plaintiffs
injuries.
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2. A statement of each and every act constituting due care on the part of Plaintiffs
which itis alleged Plaintiffs was required to use for Plaintiffs own safety, and in what respects the
alleged failure caused or contributed to these injuries and damages.
3. State whether it will be claimed Plaintiffs alleged negligent acts were committed
and/or omitted by Plaintiffs solely or jointly with other persons:
a. If with other persons, set forth the names and addresses of other persons.
b. Set forth a detailed statement of the act or acts of negligence or omissions
which will be alleged on the part of each other person.
c. Set forth the degree, extent and/or proportion to which itwill be claimed the
alleged negligence of each other person contributed to the accident.
d. Set forth the time and location of each of the aforesaid mentioned acts by
each person.
4. Set forth whether it will be alleged the injuries and/or damages sustained by
Plaintiffs were in any way caused, initiated, continued and/or contributed to any acts or omissions
of Plaintiff:
a. A detailed statement of acts and omissions by Plaintiffs which it will be
alleged the injuries and/or damages sustained by Plaintiffs were in any way
caused, initiated, continued and/or contributed to any acts or omissions of
Plaintiffs injuries and/or damages and the manner in which said acts or
omissions occurred;
b. The time and exact place of said acts and omissions;
c. The portion, extent, degree and nature of Plaintiffs injuries and/or damages
itwill be alleged the acts and/or omissions of Plaintiffs caused, continued
and/or contributed to Plaintiffs injuries.
5. Whether itwill be claimed any other person, caused, continued and/or contributed
to Plaintiff's injuries and/or damages. Ifso wet worth:
a. The name and address of such person.
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b. The time and location of each person's acts and omissions.
c. The manner in which said acts or omissions occurred.
6. Set forth the total proportion, degree or extent to which itwill be claimed
Plaintiffs injuries and/or damages are diminiched by Plaintiff alleged negligence.
7. Set forth the maññer, in which the risk allegedly assumed, caused or contributed to
Plaintiffs injuries:
a. State whether either Plaintiffs alleged assumption of risk was implied or
expressed.
b. Ifexpress, state the date, time and place thereof and the name and address
of any witnesses thereto.
c. Ifimplied, state the length of time thereof.
8. Set forth the manner, in which the risk allegedly assumed, caused or contributed to
Plaintiffs injuries.
9. Set forth the injuries or conditions claimed to have been caused or contributed to
by the alleged assumption of risk of said Plaintiffs.
10. State in what manner itwill be alleged that ineffective process of Summons and
Complaint on the Defendants was effectuated, referring to applicable statutes, laws, ordinances
and/or regulations of the State of New York.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand, which the Plaintiffs
reserve the right to amend and/or supplement at a later date and at any time before the trial.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion
will be made for an Order to Strike your Answer, with costs.
Dated: Brooklyn, New York
September 14, 2020
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PAVLOUNIS & SFOUGGATAKIS, LLP
Attorneys for Plaintiff
4t11
9733 Avenue
Brooklyn NY 11209
Tel (718) 787-1430
TO: AHMUTY, DEMERS & McMANUS, ESQS
Attorneys for Defendants
SHELBY TRANSPORTATION &
WALTER PRINCE
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------- -----------------------------------¬---------------------x
D.H., an infant by his mother and natural guardian Index No.: 152981/2020
SHARON HOLLIS, and SHARON HOLLIS, individually,
Plaintiffs, PLAINTIFFS COMBINED
DEMANDS
-against-
THE CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF EDUCATION, SELBY
TRANSPORTATION CORP, ASSOCIATION FOR
METROAREA AUTISTIC CHILDREN, INC., AND
WALTER PRINCE,
Defendants
---------------¬___..----_________,._____________.___________________,--X
PLEASE TAKE FURTHER NOTICE that Plaintiffs by their attorneys Pavlounis &
Sfouggatakis LLP, hereby demands of Defendants SHELBY TRANSPORATION and WALTER
PRINCE, that they serve upon the undersigned within twenty (20) days from the date of service of
Plaintiffs'
this notice and make available for discovery and inspection by the counsel, Pavlounis
401
& Sfouggatakis LLP, at the offices located at 9733 Avenue, Brooklyn NY 11209, responses to
Plaintiffs Combined Demands, as follows:
Demand for Witnesses
Names and addresses of each person claimed by any party you represent to be a witness to
any of the following: (a). Occurrence alleged in the complaint; (b). Any acts or conditions which
have been alleged as causing the occurrence alleged in the complaint; (c). Names and addresses of
any witnesses to the acts or conditions substantiating the alleged affirmative defenses plead in your
answer; and (d). Names and addresses of any individuals who commenced legal action for injuries
sustained as a result of the occurrence complained of in the instant action.
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Ifno such witnesses are known to any party you represent, so state in the sworn reply to
this dcmañd. The undersigned will object upon trial to the testimony of any witnesses not so
identified. The Plaintiffs will object at the time of trial to the testimony of any persons not so
identified.
Demand for Party Statements
Pursuant to CPLR §3101(e), Plaintiffs hereby demand production of each and every
statement made or taken by each party and his or her agents, servants, representatives and/or
employees now in their possession, custody and/or control or in the possession3 custody or control
of any party you represent in this action, ifany such statement in any matter bears on the issues in
this action.
If no such statements are in the possession, custody or control of any parties you represent
in this action, so state in the sworn reply to this demand.
Demand for Insurance Coverage
Pursuant to CPLR §3101(f), Plaintiffs hereby demand production of Declaration and
coverage pages of any and all contracts of insurance and insurance policies, including the primary
insurance policy of any party you represent, as well as reinsurance and/or excess liability,
"umbrella," "catastrophe"
or policies of any party you represent, the spouse of any party you
represent or any relative residing with any party you represent, for liability on the date of
occurrence in question giving the name and addresses of each insurance carrier, the policy numbers
thereof, the dates of coverage and/or policy periods, and the amounts of such and each policy
coverage.
"umbrella," "catastrophe"
If, after investigation, no such reinsurance, excess liability, or
policies are found to exist, so state in a sworn reply to this demand.
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Demand for Photographs, Slides, CCTV/Surveillance Video,
lotion Pictures. Video and Audio Tapes
Pursuant to CPLR §3101(i), Plaintiffs hereby demand production of each and every
photograph, audio tapes, slides, videotapes, video from CCTV Cameras, Security Systems, or
motion pictures in Defendant's custody, possession or control depicting the accident, Plaintiff,
location of the accident or any other photographic or image-based evidence, which the Defendant
intents to use at the time of trial.
If no such photograph, audio tapes, slides, videotapes, video from CCTV Cameras,
Security Systems, or motion pictures are in the possession, custody or control of any parties you
represent in this action, so state in the sworn reply to this demand.
pemand for Accident Reports
Pursuant to CPLR §3101(g), Plaintiffs hereby demand production of each and every written
report of the occurrence which is the subject matter of this action, prepared in the regular course
of business operations or practices of any party you represent, or persons or firms acting on behalf
of any party you represent.
If no such report exists, so state in a sworn reply to this demand.
Demand for Maintenance and Repair Records
Record of inspection, maintenance, request for repair and repair at the area of the conditions
years'
complained of in the complaint during the 2 period prior to and including the date of the
occurrence within including, but not limited to, written requests, authorizations, permits, permit
applications, work orders, cut forms, contracts, logs, log books, letters, charts, maps, diagrams
and/or repair orders. Each and every record of inspection, maintenance and repair of the motor
vehicle involved in the occurrence for a period of one year prior to the date of the occurrence.
Demand for Contracts
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Each and every contract or agreement between any of the parties to this action.
Request for Expert Witnesses
Pursuant to CPLR §3101(d)(1)(i), you are to produce the following: (a). Identify each person the
party upon whom this request is served expects to call as an expert witness at the trialof this action;
(b). The subject matter in reasonable detail upon which each expert named above is expected to
testify at the trial of this action; (c). The substance of the facts and opinions upon which each
expert named above is expected to testify at the trial of this action; (d).Complete qualifications of
each expert named above. (e). Summary of the grounds for the opinion of each expert named
above.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand, to which the
Plaintiffs demand a continuing response up to the time of trial.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion
will be made for an Order to Strike your Answer, with costs.
Dated: Brooklyn, New York
September 14, 2020
PAVLOUNIS & SFOUGGATAKIS, LLP
Attorneys for Plaintiff
4d'
9733 Avenue
Brooklyn NY 11209
Tel (718) 787-1430
TO: AHMUTY, DEMERS & McMANUS, ESQS
Attorneys for Defendants
SHELBY TRANSPORTATION &
WALTER PRINCE
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______ ----¬-----------------------------------------------X
D.H., an infant by his mother and natural guardian Index No.: 152981/2020
SHARON HOLLIS, and SHARON HOLLIS, individually,
Plaintiffs, PLAINTIFFS NOTICE/CROSS
NOTICE OF DEPOSITION
-against-
THE CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF EDUCATION, SELBY
TRANSPORTATION CORP, ASSOCIATION FOR
METROAREA AUTISTIC CHILDREN, INC., AND
WALTER PRINCE,
Defendants
-------------------- -----------------x
NOTICE/CROSS-NOTICE TO CONDUCT A DEPOSITION
PLEASE TAKE FURTHER NOTICE that the Plaintiffs by their attorneys, hereby demand
that pursuant to Article 31 of the CPLR, you produce for deposition each party represented by you
and/or any officers, agents or employees thereof having knowledge of and concerning all the
relevant facts and circumstances in connection with the occurrence and claimed injury including
negligence, liability, notice, constructive notice, damages, affirmative defenses, denials as set forth
in the pleading herein.
The deposition will take place at the place to be agreed upon by allparties at the date and
time to be set at the time of Preliminary Conference.
The persons to be examined are required to produce at such examination all memoranda,
reports, diagrams, measurements, books, notes, notations, records, memoranda, supply records,
inventory records, accident reports, daily logs, daily work records, photographs, documents,
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correspondence, maps, charts, diagrams and other writings, papers and other materials in the
possession of this defendant and relevant to the issues herein.
In the event you cannot produce any of the persons to be examined in compliance with this
notice, kindly advise us immediately so that arrangements can be made for a time and place
agreeable to all parties.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand, and in the event
knowledge is acquired of the name and address of any person claimed to be a witness or participant
to the occurrence which gave rise to the commencement of this action, and such knowledge is
acquired subsequent to the receipt of this demand, up to an including the trial of this action, you
are required to set forth in writing, and under oath, the name and address of such persons. In the
event this Demand is not complied with, the Plaintiffs will, upon the trialof this action, move the
Court to preclude and forbid the testimony of any witness offered by the Defendants as to whom
the name and address has not thereto been furnished to the Plaintiff s attorneys, pursuant to this
Demand.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion
will be made for an Order to Strike your Answer, with costs.
Dated: Brooklyn, New York
September 14, 2020
PAVLOUNIS & SFOUGGATAKIS, LLP
Attorneys for Plaintiff
4*
9733 Avenue
Brooklyn, New York 11209
Tel (718) 787-1430
TO: AHMUTY, DEMERS & McMANUS, ESQS
Attomeys for Defendants
SHELBY TRANSPORTATION &
WALTER PRINCE
200 I.U. Willets Road
Albertson, New York 11507
10 of 10
Preview
FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------- x D.H., an infant by his mother and natural guardian Index No.: 152981/2020 SHARON HOLLIS, and SHARON HOLLIS, individually, Plaintiffs, PLAINTIFFS DEMAND -against- FOR VERIFIED BILL OF PARTICULARS THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, SELBY TRANSPORTATION CORP, ASSOCIATION FOR METROAREA AUTISTIC CHILDREN, INC., AND WALTER PRINCE, Defendants __________________________________________---------------------------X PLEASE TAKE NOTICE that the Plaintiffs by their attorneys Pavlounis & Sfouggatakis LLP, hereby demands of Defendants SELBY TRANSPORTATION CORP. and WALTER PRINCE, that they serve upon the undersigned within twenty (20) days from the date of service of Plaintiffs' this notice upon counsel at Pavlounis & Sfouggatakis LLP, at the offices located at 9733 4d¹ Avenue, Brooklyn, New York 11209, a Verified Bill of Particulars as to the Affirmative Defenses, and respond to the following: DEMAND FOR VERIFIED BILL OF PARTICULARS AS TO THE AFFIRMATIVE DEFENSES 1. A statement of each and every act on the part of Plaintiffs, each and every omission to act on the part of Plaintiff, each and every risk assumed by Plaintiff, and each and every act constituting Plaintiffs alleged culpable conduct, which you contend were the cause of Plaintiffs injuries. 1 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 2. A statement of each and every act constituting due care on the part of Plaintiffs which itis alleged Plaintiffs was required to use for Plaintiffs own safety, and in what respects the alleged failure caused or contributed to these injuries and damages. 3. State whether it will be claimed Plaintiffs alleged negligent acts were committed and/or omitted by Plaintiffs solely or jointly with other persons: a. If with other persons, set forth the names and addresses of other persons. b. Set forth a detailed statement of the act or acts of negligence or omissions which will be alleged on the part of each other person. c. Set forth the degree, extent and/or proportion to which itwill be claimed the alleged negligence of each other person contributed to the accident. d. Set forth the time and location of each of the aforesaid mentioned acts by each person. 4. Set forth whether it will be alleged the injuries and/or damages sustained by Plaintiffs were in any way caused, initiated, continued and/or contributed to any acts or omissions of Plaintiff: a. A detailed statement of acts and omissions by Plaintiffs which it will be alleged the injuries and/or damages sustained by Plaintiffs were in any way caused, initiated, continued and/or contributed to any acts or omissions of Plaintiffs injuries and/or damages and the manner in which said acts or omissions occurred; b. The time and exact place of said acts and omissions; c. The portion, extent, degree and nature of Plaintiffs injuries and/or damages itwill be alleged the acts and/or omissions of Plaintiffs caused, continued and/or contributed to Plaintiffs injuries. 5. Whether itwill be claimed any other person, caused, continued and/or contributed to Plaintiff's injuries and/or damages. Ifso wet worth: a. The name and address of such person. 2 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 b. The time and location of each person's acts and omissions. c. The manner in which said acts or omissions occurred. 6. Set forth the total proportion, degree or extent to which itwill be claimed Plaintiffs injuries and/or damages are diminiched by Plaintiff alleged negligence. 7. Set forth the maññer, in which the risk allegedly assumed, caused or contributed to Plaintiffs injuries: a. State whether either Plaintiffs alleged assumption of risk was implied or expressed. b. Ifexpress, state the date, time and place thereof and the name and address of any witnesses thereto. c. Ifimplied, state the length of time thereof. 8. Set forth the manner, in which the risk allegedly assumed, caused or contributed to Plaintiffs injuries. 9. Set forth the injuries or conditions claimed to have been caused or contributed to by the alleged assumption of risk of said Plaintiffs. 10. State in what manner itwill be alleged that ineffective process of Summons and Complaint on the Defendants was effectuated, referring to applicable statutes, laws, ordinances and/or regulations of the State of New York. PLEASE TAKE FURTHER NOTICE that this is a continuing demand, which the Plaintiffs reserve the right to amend and/or supplement at a later date and at any time before the trial. PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion will be made for an Order to Strike your Answer, with costs. Dated: Brooklyn, New York September 14, 2020 3 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 PAVLOUNIS & SFOUGGATAKIS, LLP Attorneys for Plaintiff 4t11 9733 Avenue Brooklyn NY 11209 Tel (718) 787-1430 TO: AHMUTY, DEMERS & McMANUS, ESQS Attorneys for Defendants SHELBY TRANSPORTATION & WALTER PRINCE 200 I.U. Willets Road Albertson, New York 11507 (516) 294-5433 4 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------- -----------------------------------¬---------------------x D.H., an infant by his mother and natural guardian Index No.: 152981/2020 SHARON HOLLIS, and SHARON HOLLIS, individually, Plaintiffs, PLAINTIFFS COMBINED DEMANDS -against- THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, SELBY TRANSPORTATION CORP, ASSOCIATION FOR METROAREA AUTISTIC CHILDREN, INC., AND WALTER PRINCE, Defendants ---------------¬___..----_________,._____________.___________________,--X PLEASE TAKE FURTHER NOTICE that Plaintiffs by their attorneys Pavlounis & Sfouggatakis LLP, hereby demands of Defendants SHELBY TRANSPORATION and WALTER PRINCE, that they serve upon the undersigned within twenty (20) days from the date of service of Plaintiffs' this notice and make available for discovery and inspection by the counsel, Pavlounis 401 & Sfouggatakis LLP, at the offices located at 9733 Avenue, Brooklyn NY 11209, responses to Plaintiffs Combined Demands, as follows: Demand for Witnesses Names and addresses of each person claimed by any party you represent to be a witness to any of the following: (a). Occurrence alleged in the complaint; (b). Any acts or conditions which have been alleged as causing the occurrence alleged in the complaint; (c). Names and addresses of any witnesses to the acts or conditions substantiating the alleged affirmative defenses plead in your answer; and (d). Names and addresses of any individuals who commenced legal action for injuries sustained as a result of the occurrence complained of in the instant action. 5 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 Ifno such witnesses are known to any party you represent, so state in the sworn reply to this dcmañd. The undersigned will object upon trial to the testimony of any witnesses not so identified. The Plaintiffs will object at the time of trial to the testimony of any persons not so identified. Demand for Party Statements Pursuant to CPLR §3101(e), Plaintiffs hereby demand production of each and every statement made or taken by each party and his or her agents, servants, representatives and/or employees now in their possession, custody and/or control or in the possession3 custody or control of any party you represent in this action, ifany such statement in any matter bears on the issues in this action. If no such statements are in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. Demand for Insurance Coverage Pursuant to CPLR §3101(f), Plaintiffs hereby demand production of Declaration and coverage pages of any and all contracts of insurance and insurance policies, including the primary insurance policy of any party you represent, as well as reinsurance and/or excess liability, "umbrella," "catastrophe" or policies of any party you represent, the spouse of any party you represent or any relative residing with any party you represent, for liability on the date of occurrence in question giving the name and addresses of each insurance carrier, the policy numbers thereof, the dates of coverage and/or policy periods, and the amounts of such and each policy coverage. "umbrella," "catastrophe" If, after investigation, no such reinsurance, excess liability, or policies are found to exist, so state in a sworn reply to this demand. 6 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 Demand for Photographs, Slides, CCTV/Surveillance Video, lotion Pictures. Video and Audio Tapes Pursuant to CPLR §3101(i), Plaintiffs hereby demand production of each and every photograph, audio tapes, slides, videotapes, video from CCTV Cameras, Security Systems, or motion pictures in Defendant's custody, possession or control depicting the accident, Plaintiff, location of the accident or any other photographic or image-based evidence, which the Defendant intents to use at the time of trial. If no such photograph, audio tapes, slides, videotapes, video from CCTV Cameras, Security Systems, or motion pictures are in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. pemand for Accident Reports Pursuant to CPLR §3101(g), Plaintiffs hereby demand production of each and every written report of the occurrence which is the subject matter of this action, prepared in the regular course of business operations or practices of any party you represent, or persons or firms acting on behalf of any party you represent. If no such report exists, so state in a sworn reply to this demand. Demand for Maintenance and Repair Records Record of inspection, maintenance, request for repair and repair at the area of the conditions years' complained of in the complaint during the 2 period prior to and including the date of the occurrence within including, but not limited to, written requests, authorizations, permits, permit applications, work orders, cut forms, contracts, logs, log books, letters, charts, maps, diagrams and/or repair orders. Each and every record of inspection, maintenance and repair of the motor vehicle involved in the occurrence for a period of one year prior to the date of the occurrence. Demand for Contracts 7 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 Each and every contract or agreement between any of the parties to this action. Request for Expert Witnesses Pursuant to CPLR §3101(d)(1)(i), you are to produce the following: (a). Identify each person the party upon whom this request is served expects to call as an expert witness at the trialof this action; (b). The subject matter in reasonable detail upon which each expert named above is expected to testify at the trial of this action; (c). The substance of the facts and opinions upon which each expert named above is expected to testify at the trial of this action; (d).Complete qualifications of each expert named above. (e). Summary of the grounds for the opinion of each expert named above. PLEASE TAKE FURTHER NOTICE that this is a continuing demand, to which the Plaintiffs demand a continuing response up to the time of trial. PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion will be made for an Order to Strike your Answer, with costs. Dated: Brooklyn, New York September 14, 2020 PAVLOUNIS & SFOUGGATAKIS, LLP Attorneys for Plaintiff 4d' 9733 Avenue Brooklyn NY 11209 Tel (718) 787-1430 TO: AHMUTY, DEMERS & McMANUS, ESQS Attorneys for Defendants SHELBY TRANSPORTATION & WALTER PRINCE 200 I.U. Willets Road Albertson, New York 11507 (516) 294-5433 8 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______ ----¬-----------------------------------------------X D.H., an infant by his mother and natural guardian Index No.: 152981/2020 SHARON HOLLIS, and SHARON HOLLIS, individually, Plaintiffs, PLAINTIFFS NOTICE/CROSS NOTICE OF DEPOSITION -against- THE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF EDUCATION, SELBY TRANSPORTATION CORP, ASSOCIATION FOR METROAREA AUTISTIC CHILDREN, INC., AND WALTER PRINCE, Defendants -------------------- -----------------x NOTICE/CROSS-NOTICE TO CONDUCT A DEPOSITION PLEASE TAKE FURTHER NOTICE that the Plaintiffs by their attorneys, hereby demand that pursuant to Article 31 of the CPLR, you produce for deposition each party represented by you and/or any officers, agents or employees thereof having knowledge of and concerning all the relevant facts and circumstances in connection with the occurrence and claimed injury including negligence, liability, notice, constructive notice, damages, affirmative defenses, denials as set forth in the pleading herein. The deposition will take place at the place to be agreed upon by allparties at the date and time to be set at the time of Preliminary Conference. The persons to be examined are required to produce at such examination all memoranda, reports, diagrams, measurements, books, notes, notations, records, memoranda, supply records, inventory records, accident reports, daily logs, daily work records, photographs, documents, 9 of 10 FILED: NEW YORK COUNTY CLERK 09/14/2020 05:22 PM INDEX NO. 152981/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/14/2020 correspondence, maps, charts, diagrams and other writings, papers and other materials in the possession of this defendant and relevant to the issues herein. In the event you cannot produce any of the persons to be examined in compliance with this notice, kindly advise us immediately so that arrangements can be made for a time and place agreeable to all parties. PLEASE TAKE FURTHER NOTICE that this is a continuing demand, and in the event knowledge is acquired of the name and address of any person claimed to be a witness or participant to the occurrence which gave rise to the commencement of this action, and such knowledge is acquired subsequent to the receipt of this demand, up to an including the trial of this action, you are required to set forth in writing, and under oath, the name and address of such persons. In the event this Demand is not complied with, the Plaintiffs will, upon the trialof this action, move the Court to preclude and forbid the testimony of any witness offered by the Defendants as to whom the name and address has not thereto been furnished to the Plaintiff s attorneys, pursuant to this Demand. PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply, a motion will be made for an Order to Strike your Answer, with costs. Dated: Brooklyn, New York September 14, 2020 PAVLOUNIS & SFOUGGATAKIS, LLP Attorneys for Plaintiff 4* 9733 Avenue Brooklyn, New York 11209 Tel (718) 787-1430 TO: AHMUTY, DEMERS & McMANUS, ESQS Attomeys for Defendants SHELBY TRANSPORTATION & WALTER PRINCE 200 I.U. Willets Road Albertson, New York 11507 10 of 10