Preview
FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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HAIMCHAND MOHABIR, Index No. 712515/2019
Date Filed: 7/19/2019
Plaintiff,
NOTICE FOR DISCOVERY AND
-against- INSPECTION TO THIRD-
PARTY PLAINTIFF
REBECO ASSOCIATES, REBECO ASSOCIATES, L.P.,
TENBER ASSOCIATES, TENBER ASSOCIATES, L.P.,
CANTOR FITZGERALD, L.P. and HVAC
CONSTRUCTION INC.,
Defendants.
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HVAC CONSTRUCTION INC.,
Third-Party Plaintiff,
-against-
D&D ELECTRICAL CONSTRUCTION COMPANY
INC.,
Third-Party Defendant.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that the Third-Party Defendant, D&D ELECTRICAL
CONSTRUCTION COMPANY INC., by its attorneys, CONWAY, FARRELL, CURTIN & KELLY,
P.C., hereby demands, pursuant to Article 31 of the C.P.L.R., that the Third-Party Plaintiff, produce
for discovery, inspection and photocopying the following documents at the office of CONWAY,
FARRELL, CURTIN AND KELLY, P.C., 48 Wall Street, New York, New York 10005, within twenty
(20) days of the date of this demand:
Conway, Farrell,
Curtin & Kelly, PC
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FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
1. Copies of all pleadings and responsive pleadings previously served in the
plaintiff’s action for personal injuries commenced in SUPREME COURT OF THE STATE OF NEW
YORK, COUNTY OF QUEENS, and referred to in the Third-Party Complaint.
2. Copies of all Bills of Particulars, and Demands for the same, from the plaintiff’s
personal injury action identified above in paragraph 1 of this Notice.
3. Conformed copies of transcripts of all Examinations Before Trial conducted in
the plaintiff’s personal injury action identified above in paragraph 1.
4. Copies of all discovery demands and responses from the plaintiff’s personal
injury action identified above in paragraph 1 of this Notice.
5. Copies of all interrogatories and responses thereto from the plaintiff’s personal
injury action identified above in paragraph 1 of this Notice.
6. Copies of all Orders to Show Cause, motions, cross-motions and replies,
together with all supporting and opposing affirmations, affidavits, memorandums of law, if any,
previously served in the plaintiff’s personal injury action identified above in paragraph 1 of this Notice.
7. Copies of all Orders issued in response to said Orders to Show Cause, motions,
cross-motions, and all documents exchanged in compliance with said Orders, if any, from the plaintiff’s
personal injury action identified above in paragraph 1 of this Notice.
8. Copies of all Notices to Admit, interrogatories and responses thereto from the
plaintiff’s personal injury action identified above in paragraph 1 of this Notice.
9. Copies of all Preliminary Conference Orders, if any, from the plaintiff’s personal
injury action identified above in paragraph 1 of this Notice.
10. Copies of all reports of physical examinations of the injured plaintiff conducted
in the plaintiff’s personal injury action identified above in paragraph 1 of this Notice.
Conway, Farrell,
Curtin & Kelly, PC
2
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FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
11. Copies of all accident reports related to the personal injuries allegedly sustained
by the injured plaintiff at the subject location on the date of loss.
12. The complete name and address of all witnesses to the underlying incident
involving the injured plaintiff and/or the conditions existing at that location at or about that time.
13. A complete copy of all contracts, agreements and/or work orders
between/among the parties to this lawsuit related to the premises where the incident complained of
allegedly occurred.
PLEASE TAKE FURTHER NOTICE that said materials, papers and/or documents are
to be produced within twenty (20) days of the service of this Notice, at CONWAY, FARRELL,
CURTIN & KELLY, P.C., 48 Wall Street - 20th Floor, New York, New York 10005, at which time
they will be physically inspected, copied and returned. In lieu of production of the original said
insurance agreement, true and complete copies of said agreements may be forwarded to the
undersigned.
PLEASE TAKE FURTHER NOTICE, that the foregoing demand is continuing demand
and in the event that the materials become available after the designated date, they should be forwarded
to our office within thirty days of receipt. In the event that said material is not produced for inspection
and/or photocopying as required herein, the undersigned will move this Court to invoke the penalties
applicable under Article 31 of the C.P.L.R.
DATED: New York, New York
November 6, 2020
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
By:_________________________________
Conway, Farrell,
Curtin & Kelly, PC
3
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FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
Gail M. Kelly
Attorneys for Third-Party Defendant, D&D
ELECTRICAL CONSTRUCTION COMPANY
INC.
48 Wall Street – 20th Floor
New York, N.Y. 10005
(212) 785-2929
TO:
Mitchell R. Kahn, Esq.
WINGATE, RUSSOTTI & SHAPIRO
420 Lexington Avenue, Suite 2750
New York, NY 10170
(212) 986-7353
Attorneys for Plaintiff, HAIMCHAND MOHABIR
David S. Conklin, Esq.
AHMUTY, DEMERS & MCMANUS
200 I.U. Willets Road
Albertson, NY 11507
516-294-5433
Attorneys for Defendants, REBECO ASSOCIATES, L.P. and TENBER ASSOCIATES, L.P.
Denise A. Cariello, Esq.
CARIELLO LAW FIRM
333 Earle Ovington Boulevard
Uniondale, NY 11553-3644
516-745-8310
Attorneys for Defendant, CANTOR FITZGERALD, L.P.
John J. Ullrich, Esq.
PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP
225 Broadhollow Road, Suite 430
Melville, NY 11747
631-414-7930
Attorneys for Defendant/Third-Party Plaintiff, HVAC CONSTRUCTION INC.
Conway, Farrell,
Curtin & Kelly, PC
4
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FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
AFFIRMATION OF SERVICE
GAIL M. KELLY, an attorney duly admitted to practice law in the State of New York,
affirms the following under penalties of perjury, pursuant to C.P.L.R. § 2106: On November 6, 2020,
I served the within: NOTICE FOR DISCOVERY AND INSPECTION TO THIRD-PARTY
PLAINTIFF, by electronically filing the same on NYSCEF and thereby serving the attorneys for the
parties listed below Service List.
______________________________
GAIL M. KELLY
SERVICE LIST:
Mitchell R. Kahn, Esq.
WINGATE, RUSSOTTI & SHAPIRO
420 Lexington Avenue, Suite 2750
New York, NY 10170
(212) 986-7353
mkahn@wrslaw.com
Attorneys for Plaintiff, HAIMCHAND MOHABIR
David S. Conklin, Esq.
AHMUTY, DEMERS & MCMANUS
200 I.U. Willets Road
Albertson, NY 11507
516-294-5433
David.Conklin@admlaw.com
Attorneys for Defendants, REBECO ASSOCIATES, L.P. and TENBER ASSOCIATES, L.P.
Denise A. Cariello, Esq.
CARIELLO LAW FIRM
333 Earle Ovington Boulevard
Uniondale, NY 11553-3644
516-745-8310
claw@cariellolaw.com
Attorneys for Defendant, CANTOR FITZGERALD, L.P.
John J. Ullrich, Esq.
PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP
225 Broadhollow Road, Suite 430
Melville, NY 11747
631-414-7930
jjullrich@pvrklaw.com
Attorneys for Defendant/Third-Party Plaintiff, HVAC CONSTRUCTION INC.
Conway, Farrell,
Curtin & Kelly, PC
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FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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HAIMCHAND MOHABIR, Index No. 712515/2019
Date Filed: 7/19/2019
Plaintiff,
-against-
REBECO ASSOCIATES, REBECO ASSOCIATES, L.P.,
TENBER ASSOCIATES, TENBER ASSOCIATES, L.P.,
CANTOR FITZGERALD, L.P. and HVAC
CONSTRUCTION INC.,
Defendants.
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HVAC CONSTRUCTION INC.,
Third-Party Plaintiff,
-against-
D&D ELECTRICAL CONSTRUCTION COMPANY
INC.,
Third-Party Defendant.
--------------------------------------------------------------------X
NOTICE FOR DISCOVERY AND INSPECTION TO THIRD-PARTY PLAINTIFF
Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an Attorney admitted to practice law in the
Courts of the State of New York, does hereby certify the attached papers.
______________________________
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Preview
FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X HAIMCHAND MOHABIR, Index No. 712515/2019 Date Filed: 7/19/2019 Plaintiff, NOTICE FOR DISCOVERY AND -against- INSPECTION TO THIRD- PARTY PLAINTIFF REBECO ASSOCIATES, REBECO ASSOCIATES, L.P., TENBER ASSOCIATES, TENBER ASSOCIATES, L.P., CANTOR FITZGERALD, L.P. and HVAC CONSTRUCTION INC., Defendants. --------------------------------------------------------------------X HVAC CONSTRUCTION INC., Third-Party Plaintiff, -against- D&D ELECTRICAL CONSTRUCTION COMPANY INC., Third-Party Defendant. --------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that the Third-Party Defendant, D&D ELECTRICAL CONSTRUCTION COMPANY INC., by its attorneys, CONWAY, FARRELL, CURTIN & KELLY, P.C., hereby demands, pursuant to Article 31 of the C.P.L.R., that the Third-Party Plaintiff, produce for discovery, inspection and photocopying the following documents at the office of CONWAY, FARRELL, CURTIN AND KELLY, P.C., 48 Wall Street, New York, New York 10005, within twenty (20) days of the date of this demand: Conway, Farrell, Curtin & Kelly, PC 1 of 6 FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 1. Copies of all pleadings and responsive pleadings previously served in the plaintiff’s action for personal injuries commenced in SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF QUEENS, and referred to in the Third-Party Complaint. 2. Copies of all Bills of Particulars, and Demands for the same, from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 3. Conformed copies of transcripts of all Examinations Before Trial conducted in the plaintiff’s personal injury action identified above in paragraph 1. 4. Copies of all discovery demands and responses from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 5. Copies of all interrogatories and responses thereto from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 6. Copies of all Orders to Show Cause, motions, cross-motions and replies, together with all supporting and opposing affirmations, affidavits, memorandums of law, if any, previously served in the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 7. Copies of all Orders issued in response to said Orders to Show Cause, motions, cross-motions, and all documents exchanged in compliance with said Orders, if any, from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 8. Copies of all Notices to Admit, interrogatories and responses thereto from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 9. Copies of all Preliminary Conference Orders, if any, from the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. 10. Copies of all reports of physical examinations of the injured plaintiff conducted in the plaintiff’s personal injury action identified above in paragraph 1 of this Notice. Conway, Farrell, Curtin & Kelly, PC 2 2 of 6 FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 11. Copies of all accident reports related to the personal injuries allegedly sustained by the injured plaintiff at the subject location on the date of loss. 12. The complete name and address of all witnesses to the underlying incident involving the injured plaintiff and/or the conditions existing at that location at or about that time. 13. A complete copy of all contracts, agreements and/or work orders between/among the parties to this lawsuit related to the premises where the incident complained of allegedly occurred. PLEASE TAKE FURTHER NOTICE that said materials, papers and/or documents are to be produced within twenty (20) days of the service of this Notice, at CONWAY, FARRELL, CURTIN & KELLY, P.C., 48 Wall Street - 20th Floor, New York, New York 10005, at which time they will be physically inspected, copied and returned. In lieu of production of the original said insurance agreement, true and complete copies of said agreements may be forwarded to the undersigned. PLEASE TAKE FURTHER NOTICE, that the foregoing demand is continuing demand and in the event that the materials become available after the designated date, they should be forwarded to our office within thirty days of receipt. In the event that said material is not produced for inspection and/or photocopying as required herein, the undersigned will move this Court to invoke the penalties applicable under Article 31 of the C.P.L.R. DATED: New York, New York November 6, 2020 CONWAY, FARRELL, CURTIN & KELLY, P.C. By:_________________________________ Conway, Farrell, Curtin & Kelly, PC 3 3 of 6 FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 Gail M. Kelly Attorneys for Third-Party Defendant, D&D ELECTRICAL CONSTRUCTION COMPANY INC. 48 Wall Street – 20th Floor New York, N.Y. 10005 (212) 785-2929 TO: Mitchell R. Kahn, Esq. WINGATE, RUSSOTTI & SHAPIRO 420 Lexington Avenue, Suite 2750 New York, NY 10170 (212) 986-7353 Attorneys for Plaintiff, HAIMCHAND MOHABIR David S. Conklin, Esq. AHMUTY, DEMERS & MCMANUS 200 I.U. Willets Road Albertson, NY 11507 516-294-5433 Attorneys for Defendants, REBECO ASSOCIATES, L.P. and TENBER ASSOCIATES, L.P. Denise A. Cariello, Esq. CARIELLO LAW FIRM 333 Earle Ovington Boulevard Uniondale, NY 11553-3644 516-745-8310 Attorneys for Defendant, CANTOR FITZGERALD, L.P. John J. Ullrich, Esq. PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP 225 Broadhollow Road, Suite 430 Melville, NY 11747 631-414-7930 Attorneys for Defendant/Third-Party Plaintiff, HVAC CONSTRUCTION INC. Conway, Farrell, Curtin & Kelly, PC 4 4 of 6 FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 AFFIRMATION OF SERVICE GAIL M. KELLY, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury, pursuant to C.P.L.R. § 2106: On November 6, 2020, I served the within: NOTICE FOR DISCOVERY AND INSPECTION TO THIRD-PARTY PLAINTIFF, by electronically filing the same on NYSCEF and thereby serving the attorneys for the parties listed below Service List. ______________________________ GAIL M. KELLY SERVICE LIST: Mitchell R. Kahn, Esq. WINGATE, RUSSOTTI & SHAPIRO 420 Lexington Avenue, Suite 2750 New York, NY 10170 (212) 986-7353 mkahn@wrslaw.com Attorneys for Plaintiff, HAIMCHAND MOHABIR David S. Conklin, Esq. AHMUTY, DEMERS & MCMANUS 200 I.U. Willets Road Albertson, NY 11507 516-294-5433 David.Conklin@admlaw.com Attorneys for Defendants, REBECO ASSOCIATES, L.P. and TENBER ASSOCIATES, L.P. Denise A. Cariello, Esq. CARIELLO LAW FIRM 333 Earle Ovington Boulevard Uniondale, NY 11553-3644 516-745-8310 claw@cariellolaw.com Attorneys for Defendant, CANTOR FITZGERALD, L.P. John J. Ullrich, Esq. PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP 225 Broadhollow Road, Suite 430 Melville, NY 11747 631-414-7930 jjullrich@pvrklaw.com Attorneys for Defendant/Third-Party Plaintiff, HVAC CONSTRUCTION INC. Conway, Farrell, Curtin & Kelly, PC 5 of 6 FILED: QUEENS COUNTY CLERK 11/06/2020 01:09 PM INDEX NO. 712515/2019 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 11/06/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X HAIMCHAND MOHABIR, Index No. 712515/2019 Date Filed: 7/19/2019 Plaintiff, -against- REBECO ASSOCIATES, REBECO ASSOCIATES, L.P., TENBER ASSOCIATES, TENBER ASSOCIATES, L.P., CANTOR FITZGERALD, L.P. and HVAC CONSTRUCTION INC., Defendants. --------------------------------------------------------------------X HVAC CONSTRUCTION INC., Third-Party Plaintiff, -against- D&D ELECTRICAL CONSTRUCTION COMPANY INC., Third-Party Defendant. --------------------------------------------------------------------X NOTICE FOR DISCOVERY AND INSPECTION TO THIRD-PARTY PLAINTIFF Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an Attorney admitted to practice law in the Courts of the State of New York, does hereby certify the attached papers. ______________________________ 6 of 6