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FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
__________________________ ----------------------------¬-----------:
BRIAN C. PRUSIK,
DEFENDANT'S
Plaintiff COMBINED DISCOVERY
vs. DEMANDS
LIBERTY MUTUAL INSURANCE GROUP INC.,
and Index No.: 8588/2018
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants.
--------------
SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, the Uniform Rules for the New York State Trial Courts at 22 NYCRR 200, and the
authorities hereinafter cited, Defendant Geddes Federal Savings and Loan Association hereby
defendants'
demand that Plaintiff BRIAN C. PRUSIK, furnish to attorney, Daniel F. Mathews,
III, Esq., of 913 University Building, Syracuse, New York 13202, within twenty (20) days of this
Demand, the following:
I. ACCIDENT/INCIDENT REPORTS
On the authority of Andrews v. Regional Transit Service, 88 AD2d 784, 451 NYS2d 528
(4th Dept., 1982), and Harris v. Processed Wood. Inc., 89 AD2d 220, 455 NYS2d 411 (4th Dept.,
1982):
a. Accident or incident reports made by plaintiff prepared or kept in the regular
course of business operations or practices.
b. Any report relating to similar occurrences, accidents or incidents in which
plaintiff or plaintiffs property was involved, prior to or subsequent to the
occurrence or accident complained of herein.
II. VIDEOS, SURVEILLANCE MATERIALS. PHOTOGRAPHS, etc.
Pursuant to CPLR 3101 (d) and 3120 and on the authority of Mate v. Hickok Mfgh,
154 AD2d 173 (1st Dept., 1990); Prewitt v. Beverly 50th Street Corp., 145 Misc2d 257; Lorino
v. MABSTOA, __Misc2d__, NYLJ 3/15/90, page 24 (Hon. Louis Friedman, Supreme Court,
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Bronx County); Gethers v. Hoson Holdings. Inc., Misc2d , NYU 4/25/91, page 26, column
4 (Hon. Beverly Cohen, Supreme Court, New York County, Part 31); DiMichel v. South Buffalo
Railway Co., 1991 WL 276923 (4th Dept, 1991); Careceia v. Enstrom, NYLJ, 1/23/92, p.28, col.
6 (4th Dept); and Kane v. Her-Pet Refrigeration, Inc., 181 AD2d 257 (2nd Dept, 1992):
a. All photographs, slides, videotapes, and/or motion pictures, surveillance
photographs/motion pictures, tape recordings, movies, visual and/or audio and/or
magnetic media reproductions or descriptions of each defendant purporting to
depict the defendant, defendant's activities, actions, speech, etc., whether or not
you intend to use upon the trial of this action, now in your possession, custody or
control, or in possession, custody or control of any party you represent in this
action are to be produced within twenty (20) days after the completion of your
deposition by the Defendant; after the date of this demand a continuing demand is
hereby made that you produce such surveillance material at the undersigned's
office for inspection and copying within twenty (20) days after you, or said party,
obtain possession, custody or control of same.
b. All photographs of the scene of the underlying occurrence;
c. A list of all employees working for plaintiff on the date and time of the
occurrence and their employment capacity on said date and time;
d. The time records, records of amount of footage of film or videotape used;
e. The type of equipment used to take, develop, and convert such film or videotape;
the make and model of all equipment, lenses and range settings employed by
plaintiff and/or plaintiff's photographers, investigators, and/or others used or
associated in conjunction with the surveillance, tape recordings, etc., of the
defendant or alleged scene.
NOTE: The discovery materials enumerated in items (a) through (e) of this
subdivision (H) require production of all such materials (e.g. surveillance photographs,
motion pictures, videotapes, visual and/or audio reproductions, including all out-takes), n_ot
merely portions that the Defendant will select to proffer into evidcacê at the trial of this
"selective"
action; objection and motion will be interposed to offers of proof without
requisite disclosure of all such materials that were garñêred by, for and/or on behalf of
Defendant, his attorneys, investigators and/or all those associated and/or connected with
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Defendant's attorneys in conjunction with this litigation.
III. EXPERT WITNESS DISCLOSURE
Pursuant to CPLR §3101(d)(1)(I), et seq., a statement disclosing in reasonable detail the
following:
a. The identity (name, professional title and address) of each expert whom
Plaintiff intends to call at the trial of this action;
b. The field in which each and every such witness is to be offered as an expert;
c. The qualifications within the field each such expert witness whom plaintiff
intends to call at the trial of this motion;
d. The subject matter on which each and every expert witness is expected to testify;
e. The substance of the facts and opinions on which each and every expert witness is
expected to testify;
f. A summary of the grounds of the expert's opinion.
WITNESSES'
IV. IDENTITIES
Pursuant to Rules 3120(a) and 3101(f) of the CPLR and on the authority of Zelman v.
Metropolitan Transportation Authority, 40 AD2d 248, Zayas v. Morales, 45 AD2d 610 and
Gethers v. Hoson Holdings, Inc, (supra), defendant demands that plaintiff produce the names and
addresses of any and all of the following persons:
a. The individuals who witnessed the underlying occurrence;
b. The individuals who were res gestae or eyewitnesses;
c. The individuals whom plaintiff claims to have any information material to this
occurrence and/or witnessed the acts, omissions, and/or conditions which
allegedly contributed to the occurrence;
d. The individuals who witnessed any admissions made by defendant;
e. The individuals who received actual notice of the underlying conditions which
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constituted a contributing factor to the underlying occurrence;
f. The individuals who received constructive notice of the underlying conditions
which constituted a contributing factor to the underlying occurrence;
g. The individuals who have first hand knowledge pertaining to the injuries and/or
damages which are claimed herein;
h. All individuals whom plaintiff will call at trial to testify in connection with
and/or pertaining to the defendants actions;
I. The identities of all investigators, and/or photographers who filmed, tape records,
etc., the scene and/or were otherwise involved in the filming, videotaping, tape
recording, of the scene.
V. PARTY STATEMENTS
Pursuant to CPLR 3101(e) and 3120, you are required to reproduce any and all statements
in the possession, custody or control of any party you represent in this action and/or on whose
behalf such statements were taken from defendant we represent, or from any agent, servant or
employee of such defendant, whether such statements were oral, written or electronically
recorded, irrespective of whether or not such statements have been transcribed or reduced to
written or typed form.
VI. NOTICE OF DISCOVERY AND INSPECTION OF INSURANCE POLICY
Pursuant to CPLR §3101(f), Plaintiff demands that you produce the following:
a. A complete, certified copy of the original policies of insurance covering each and
every primary, contributing, umbrella and/or excess insurance agreement under
which any person or entity carrying on any insurance business may be liable to
satisfy part or all of a judgment entered against Defendant in this action or to
indemnify or to reimburse Defendant for payments made to satisfy a judgment
which may be entered in this action;
b. Each and every insurance agreement in which the insurer is obligated to defend
this action;
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c. Any applicable insurance agreements insuring the plaintiff in this action;
d. The full name and address of each such insurer, the policy number, the policy
limits, and the amount of applicable deductible amounts;
e. With respect to any deductible for said insurance agreements, identify the party
liable for payment of said deductible;
f. State whether there is an applicable vendor exclusion and set forth the parameters
of said exclusion;
through"
g. If there is any "pass provision with regard to defense and/or
indemnification, set forth the persons or entities who are responsible and/or liable
for said defense and indemnification of this party;
h. State with specificity any and all known or foreseeable disclaimers or retention of
rights contained within the insurance agreement applicable to liability in this
action;
I. If there are any other claims pending or paid against any such coverage, set forth:
I. The total amounts already paid from each policy:
ii. The number of claims made against each policy;
iii. The total ad damnums of any pending claims against each policy;
and
iv. The net remaining insurance coverages available.
J. If there are no other claims pending or paid, an affirmative statement to that effect
is required (see Greenwald v. Eiseman, 502 NYS2d 56; Kimball v. Davis, 81
AD2d 855).
PLEASE TAKE NOTICE, that each and every demand set forth herein constitutes a
continuing demand through the time of trial/retrial of this action.
PLEASE TAKE FURTHER NOTICE, that should plaintiff fail to comply with any of
the aforesaid demands, defendant Geddes Federal S&L will move for an Order compelling
compliance and/or preclusion with these demands and requesting costs on said motion.
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Dated: October 12, 2018
el F. Mathews, III
Attorney for Defendant Geddes Federal S&L
Suite 913-919 University Building
120 E. Washington Street
Syracuse, New York 13202
(315) 471-2188
TO: Woods Oviatt Gilman
Andrew J. Ryan, Esq.
Stephen P. Burke, Esq.
700 Crossroads Building
2 State Street
Rochester, New York 14614
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Preview
FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA __________________________ ----------------------------¬-----------: BRIAN C. PRUSIK, DEFENDANT'S Plaintiff COMBINED DISCOVERY vs. DEMANDS LIBERTY MUTUAL INSURANCE GROUP INC., and Index No.: 8588/2018 GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. -------------- SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the Uniform Rules for the New York State Trial Courts at 22 NYCRR 200, and the authorities hereinafter cited, Defendant Geddes Federal Savings and Loan Association hereby defendants' demand that Plaintiff BRIAN C. PRUSIK, furnish to attorney, Daniel F. Mathews, III, Esq., of 913 University Building, Syracuse, New York 13202, within twenty (20) days of this Demand, the following: I. ACCIDENT/INCIDENT REPORTS On the authority of Andrews v. Regional Transit Service, 88 AD2d 784, 451 NYS2d 528 (4th Dept., 1982), and Harris v. Processed Wood. Inc., 89 AD2d 220, 455 NYS2d 411 (4th Dept., 1982): a. Accident or incident reports made by plaintiff prepared or kept in the regular course of business operations or practices. b. Any report relating to similar occurrences, accidents or incidents in which plaintiff or plaintiffs property was involved, prior to or subsequent to the occurrence or accident complained of herein. II. VIDEOS, SURVEILLANCE MATERIALS. PHOTOGRAPHS, etc. Pursuant to CPLR 3101 (d) and 3120 and on the authority of Mate v. Hickok Mfgh, 154 AD2d 173 (1st Dept., 1990); Prewitt v. Beverly 50th Street Corp., 145 Misc2d 257; Lorino v. MABSTOA, __Misc2d__, NYLJ 3/15/90, page 24 (Hon. Louis Friedman, Supreme Court, 1 of 6 FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 Bronx County); Gethers v. Hoson Holdings. Inc., Misc2d , NYU 4/25/91, page 26, column 4 (Hon. Beverly Cohen, Supreme Court, New York County, Part 31); DiMichel v. South Buffalo Railway Co., 1991 WL 276923 (4th Dept, 1991); Careceia v. Enstrom, NYLJ, 1/23/92, p.28, col. 6 (4th Dept); and Kane v. Her-Pet Refrigeration, Inc., 181 AD2d 257 (2nd Dept, 1992): a. All photographs, slides, videotapes, and/or motion pictures, surveillance photographs/motion pictures, tape recordings, movies, visual and/or audio and/or magnetic media reproductions or descriptions of each defendant purporting to depict the defendant, defendant's activities, actions, speech, etc., whether or not you intend to use upon the trial of this action, now in your possession, custody or control, or in possession, custody or control of any party you represent in this action are to be produced within twenty (20) days after the completion of your deposition by the Defendant; after the date of this demand a continuing demand is hereby made that you produce such surveillance material at the undersigned's office for inspection and copying within twenty (20) days after you, or said party, obtain possession, custody or control of same. b. All photographs of the scene of the underlying occurrence; c. A list of all employees working for plaintiff on the date and time of the occurrence and their employment capacity on said date and time; d. The time records, records of amount of footage of film or videotape used; e. The type of equipment used to take, develop, and convert such film or videotape; the make and model of all equipment, lenses and range settings employed by plaintiff and/or plaintiff's photographers, investigators, and/or others used or associated in conjunction with the surveillance, tape recordings, etc., of the defendant or alleged scene. NOTE: The discovery materials enumerated in items (a) through (e) of this subdivision (H) require production of all such materials (e.g. surveillance photographs, motion pictures, videotapes, visual and/or audio reproductions, including all out-takes), n_ot merely portions that the Defendant will select to proffer into evidcacê at the trial of this "selective" action; objection and motion will be interposed to offers of proof without requisite disclosure of all such materials that were garñêred by, for and/or on behalf of Defendant, his attorneys, investigators and/or all those associated and/or connected with 2 of 6 FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 Defendant's attorneys in conjunction with this litigation. III. EXPERT WITNESS DISCLOSURE Pursuant to CPLR §3101(d)(1)(I), et seq., a statement disclosing in reasonable detail the following: a. The identity (name, professional title and address) of each expert whom Plaintiff intends to call at the trial of this action; b. The field in which each and every such witness is to be offered as an expert; c. The qualifications within the field each such expert witness whom plaintiff intends to call at the trial of this motion; d. The subject matter on which each and every expert witness is expected to testify; e. The substance of the facts and opinions on which each and every expert witness is expected to testify; f. A summary of the grounds of the expert's opinion. WITNESSES' IV. IDENTITIES Pursuant to Rules 3120(a) and 3101(f) of the CPLR and on the authority of Zelman v. Metropolitan Transportation Authority, 40 AD2d 248, Zayas v. Morales, 45 AD2d 610 and Gethers v. Hoson Holdings, Inc, (supra), defendant demands that plaintiff produce the names and addresses of any and all of the following persons: a. The individuals who witnessed the underlying occurrence; b. The individuals who were res gestae or eyewitnesses; c. The individuals whom plaintiff claims to have any information material to this occurrence and/or witnessed the acts, omissions, and/or conditions which allegedly contributed to the occurrence; d. The individuals who witnessed any admissions made by defendant; e. The individuals who received actual notice of the underlying conditions which 3 of 6 FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 constituted a contributing factor to the underlying occurrence; f. The individuals who received constructive notice of the underlying conditions which constituted a contributing factor to the underlying occurrence; g. The individuals who have first hand knowledge pertaining to the injuries and/or damages which are claimed herein; h. All individuals whom plaintiff will call at trial to testify in connection with and/or pertaining to the defendants actions; I. The identities of all investigators, and/or photographers who filmed, tape records, etc., the scene and/or were otherwise involved in the filming, videotaping, tape recording, of the scene. V. PARTY STATEMENTS Pursuant to CPLR 3101(e) and 3120, you are required to reproduce any and all statements in the possession, custody or control of any party you represent in this action and/or on whose behalf such statements were taken from defendant we represent, or from any agent, servant or employee of such defendant, whether such statements were oral, written or electronically recorded, irrespective of whether or not such statements have been transcribed or reduced to written or typed form. VI. NOTICE OF DISCOVERY AND INSPECTION OF INSURANCE POLICY Pursuant to CPLR §3101(f), Plaintiff demands that you produce the following: a. A complete, certified copy of the original policies of insurance covering each and every primary, contributing, umbrella and/or excess insurance agreement under which any person or entity carrying on any insurance business may be liable to satisfy part or all of a judgment entered against Defendant in this action or to indemnify or to reimburse Defendant for payments made to satisfy a judgment which may be entered in this action; b. Each and every insurance agreement in which the insurer is obligated to defend this action; 4 of 6 FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 c. Any applicable insurance agreements insuring the plaintiff in this action; d. The full name and address of each such insurer, the policy number, the policy limits, and the amount of applicable deductible amounts; e. With respect to any deductible for said insurance agreements, identify the party liable for payment of said deductible; f. State whether there is an applicable vendor exclusion and set forth the parameters of said exclusion; through" g. If there is any "pass provision with regard to defense and/or indemnification, set forth the persons or entities who are responsible and/or liable for said defense and indemnification of this party; h. State with specificity any and all known or foreseeable disclaimers or retention of rights contained within the insurance agreement applicable to liability in this action; I. If there are any other claims pending or paid against any such coverage, set forth: I. The total amounts already paid from each policy: ii. The number of claims made against each policy; iii. The total ad damnums of any pending claims against each policy; and iv. The net remaining insurance coverages available. J. If there are no other claims pending or paid, an affirmative statement to that effect is required (see Greenwald v. Eiseman, 502 NYS2d 56; Kimball v. Davis, 81 AD2d 855). PLEASE TAKE NOTICE, that each and every demand set forth herein constitutes a continuing demand through the time of trial/retrial of this action. PLEASE TAKE FURTHER NOTICE, that should plaintiff fail to comply with any of the aforesaid demands, defendant Geddes Federal S&L will move for an Order compelling compliance and/or preclusion with these demands and requesting costs on said motion. 5 of 6 FILED: ONONDAGA COUNTY CLERK 10/12/2018 02:02 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2018 Dated: October 12, 2018 el F. Mathews, III Attorney for Defendant Geddes Federal S&L Suite 913-919 University Building 120 E. Washington Street Syracuse, New York 13202 (315) 471-2188 TO: Woods Oviatt Gilman Andrew J. Ryan, Esq. Stephen P. Burke, Esq. 700 Crossroads Building 2 State Street Rochester, New York 14614 6 of 6