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211 West Jefferson Street, Suite 20
Syracuse, NY 13202-2680
LAW HRML L P Phone: (315) 474-2943
Fax: (315) 474-0235
www.sugarmanlaw.com
March 14, 2019
(via hand delivery/NYSCEF)
Hon. Deborah H. Karalunas
Justice of the Supreme Court
Onondaga County Courthouse
401 Montgomery St.
Syracuse, NY 13202
RE: Prusik v. Liberty Mutual Insurance Group, et al
Index No. 8588/2018
Dear Justice Karalunas:
On behalf of Liberty Mutual, enclosed please find copy of my Affirmation in Opposition to Plaintiff's
13th
Motion to Compel as well as my letter dated March
Thank you for your kind attention and assistance in this matter.
Respectfully,
Kevin R. Van Duser
kvanduser@sugarmanlaw.com
Direct Dial: 315-362-8939
KRV:mbk
Encl.
cc: Andrew J. Ryan, Esq.
Stephen P. Burke, Esq.
Woods Oviatt Gilman LLP
Daniel F. Mathews, III, Esq.
The Mathews Law Firm
Printed on 100% Recycled Paper
SERVICE BY FAX NOT ACCEPTED
INDEX NO . O O 8 5 8 8 / 2 O 18
FILED : ONONDAGA COUNTY CLERK 03 /13 /2 0 19 0 5 : 2 4 PM)
NYSCEF roC, NO. 61 RECEIVED NYSCEF: 03/13/2 119
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
AFFIRMATION IN
BRIAN C. PRUSIK, OPPOSITION TO
PLAINTIFF'S MOTION
Plaintiff TO COMPEL
vs. Index No. 008588/2018
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants
Kevin R. Van Duser, Esq., respectfully affirms the truth of the following statements under
penalty of perjury pursuant to CPLR 2106:
1. I am an attorney duly licensed to practice in the State of New York, and am a partner
with the Sugarman Law Firm, LLP, attorneys for Defendant Liberty Mutual Insurance Group, Inc.
("Liberty").
2. I make this affinnation in opposition to plaintiff's motion to compel.
3. Plaintiff seeks responses to Combiñed Discovery Demañds, Demand for Production of
Documents, and Interrogatories.
4. Attached hereto is a copy of Liberty's responses to Plaintiff's Combined Discovery
Demands (Exhibit A) and Demand for Production of Documents (Exhibit B), without exhibits, that have
been served upon the plaintiff. As part of the responses, Liberty provided 1,161 pages of claim file
documents relative to the subject insurance claim made by plaintiff and relative to a prior insurance
claim made by plaintiff related to alleged vandalism at the subject property.
5. With respect to responses to plaintiff's interrogatories, I await a signed verification page
from Liberty, which should be received in the near future. Upon service of the verified
interrogatory
LLP-
Sugarman Law Firm, e 11 West Jefferson Street ·Syracuse, NY 1320s
1 o f 2
INDEX NO. 008588 /2018
[FILED ONONDAGA COUNTY CLERK 03 /13 /2 019 0 5 : 2 4 PM)
NYSCEF I lC. NO. 61 RECEIVED NYSCEF: 03/13/2 119
responses, all
outstanding discovery issues related to Liberty should be resolved.
WHEREFORE, your deponent requests an order denying plaintiff's motion upon notification
that the remaining interrogatory responses have been served, together with such other and further relief
as the Court deems just and proper.
DATED: March 13, 2019
Kevin R. Van Duser, Esq.
LLP· ·
Sugarman Law Firm, 211 West Jefferson Street Syracuse, NY 18202
2 of 2
EXHIBIT A
INDEX NO. 008588/2018
FILED ; ONONDAGA COUNTY CLERK 03 /13 /2 019 05 : 2 4 PM
NYSCEF GOC. NO. 62 RECEIVED NYSCEF: 03/13/2]019
3TATE CF HEW YORK
SUI REME COUkT COUN fY OF ONOFDAGA
REEPONSL TO
BRIAN C. PRESIK, PL AINTIFPS COMB!NED
DISCOVERY DEM ANDS
Plaintif
vs. Index Ho. 008588/2018
. |bFRTT MUTUAL INGURANCE GR.OUP INC.,
GEDDFS FEDERAL SAVINGS AND LOAN
ASSOCIATION,
)e fted t:ìts
Defandant. Liberty M.utoai Insurance Grenp Inc. by and through its att rneys Sugarwn Law
Firm, I LP, as and for its response co plaintiff Combi ed Discovery Demands, states as ft lows:
The following
genera: øhie¿ns me w orporated in, and serve as additions to, defendart's
esponses and objections to each of plaintiff's demands.
De#endant objects to each request, definition, and/or instruction that eeks to impose on i
any obligations or responsibilit es other than the requirements mandated by the New "crk L wi Practice
Law a:i·1 Rules and/or any applicable local rules.
Defendaat objects to each request definition, and or instruction to the extent that it seeks
o manon 6:u is not within the defendant's possession, custody, control, or knowkdge.
Defendant objects 'a each request, definiuon, and/or iwtrum m to t extent ..hat li set k3 .
information protected by the attoary -client pridlege work product doctrine, or anv oQer g pl'cable
pin :lege or protection from discovery.
4. Inadvertent productiw of pdvileged information by defendant shall not cor t te
I .m e: af any applicable prt: i!- ges or doctrines.
[F ILED: ONONDAGA COUNTY CLERK INDEX NO. 008588/2018
03 /13 /2 019 05 : 2 4 PM
NYSCEF UOC. NO. 62 RECEIVED NYSCEF: 03/13/2019
Defendant obje ts to each request, to the extent it requests nts. either
m aitly or i uplicit y, as overly broad and unduly burdensome and seek.s documeras that are neither
elevant to the claim or defense of any party nor reasonably calcubted to lead to the Jiscovery af
admissiole evidence.
.. rhene resp3nsea -epresent the aefendant's present knov after a r renabte
Jo ir.ory.
Defendant resaves the right to rely upon documents or -:: .. . ·n Cound as a result of
expressly ar,y
further research.
--
agre to µovide documents. d°fend m does not admit the or
3y ing relevancy
.me;×sibility of sach document and specifically resen e the right to object to the use of such dome ,t,
le or in part, on the ground that it is not relevant, admissible, or m any way related to the issues in
this action.
Defendant's responses and objecdons are not intended to be, and -:h :i- not be con;trued
as, an agreement or concurrence with olaindiPs characterization of any facts. eircumstances. ea gal
obligations.
U. in mklidon w .e a.n 1i t )h ections. defendant may have specific objections to certain
requests as sa 5 J ih n·si m 16. a .g. these specific objections, defendam does not waive any of tne
j General Objections that also me.y be appFcable to the spenfic equ ast These General Objections are
incorporated into each specific response.
REsPONSES
ACCIDENT/INCiDENT REPORTS
3ee Exhibit A (CD). attached to Liberty s responses to co-defendant's Netir of Demar d for
IwJ.ction of Documents and Discovery and Inspection dated October 12 2018 which contains I inern
aPs elaim file relative to the instant claim (Libery el.em number 025768762), and plaintif s pror
claim related to alleged vandahsm (Liberty claim number 034274892).
I
Suponan I m Firm.UP 211West JeffersonStre t Syreun,NY 18909
(F ILED: ONONDAGA COUNTY CLERK 03 /13 /2 019 0 5 : 2 4 INDEX NO. 008588/2018
PM)
NYSCEF ÖOC. NO. 62 RECEIVED NYSCEF: 03/13/2019
IL VIDE•)S SURVEILLANCE MATERIALS, PHOTOGRAPHS, e;c.
Pee &hibit A (CD attached to Libertv's responses to co-detendato's lotice of Demand for
Production # Documeats and IJiscovery and Inspection dated October 12, 23'8 whien comaim IArty
crial's claim file ~elative a the instars claim (Liberty claim number 035768762) w plaintifrr n. or
daim relate3 to alleged vandalism (Liber+y ólm number 034274892).
HL EXPERT WITNESS DISCLODURE
!
Defendant has not yet retained an exm:rt nimess. Any expert disclosure will be made pursuant
u |w -lis.owry order L1this matter,
IV. Mt L½ I DENTFUES
Defenda 1t is not aware of -1m u A ne±.:es other than the parties to this actian, and those witnesses
identified by the plaintiff and co-deiendant.
V. PARTVSTATEMU TS
See Exhibit A (CD\ attached to Liberty's sponses to co-defendant's Notice of Demad for
Production of Documente and Discovery and Inspection dated October 12. 2018 which contains I inerty
I
Mutual's esaim file relative to the instant elaim (Liberty elaim number 035768762) and plaintiff's prior
claim related to alleged vandalism (Liberty claim number 034274892).
VL INSURANCE POLICY
A copy o! the relevant insurance policy is contamed in Exhibit A (CD), attached to Liberty "s
esponse, to co-defendant's Notice .·r Demand for Production of Documents and and -
Discovery
pection d ted October (2, 2018 .
DEFENDANT kESERVES THE RIGHT TO St PPLEMENT/AMEND
THESE 2ESPONSES THROL GH THE TRIAL OF THIS ACTION.
DATFD: March 8, 2019
I · - -.
Keym R V.m A.m.
Sugarman La. F mu. . l
sugarman Law Eirm,LLP 25IWest Mrerson Street Syrarnie, NY a.02
INDEX NO. 008588/2018
(FILED t j ONONDAGA COUNTY CLERK 03/13/2019 05 : 2 4 PM)
NYSCEF ÓÔC. NO. 62 RECEIVED NYSCEF: 03/13/2!019
Attorney for
Defindant,
Liberty Mutual Insurance Grotp Inc
211 West Jefferson Street
Syracuse, NY 13202
15-474-2943
anaussuaermaniaw. xnn
Andrew I. Ryan, Fsq.
Scephen P. Burke, Est
Woods Ovir G:lman L LP
Attorneys for Plamtifi
700 Crossroads Building
2 State St.
Rochester, NY 14614
583-987-2800
s-an@woodsoviatt.com
stephirkegiwaodsoviattsom
Daniel F. Mathews, HI, Esq. I
Atta ney for Geddes Federal Savings & Loan Association
120 E. Washington St.
913-919 Universit3 Building
Syracuse, NY 13202
315-471-2188
DFMathewsillaael.com
- -,- --- .1,LLP ill West 't rs'>6t . .t · -yracuse, NY tin
!
INDEX NO. 008588/2018
(FILED ¼{ ONONDAGA COUNTY CLERK 03 /13 / 2 019 05 : 2 4 PM)
NYSCEF OC. NO. 62 RECEIVED NYSCEF: 03/13/2019
STATE OF NL9' YORK
St I REME COURT Oï TNTY OF ONONDAC A
M'
tN C. PRUSIK
Plaintiff i f LE a N1 CF SLR t'!Œ
-. im:ex No. Di½558 201
BERTY MUTUAL INSURANCE GROUP INC.,
, GLDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants
. . . - - ====
3TATE OF NEW VGRK )
CO NTY OF ONOND/ G b ss:
MARY B KOI O3KI, being +dy swom depo:>es and save: that de ,o lent is no, a par v r ^he
8*
adion, 18 over 18 years of age and resides at ( amiHus, NY l‰. That on the lay O,of Man h, 0
deponent served the within Pasponse to Combined Discovery Demm ds (Plaint ff), try depos:ting 2 n.e .
copy of same enclosed in a postpaM properly addressed wrapper in an afficial de;>ository under .h: ;
exclusive eare and cusody of the Uniteo States Post Office Department withm the State of Nev York
upon the followmg
Andrew L Ryan, Esq.
Stephen P. Burke, Esq.
ocds Oviatt Gilman LLP
700 Crossroads Building
2 State St.
Rochester NY 14614
Daniel F. Mathews, III, Esq.
! 120 E. Washington SL
913-919 University Building
Syracuse, NY 13202 , .
i M i |.D: March 8, 2019 -
: - B. o
rn to before me this
8V day of W;ch, 2019
I .
•:. . .an Law Firm, LLP2tlWest He son r 3rna se Y t s
EXHIBIT B
INDEX NO. 008588/2018
FILED: ONONDAGA COUNTY CLERK 03/13/2019 05 : 2 4 PM
NYSCEF ]ÒpC. NO. 63 RECEIVED NYSCEF: 03/13/1019
STATE OF NEW YORK
3UPREME MURT COUNTY OF ONONDAGA
IRSPONEB TO
dt'
BRJAN C PRUSiK. ! 1 fR3 I EMANil
FOR PIU CFl0 y T
Plaintiff DOL UMEf S
vs. h .x No. 008588 2018
LIBFRTY MtrEUAL INSCPMCE GROUP INC.,
VING"
Gl DDLS FEDERAL SA AND LOAN
ASS'
)CIAl ION
Defendacts
Defen Mutual insurane" Inc and thraugh its attorneys. 1 I aw
lant Lioerty Group by Pagarnia
Firm. LLP. as and for its response to phiintiff's Demand f3r Produaion of Documents. statu as todow
GENERAL OBJECTIONS
The following general objections are mcorporated in. and sene as addit;ons to, defendant s
responses and objections to each of phintitTs demands.
Defendant elvects to each request, definition, and/or instruction that seeks to mpose on a
tiom ar responsibdities other than the requirements raandated by the New f ark Civil I ecce
Law and Rules and/or any applicable local rules.
.. Defendant objects to each request, definition. and/or instructian to the extent that it seeks
information that is not vithin the defendant's possessica, custody, control. or krowledge
. Defendant objects co each request, definition and/or insnuetion to tre extant that it seeks
arn ation protected the attorney-cliert work product or aav othe" appFeable
by privilege, doctrine,
privilege or protection flum disco.ely.
4. Inadvertant production ni privileged information iefendant shall not °onstitme a
waiver of any applicable pri ileges or doctrines
FILED: ONONDAGA COUNTY CLERK 03/13 /2019 05: 24 PM INDEX NO. 008588/ 018
NYSCEF $OC. NO. 63 RECEIVED NYSCEF: 03/13/2019
"all"
ndant objects to each reanest. to the extern it reeaest docume 1s. ei her l
explicitly or implicitly. as overly broad and unduly burdensome and seeks docuraents that are neither
relevant to the claim or defense of any pan wr a. senably calculated to lead to the of
discovery
admissible evidence.
6. These responses reormet the d endant s present know!edge af er a resonable i ..
Defendant expressly reserves the right to rely upon my documents nr inforr‰nen found as a result -·
turther research.
. By agreemy to pmude documents, aefendant does not admit the :vie- .c - . or
dir:ssibilky of such docurnent. and specifically reserves the ight a object to t¡ e use of s½ doc iment
in whcle or in part, on the ground that it is not relevant. admissible. or m any way related to the issues u1
this action
8. Defendant's responses and objections are rot in.cr es a t·.·. and shall not be construed
as, an agreement or concurrence with plaintiff s charactemation of aav facts, - ..tums ances, or legal
obligations.
9. M a..ik -·-: to these General Objections, defendant mas l..6 e --peific otreions to certa n
requ·29.s :ts set Mrth below. these specific objections, defendant does not waive of the
By stating any
General Objections 2hat also be applicable to the specific request. These General -
may Objections are
incorporated into each specific response.
RESPO½FS
18. bec ; xhibit A (CD), attached to Liberty's responses to co-defendant's No1ke of
:1e-.and for Production et Documents and Discovery and Inspection dated October 12, 2018 wh;ch
conaunc Liberty Mutual s claim fik relative to the instant cla m (Liberty claim nuruber 035768762 and
plaintiffi p-ior ci:1 m related to alleged vandalism (I iberty claim nuraber034274802).
.-.-;:-c-...· LawFirm,LLP- L1WestJeffermnLt.-e Syracuse th *Moe
INDEX NO. 008588/2018
(FILED t ONONDAGA COUNTY CLERK 03/13 /2
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211 West Jefferson Street, Suite 20 Syracuse, NY 13202-2680 LAW HRML L P Phone: (315) 474-2943 Fax: (315) 474-0235 www.sugarmanlaw.com March 14, 2019 (via hand delivery/NYSCEF) Hon. Deborah H. Karalunas Justice of the Supreme Court Onondaga County Courthouse 401 Montgomery St. Syracuse, NY 13202 RE: Prusik v. Liberty Mutual Insurance Group, et al Index No. 8588/2018 Dear Justice Karalunas: On behalf of Liberty Mutual, enclosed please find copy of my Affirmation in Opposition to Plaintiff's 13th Motion to Compel as well as my letter dated March Thank you for your kind attention and assistance in this matter. Respectfully, Kevin R. Van Duser kvanduser@sugarmanlaw.com Direct Dial: 315-362-8939 KRV:mbk Encl. cc: Andrew J. Ryan, Esq. Stephen P. Burke, Esq. Woods Oviatt Gilman LLP Daniel F. Mathews, III, Esq. The Mathews Law Firm Printed on 100% Recycled Paper SERVICE BY FAX NOT ACCEPTED INDEX NO . O O 8 5 8 8 / 2 O 18 FILED : ONONDAGA COUNTY CLERK 03 /13 /2 0 19 0 5 : 2 4 PM) NYSCEF roC, NO. 61 RECEIVED NYSCEF: 03/13/2 119 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA AFFIRMATION IN BRIAN C. PRUSIK, OPPOSITION TO PLAINTIFF'S MOTION Plaintiff TO COMPEL vs. Index No. 008588/2018 LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants Kevin R. Van Duser, Esq., respectfully affirms the truth of the following statements under penalty of perjury pursuant to CPLR 2106: 1. I am an attorney duly licensed to practice in the State of New York, and am a partner with the Sugarman Law Firm, LLP, attorneys for Defendant Liberty Mutual Insurance Group, Inc. ("Liberty"). 2. I make this affinnation in opposition to plaintiff's motion to compel. 3. Plaintiff seeks responses to Combiñed Discovery Demañds, Demand for Production of Documents, and Interrogatories. 4. Attached hereto is a copy of Liberty's responses to Plaintiff's Combined Discovery Demands (Exhibit A) and Demand for Production of Documents (Exhibit B), without exhibits, that have been served upon the plaintiff. As part of the responses, Liberty provided 1,161 pages of claim file documents relative to the subject insurance claim made by plaintiff and relative to a prior insurance claim made by plaintiff related to alleged vandalism at the subject property. 5. With respect to responses to plaintiff's interrogatories, I await a signed verification page from Liberty, which should be received in the near future. Upon service of the verified interrogatory LLP- Sugarman Law Firm, e 11 West Jefferson Street ·Syracuse, NY 1320s 1 o f 2 INDEX NO. 008588 /2018 [FILED ONONDAGA COUNTY CLERK 03 /13 /2 019 0 5 : 2 4 PM) NYSCEF I lC. NO. 61 RECEIVED NYSCEF: 03/13/2 119 responses, all outstanding discovery issues related to Liberty should be resolved. WHEREFORE, your deponent requests an order denying plaintiff's motion upon notification that the remaining interrogatory responses have been served, together with such other and further relief as the Court deems just and proper. DATED: March 13, 2019 Kevin R. Van Duser, Esq. LLP· · Sugarman Law Firm, 211 West Jefferson Street Syracuse, NY 18202 2 of 2 EXHIBIT A INDEX NO. 008588/2018 FILED ; ONONDAGA COUNTY CLERK 03 /13 /2 019 05 : 2 4 PM NYSCEF GOC. NO. 62 RECEIVED NYSCEF: 03/13/2]019 3TATE CF HEW YORK SUI REME COUkT COUN fY OF ONOFDAGA REEPONSL TO BRIAN C. PRESIK, PL AINTIFPS COMB!NED DISCOVERY DEM ANDS Plaintif vs. Index Ho. 008588/2018 . |bFRTT MUTUAL INGURANCE GR.OUP INC., GEDDFS FEDERAL SAVINGS AND LOAN ASSOCIATION, )e fted t:ìts Defandant. Liberty M.utoai Insurance Grenp Inc. by and through its att rneys Sugarwn Law Firm, I LP, as and for its response co plaintiff Combi ed Discovery Demands, states as ft lows: The following genera: øhie¿ns me w orporated in, and serve as additions to, defendart's esponses and objections to each of plaintiff's demands. De#endant objects to each request, definition, and/or instruction that eeks to impose on i any obligations or responsibilit es other than the requirements mandated by the New "crk L wi Practice Law a:i·1 Rules and/or any applicable local rules. Defendaat objects to each request definition, and or instruction to the extent that it seeks o manon 6:u is not within the defendant's possession, custody, control, or knowkdge. Defendant objects 'a each request, definiuon, and/or iwtrum m to t extent ..hat li set k3 . information protected by the attoary -client pridlege work product doctrine, or anv oQer g pl'cable pin :lege or protection from discovery. 4. Inadvertent productiw of pdvileged information by defendant shall not cor t te I .m e: af any applicable prt: i!- ges or doctrines. [F ILED: ONONDAGA COUNTY CLERK INDEX NO. 008588/2018 03 /13 /2 019 05 : 2 4 PM NYSCEF UOC. NO. 62 RECEIVED NYSCEF: 03/13/2019 Defendant obje ts to each request, to the extent it requests nts. either m aitly or i uplicit y, as overly broad and unduly burdensome and seek.s documeras that are neither elevant to the claim or defense of any party nor reasonably calcubted to lead to the Jiscovery af admissiole evidence. .. rhene resp3nsea -epresent the aefendant's present knov after a r renabte Jo ir.ory. Defendant resaves the right to rely upon documents or -:: .. . ·n Cound as a result of expressly ar,y further research. -- agre to µovide documents. d°fend m does not admit the or 3y ing relevancy .me;×sibility of sach document and specifically resen e the right to object to the use of such dome ,t, le or in part, on the ground that it is not relevant, admissible, or m any way related to the issues in this action. Defendant's responses and objecdons are not intended to be, and -:h :i- not be con;trued as, an agreement or concurrence with olaindiPs characterization of any facts. eircumstances. ea gal obligations. U. in mklidon w .e a.n 1i t )h ections. defendant may have specific objections to certain requests as sa 5 J ih n·si m 16. a .g. these specific objections, defendam does not waive any of tne j General Objections that also me.y be appFcable to the spenfic equ ast These General Objections are incorporated into each specific response. REsPONSES ACCIDENT/INCiDENT REPORTS 3ee Exhibit A (CD). attached to Liberty s responses to co-defendant's Netir of Demar d for IwJ.ction of Documents and Discovery and Inspection dated October 12 2018 which contains I inern aPs elaim file relative to the instant claim (Libery el.em number 025768762), and plaintif s pror claim related to alleged vandahsm (Liberty claim number 034274892). I Suponan I m Firm.UP 211West JeffersonStre t Syreun,NY 18909 (F ILED: ONONDAGA COUNTY CLERK 03 /13 /2 019 0 5 : 2 4 INDEX NO. 008588/2018 PM) NYSCEF ÖOC. NO. 62 RECEIVED NYSCEF: 03/13/2019 IL VIDE•)S SURVEILLANCE MATERIALS, PHOTOGRAPHS, e;c. Pee &hibit A (CD attached to Libertv's responses to co-detendato's lotice of Demand for Production # Documeats and IJiscovery and Inspection dated October 12, 23'8 whien comaim IArty crial's claim file ~elative a the instars claim (Liberty claim number 035768762) w plaintifrr n. or daim relate3 to alleged vandalism (Liber+y ólm number 034274892). HL EXPERT WITNESS DISCLODURE ! Defendant has not yet retained an exm:rt nimess. Any expert disclosure will be made pursuant u |w -lis.owry order L1this matter, IV. Mt L½ I DENTFUES Defenda 1t is not aware of -1m u A ne±.:es other than the parties to this actian, and those witnesses identified by the plaintiff and co-deiendant. V. PARTVSTATEMU TS See Exhibit A (CD\ attached to Liberty's sponses to co-defendant's Notice of Demad for Production of Documente and Discovery and Inspection dated October 12. 2018 which contains I inerty I Mutual's esaim file relative to the instant elaim (Liberty elaim number 035768762) and plaintiff's prior claim related to alleged vandalism (Liberty claim number 034274892). VL INSURANCE POLICY A copy o! the relevant insurance policy is contamed in Exhibit A (CD), attached to Liberty "s esponse, to co-defendant's Notice .·r Demand for Production of Documents and and - Discovery pection d ted October (2, 2018 . DEFENDANT kESERVES THE RIGHT TO St PPLEMENT/AMEND THESE 2ESPONSES THROL GH THE TRIAL OF THIS ACTION. DATFD: March 8, 2019 I · - -. Keym R V.m A.m. Sugarman La. F mu. . l sugarman Law Eirm,LLP 25IWest Mrerson Street Syrarnie, NY a.02 INDEX NO. 008588/2018 (FILED t j ONONDAGA COUNTY CLERK 03/13/2019 05 : 2 4 PM) NYSCEF ÓÔC. NO. 62 RECEIVED NYSCEF: 03/13/2!019 Attorney for Defindant, Liberty Mutual Insurance Grotp Inc 211 West Jefferson Street Syracuse, NY 13202 15-474-2943 anaussuaermaniaw. xnn Andrew I. Ryan, Fsq. Scephen P. Burke, Est Woods Ovir G:lman L LP Attorneys for Plamtifi 700 Crossroads Building 2 State St. Rochester, NY 14614 583-987-2800 s-an@woodsoviatt.com stephirkegiwaodsoviattsom Daniel F. Mathews, HI, Esq. I Atta ney for Geddes Federal Savings & Loan Association 120 E. Washington St. 913-919 Universit3 Building Syracuse, NY 13202 315-471-2188 DFMathewsillaael.com - -,- --- .1,LLP ill West 't rs'>6t . .t · -yracuse, NY tin ! INDEX NO. 008588/2018 (FILED ¼{ ONONDAGA COUNTY CLERK 03 /13 / 2 019 05 : 2 4 PM) NYSCEF OC. NO. 62 RECEIVED NYSCEF: 03/13/2019 STATE OF NL9' YORK St I REME COURT Oï TNTY OF ONONDAC A M' tN C. PRUSIK Plaintiff i f LE a N1 CF SLR t'!Œ -. im:ex No. Di½558 201 BERTY MUTUAL INSURANCE GROUP INC., , GLDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants . . . - - ==== 3TATE OF NEW VGRK ) CO NTY OF ONOND/ G b ss: MARY B KOI O3KI, being +dy swom depo:>es and save: that de ,o lent is no, a par v r ^he 8* adion, 18 over 18 years of age and resides at ( amiHus, NY l‰. That on the lay O,of Man h, 0 deponent served the within Pasponse to Combined Discovery Demm ds (Plaint ff), try depos:ting 2 n.e . copy of same enclosed in a postpaM properly addressed wrapper in an afficial de;>ository under .h: ; exclusive eare and cusody of the Uniteo States Post Office Department withm the State of Nev York upon the followmg Andrew L Ryan, Esq. Stephen P. Burke, Esq. ocds Oviatt Gilman LLP 700 Crossroads Building 2 State St. Rochester NY 14614 Daniel F. Mathews, III, Esq. ! 120 E. Washington SL 913-919 University Building Syracuse, NY 13202 , . i M i |.D: March 8, 2019 - : - B. o rn to before me this 8V day of W;ch, 2019 I . •:. . .an Law Firm, LLP2tlWest He son r 3rna se Y t s EXHIBIT B INDEX NO. 008588/2018 FILED: ONONDAGA COUNTY CLERK 03/13/2019 05 : 2 4 PM NYSCEF ]ÒpC. NO. 63 RECEIVED NYSCEF: 03/13/1019 STATE OF NEW YORK 3UPREME MURT COUNTY OF ONONDAGA IRSPONEB TO dt' BRJAN C PRUSiK. ! 1 fR3 I EMANil FOR PIU CFl0 y T Plaintiff DOL UMEf S vs. h .x No. 008588 2018 LIBFRTY MtrEUAL INSCPMCE GROUP INC., VING" Gl DDLS FEDERAL SA AND LOAN ASS' )CIAl ION Defendacts Defen Mutual insurane" Inc and thraugh its attorneys. 1 I aw lant Lioerty Group by Pagarnia Firm. LLP. as and for its response to phiintiff's Demand f3r Produaion of Documents. statu as todow GENERAL OBJECTIONS The following general objections are mcorporated in. and sene as addit;ons to, defendant s responses and objections to each of phintitTs demands. Defendant elvects to each request, definition, and/or instruction that seeks to mpose on a tiom ar responsibdities other than the requirements raandated by the New f ark Civil I ecce Law and Rules and/or any applicable local rules. .. Defendant objects to each request, definition. and/or instructian to the extent that it seeks information that is not vithin the defendant's possessica, custody, control. or krowledge . Defendant objects co each request, definition and/or insnuetion to tre extant that it seeks arn ation protected the attorney-cliert work product or aav othe" appFeable by privilege, doctrine, privilege or protection flum disco.ely. 4. Inadvertant production ni privileged information iefendant shall not °onstitme a waiver of any applicable pri ileges or doctrines FILED: ONONDAGA COUNTY CLERK 03/13 /2019 05: 24 PM INDEX NO. 008588/ 018 NYSCEF $OC. NO. 63 RECEIVED NYSCEF: 03/13/2019 "all" ndant objects to each reanest. to the extern it reeaest docume 1s. ei her l explicitly or implicitly. as overly broad and unduly burdensome and seeks docuraents that are neither relevant to the claim or defense of any pan wr a. senably calculated to lead to the of discovery admissible evidence. 6. These responses reormet the d endant s present know!edge af er a resonable i .. Defendant expressly reserves the right to rely upon my documents nr inforr‰nen found as a result -· turther research. . By agreemy to pmude documents, aefendant does not admit the :vie- .c - . or dir:ssibilky of such docurnent. and specifically reserves the ight a object to t¡ e use of s½ doc iment in whcle or in part, on the ground that it is not relevant. admissible. or m any way related to the issues u1 this action 8. Defendant's responses and objections are rot in.cr es a t·.·. and shall not be construed as, an agreement or concurrence with plaintiff s charactemation of aav facts, - ..tums ances, or legal obligations. 9. M a..ik -·-: to these General Objections, defendant mas l..6 e --peific otreions to certa n requ·29.s :ts set Mrth below. these specific objections, defendant does not waive of the By stating any General Objections 2hat also be applicable to the specific request. These General - may Objections are incorporated into each specific response. RESPO½FS 18. bec ; xhibit A (CD), attached to Liberty's responses to co-defendant's No1ke of :1e-.and for Production et Documents and Discovery and Inspection dated October 12, 2018 wh;ch conaunc Liberty Mutual s claim fik relative to the instant cla m (Liberty claim nuruber 035768762 and plaintiffi p-ior ci:1 m related to alleged vandalism (I iberty claim nuraber034274802). .-.-;:-c-...· LawFirm,LLP- L1WestJeffermnLt.-e Syracuse th *Moe INDEX NO. 008588/2018 (FILED t ONONDAGA COUNTY CLERK 03/13 /2