Preview
FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERT ZABORSKI, Index No.: 504273/2017
Plaintiff,
-against- COMBINED
DISCOVERY
MB LORIMER LLC AND CORNERSTONE DEMANDS
BUILDERS NY LLC,
Defendant.
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CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.,
Third-Party Defendant.
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CERTIFICATION PURSUANT TO PART 130
The accompanying papers are served/filed/submitted pursuant to Section 130-1.1-a: 1.)
Demand For Verified Bill Of Particulars To Plaintiffs; 2.) Demand For Bill Of Particulars To
Third-Party Plaintiff(s); 3.) Demand For Medical Authorizations To Plaintiff(s); 4.) Demand For
Statements To All Parties; 5.) Demand For Expert Witness Information To All Parties; 6.)
Demand For Collateral Source Information To Plaintiff(s); 7.) Notice Of Deposition Upon Oral
Examination To All Parties; 8.) Demand For Proof Of Filing And Index Number To Plaintiff(s)
and Third-Party Plaintiff(s); 9.) Demand For Statement of Damages; 10.) Demand For Insurance
Information To All Parties; 11.) Notice For Discovery And Inspection To All Parties;
[CONTINUED ON NEXT PAGE]
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12.) Demand To Plaintiff(s) Pursuant To Manktory Insurer
Reporting Law
Public Law 110-173.
Dated: November 1, 2018
MIRANDA SAMBURSKY
SKLARIN VERVENIOTIS
Attorneys for Third-Party
NEW YORK BUILDER
IN .
By:
Neil L. Sambursky, Esq.
240 Mineola Boulevard
Mineola, New York, 11501
(516) 741-7676
File No.: 17-382
McMAHON, MARTINE & GALLAGHER, LLP
Saiful Islam, Esq.
Attorneys for
DefcñdairdThird-Party Plaintiff
CORNERSTONE BUILDERS NY LLC
7*
55 Washington Street, Floor
Brooklyn, New York 11201
(212) 747-1230
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DEMAND FOR VERIFIED BILL OF PARTICULARS TO PLAINTIFF(S)
PLEASE TAKE NOTICE, that the undersigned hereby demands that the Plaintiff(s)
serve on the undersigned, within thirty (30) days from the date of service hereof, a Verified Bill
of Particulars with respect to the following matters:
1. Set forth the date of birth, social security number and address of the Plaintiff(s) on the
date of the alleged occurrence.
2. State the exact date and approximate time of day of the occurrence complained of.
3. Describe in detail the alleged occurrence.
4. Set forth the location of the occurrence referred to in the Complaint, including the
address and street number of the location, if within a building, give the number of the
floor level and the approximate distance from two or more fixed and identified points.
5. State in detail the acts or omissions constituting the negligence claimed on the part of
each defendant for each cause of action.
6. Set forth the nature and extent of each and every injury claimed to have been sustained by
the Plaintiff(s) and the date(s) of onset of the symptoms.
7. Describe in detail each injury claimed to have resulted in a permanent disability and
describe the nature and degree of disability.
8. Set forth the periods of: (a) total disability; and (b) partial disability.
9. Set forth the length of time it will be claimed Plaintiff(s) were confined (a) to bed; (b)
house; (c) hospital; and (d) other facility.
10. Set forth the date(s) of treatment for the injuries sustained in the alleged occurrence and
the name and address of each provider of the treatment on each date.
11. State (a) the usual business or occupation of the Plaintiff(s) and (b) Plaintiff(s)’ salary or
income, if any, per day, week or month.
12. Set forth the name and address of Plaintiff(s)’ employer, or if self-employed, so state,
indicating the name and address under which the Plaintiff(s) were doing business.
13. Set forth the length of time, if any, Plaintiff(s) were incapacitated from employment of
occupation, or if Plaintiff(s) were students, give the name of the school attended, and the
grade in which they were students, and the dates missed from school.
14. Set forth the amount of lost earnings or any financial loss incurred and the method by
which the lost earnings and financial loss is computed.
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15. Set forth the amounts incurred for:
(a) medical, surgical and dental services, including the name and address of each
facility, stating separately the amount of each service identified and by whom
rendered.
(b) hospital services, clinic charges, stating separately the name and address of each
hospital and clinic and the amount of each bill.
(c) nursing services.
(d) medical supplies.
(e) services for ambulance, x-rays, prescription drugs and prosthetics, stating separately
the amount of each bill and the service for which it was rendered.
(f) Any other item of damage.
16. State whether Plaintiff(s) have sought reimbursement for any of the special damages
alleged above. If so, set forth the name and address of each individual and entity from
whom reimbursement was sought and the amount, if any, of reimbursement obtained.
17. State whether it is claimed that Defendant had notice of the condition complained of and,
if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long Plaintiff(s) claim the condition existed before the alleged
incident; if actual notice is claimed, state by whom and to whom such notice was
allegedly given and the place and time it was given, and whether oral or written and, if
written, set forth a copy thereof.
18. State whether it is claimed that Defendant had notice of the condition complained of and,
if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long Plaintiff(s) claim the condition existed before the alleged
incident; if actual notice is claimed, state by whom and to whom such notice was
allegedly given and the place and time it was given, and whether oral or written and, if
written, set forth a copy thereof.
19. Set forth by chapter, article, section and paragraph each statute, ordinances, rule or
regulation, etc., if any, it will be claimed each Defendant violated.
20. If Plaintiff(s) claim an exception under CPLR §1602 to the limited liability provisions of
CPLR §1601, set forth the basis of the claim.
21. Set forth and indicate if there are any actions pending between the Plaintiff(s) or any
other parties arising from the occurrence other than the within action and, if so, set forth
the court, the names of the parties, the index number of the action and the attorneys
representing the various parties.
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22. Set forth and indicate if there have been any actions and/or claims by Plaintiff(s)
involving injury to the same part of the body for which Plaintiff(s) claim damages in the
instant action. If so, set forth the name of the person(s)/entities against whom the claim
was made, and, if applicable, the court, index number and status of the claim/action.
PLEASE TAKE NOTICE, that upon the failure of the Plaintiff(s) to serve a Verified
Bill of Particulars within the time specified, the Defendant will move for an Order of Preclusion
demanding costs on such motion.
DEMAND FOR BILL OF PARTICULARS TO THIRD-PARTY PLAINTIFF(S)
PLEASE TAKE NOTICE, that the demand is made that you serve on the undersigned,
within thirty (30) days from the date of service hereof, a Verified Bill of Particulars with respect
to the following matters:
1. Set forth the location of the occurrence referred to in the third-party complaint with
sufficient detail to enable Third-Party Defendant to identify the same, including the
address and street number of the location, if within a building, give the number of the
floor level and the approximate distance from two or more fixed and identified points.
2. Set forth in detail the alleged culpable conduct of the Third-Party Defendant and for each
act or omission identified, state:
a.) the date of the act;
b.) the location of the act;
c.) who committed the act;
d.) all witnesses to the act; and,
e.) all documents concerning, relating or referring to “a.)” through “d.)” above.
3. If you contend there is a contract/agreement (the “Agreement”) between the parties, set
forth and identify:
a.) the title of the Agreement, including any form numbers, etc.;
b.) the date the Agreement was signed by the Third-Party Defendant(s) and the name
of the person that signed it;
c.) the date the Agreement was signed by the Third-Party Plaintiff(s), or another
entity, and the name of the person that signed it;
d.) the Article(s) and paragraph(s) within the Agreement which the Third-Party
Plaintiff(s) contend as obligating the Third-Party Defendant to defend and
indemnify the Third-Party Plaintiff(s) in the above matter; and,
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4. If you contend that the Third-Party Defendant breached its Agreement with the Third-
Party Plaintiff(s), and state:
a.) the Agreement that was allegedly breached;
b.) the exact provisions in the Agreement that were allegedly breached;
c.) when the alleged breach occurred;
d.) whether Third-Party Plaintiff(s) notified the Third-Party Defendant(s) of the
alleged breach, and if so, how;
e.) when and how the Third-Party Plaintiff(s) requested that Third-Party Defendant’s
general liability insurer defend and indemnify Third-Party Plaintiff(s) in the above
matter; and,
f.) all documents concerning, relating or referring to “a.)” through “e.)” above.
5. Set forth the amount of fees and expenses that Third-Party Plaintiff(s) are seeking from
Third-Party Defendant(s).
6. State whether it is claimed that Third-Party Defendant(s) had notice of the condition
complained of and, if so, state whether actual or constructive notice is claimed; if
constructive notice is claimed, state for how long Third-Party Plaintiff(s) claim the
condition existed before the alleged incident; if actual notice is claimed, state by whom
and to whom such notice was allegedly given and the place and time itwas given, and
whether oral or written and, if written, set forth a copy thereof. Identify all documents in
support of your contentions herein.
PLEASE TAKE NOTICE, that upon the failure of the Third-Party Plaintiff(s) to serve a
Verified Bill of Particulars within the time specified, the undersigned will move for an Order of
Preclusion.
DEMAND FOR MEDICAL AUTHORIZATIONS TO PLAINTIFF(S)
PLEASE TAKE NOTICE, you are hereby demanded to furnish to the undersigned
within twenty (20) days from the date hereof the following:
1. The names and addresses of those physicians and health care providers that have treated
and/or examined Plaintiff(s) as a result of the occurrence giving rise to this litigation;
2. Copies of any and all reports of those physicians and health care providers who have
treated and/or examined Plaintiff(s) as a result of the occurrence giving rise to this
litigation.
3. Duly executed and notarized written authorizations permitting the undersigned or their
representative to inspect and obtain copies of the records, office charts, nurses’ notes,
diagnostic studies, and actual films of x-rays, MRI’s, and CAT scans, and copies of any
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other records maintained by those physicians and health care facilities referred to in ¶ 1,
above.
4. Duly executed and notarized written authorizations permitting the undersigned or their
representative to inspect and obtain copies of the records of any and all hospitals where
Plaintiff(s) was treated and/or confined, including all radiographic study reports, and
actual films of x-rays, MRI’s and CAT scans, etc.
PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue
during the pendency of this action, including during the trial of this case. In the event of a
refusal to comply with this Demand, the undersigned shall seek to preclude the testimony of any
parties in relation to the documents sought by this Demand.
DEMAND FOR STATEMENTS TO ALL PARTIES
PLEASE TAKE NOTICE, that demand is hereby made upon all parties pursuant to
CPLR sections 3101(e) and 3120, for a copy of all statements, signed or unsigned, recorded on
tape electronically or otherwise, made by any representatives of the party represented by
MIRANDA SAMBURSKY SLONE SKLARIN VERVENIOTIS LLP, or its/their agents,
servants and employees of said parties, taken by, or on behalf of, or in the possession of, any of
the other parties to this action or their respective attorneys relating to the incident involved in the
within action. If there are no statements please advise accordingly by sworn statement.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
within thirty (30) days hereof will serve as a basis for objection by the undersigned to the use of
such statements upon the trial of this matter.
DEMAND FOR EXPERT WITNESS INFORMATION TO ALL PARTIES
PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR
3101(a), that you set forth in writing and under oath, the name and address of each person
claimed by any party you represent to be a witness to any of the following:
1. The occurrence alleged in the complaint;
2. Any acts, omissions, or conditions that allegedly caused the occurrence alleged in the
complaint;
3. Any actual notice allegedly given to the party represented by the undersigned, or any
employee(s) of said party of any condition that allegedly caused the occurrence alleged in
the complaint;
4. The nature and duration of any alleged condition that allegedly caused the occurrence
alleged in the complaint.
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PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue
during the pendency of this action, including during the trial of this case. In the event of a
refusal to comply with this Demand, the undersigned shall seek to preclude the testimony of any
parties in relation to the documents sought by this Demand.
DEMAND FOR COLLATERAL SOURCE INFORMATION TO PLAINTIFF(S)
Demand is hereby made, pursuant to § 4545 of the Civil Practice Law and Rules, that
Plaintiff(s) serve upon the undersigned, within twenty (20) days of the date of service hereof, the
following:
1. A verified statement as to whether Plaintiff(s) seeks to recover any part of the cost of
medical care, dental care, custodial care, rehabilitation services, loss of earnings or other
economic loss alleged to have been sustained herein.
2. If item (1) is answered in the affirmative, provide a verified statement as to whether each
such item sought to be recovered herein is replaced or indemnified, in whole or in part,
from any collateral source, including not limited to insurance (except life insurance),
Social Security (except those benefits provided under Title 18 of the Social Security Act,
42 USCA §1395, et seq.), Workers’ Compensation, or employee benefit programs, and, if
so, state the full name and address of each organization or program providing such
replacement or indemnification together with an itemized statement of the amount in
which each such claimed item of economic loss was replaced or indemnified by each
such organization or program.
3. Provide an itemized statement detailing the nature and amount of premiums paid by
Plaintiff(s) for such benefits for the two (2) year period immediately preceding the actual
accrual of this action.
4. Set forth the name and address of each collateral source which Plaintiff(s) claims she is
entitled by law to and any and all liens against any recovery by the Plaintiff(s).
5. Provide an itemized statement of the nature and amount of the projected future cost of
maintaining such benefits.
6. State the amounts of such benefits Plaintiff(s) will receive in the future from each such
collateral source pursuant to contract or other enforceable agreement subject only to the
continued payment of a premium and such other financial obligations as may be required
by such agreement.
7. Demand is additionally made for duly executed original authorizations permitting the
undersigned to inspect and copy records and files maintained by each payer of such
collateral sources or payments identified in response to the foregoing demand.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
will lead to the conclusion that no recovery for any part of the cost of medical care, dental care,
custodial care, rehabilitation services, lost earnings or other economic loss alleged to have been
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sustained is being sought and objection will be made at trial to the introduction into evidence of
any proof with regard to these matters.
NOTICE OF DEPOSITION UPON ORAL EXAMINATION TO ALL PARTIES
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination of Plaintiff(s) and all parties will be taken before a
Notary Public who is not an attorney, or employee of an attorney, for any party or prospective
party herein and is not a person who would be disqualified to act as a juror because of interest or
because of consanguinity or affinity to any party herein, at a Plaintiff(s)’ counsel’s office on the
31st day of January, 2019 at 10:00 o'clock in the forenoon of that day with respect to evidence
material and necessary in the prosecution-defense of this action:
That the said persons to be examined are required to produce at such examination the
following:
All books, records, documents and papers relating to the facts and circumstances herein,
and relevant to said action and the issues therein.
DEMAND FOR PROOF OF FILING AND INDEX NUMBER
TO PLAINTIFF(S) AND THIRD-PARTY PLAINTIFF(S)
PLEASE TAKE NOTICE, that, pursuant to CPLR §306-b and 3120, demand is hereby
made that Plaintiff(s) and Third-Party Plaintiff(s) provide copies of the receipt for index number
purchased and all proofs of service within fourteen (14) days from the date hereof.
PLEASE TAKE FURTHER NOTICE, that, if Plaintiff(s) and Third-Party Plaintiff(s)
have not complied with filing requirements of CPLR §306-b, upon compliance, Plaintiff(s)’
response to this demand should be amended accordingly.
DEMAND FOR STATEMENT OF DAMAGES
PLEASE TAKE NOTICE, that pursuant to CPLR §3017 demand is hereby made that
Plaintiff(s) and Third-Party Plaintiff(s) set for the amount of damages claimed on each cause of
action.
DEMAND FOR INSURANCE INFORMATION TO ALL PARTIES
PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR
3101(f) to produce and permit the undersigned attorney to inspect and copy the contents of (a)
each and every primary, contributing and excess insurance agreement under which any person
carrying on an insurance business may be liable to satisfy part or all of a judgment which may be
entered in this action or to indemnify or reimburse for payments made to satisfy the judgment,
and (b) each and every insurance agreement in which the insurer is obligated to defend this
action.
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PLEASE TAKE FURTHER NOTICE, insurance agreements produced in response to
this demand shall include the complete documents and policy including but not limited to
declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets
and/or binders, etc.
PLEASE TAKE FURTHER NOTICE, that said insurance agreements are to be
produced within thirty (30) days hereof. at the office of Miranda Sambursky Slone Sklarin
Verveniotis LLP, 240 Mineola Boulevard, Mineola, New York 11501, at which time they will be
physically inspected, copied or mechanically reproduced and returned.
NOTICE FOR DISCOVERY AND INSPECTION TO ALL PARTIES
PLEASE TAKE NOTICE, that pursuant to Rules 3101 and 3120 of New York Civil
Practice Rules, the undersigned demand that within thirty (30) days of the date of service hereof
that you produce and permit the undersigned to inspect and copy at the office of Miranda
Sambursky Slone Sklarin Verveniotis LLP, 240 Mineola Boulevard, Mineola, New York 11501
the following documents:
PLEASE TAKE FURTHER NOTICE, that this notice is intended to cover all
documents in possession of all parties, their agents and representatives or which are subject to
the custody and control of the parties, their agents and representatives:
SCHEDULE
1. All documents referred to or relied upon in answering the within Combined Demands.
2. Duplicate original copies of any and all photographs, films or videotapes which depict or
purport to depict the construction project and all equipment at issue.
3. Duplicate original color copies of any and all photographs, films, electronic images and
videos and videotapes which depict or purport to depict the accident location, all
equipment and items involved in the accident and any other item or product allegedly at
issue.
4. Duplicate original color copies of any and all photographs, films, electronic images and
videos and videotapes, which depict or purport to depict any aspect of Plaintiff(s)’
injuries alleged herein.
5. If it is claimed that any party had actual, written notice of the condition complained of,
set forth copies of such written notice.
6. All reports, correspondences and/or notices prepared or signed by Plaintiff(s) or on
Plaintiff(s)’ behalf to employers, insurers, government entities, consumer protection
agencies, or other persons or entities concerning the accident at issue and injuries alleged
in this action.
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7. All written reports generated or received by Plaintiff(s) or on Plaintiff(s)’ behalf
concerning the accident at issue and injuries alleged which were prepared in the regular
course of business operations or practices of any person, firm, corporation, association or
other public or private entity.
8. All reports prepared by and on behalf of or signed by Plaintiff(s) or on Plaintiff(s)’
behalf, including but not limited to accident and aided reports, relating to the condition,
circumstances, etc. alleged herein.
9. All medical reports received from all physician(s), hospital(s), clinic(s), healthcare
facility(ies) and medical provider(s) who have consulted, examined or treated Plaintiff(s)
for each of the conditions allegedly caused by, or exacerbated by, the occurrence
described in the Complaint.
10. All bills, invoices, records and other documents that support your claim for pecuniary
loss.
11. Any signed statement, unsigned statement, or copy of any recorded statement or
document made by or taken from any party represented by the undersigned in this action,
or from any agent, servant or employee of said party.
12. The names and addresses of each person known or claimed by you or any party you
represent in this action to be a witness or who you will call as a witness at trial on:
(a) the occurrence alleged in the Complaint in this action;
(b) any acts, omissions, or conditions which allegedly cause the occurrence alleged in
the Complaint and the Third-Party Complaint;
(c) any actual notice allegedly given to the Third-Party Defendant herein of any
condition with allegedly caused the occurrence, circumstances, other conditions,
etc. alleged in the Complaint;
(d) the nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the Complaint; and,
(e) any damages (both compensatory and pecuniary) alleged by the Plaintiff(s) and
Third-Party Plaintiff(s).
13. Duly executed and acknowledged written HIPPA compliant authorizations permitting the
undersigned to obtain Plaintiff(s):
(a) personnel file(s) for the period of five (5) years before the first act of negligence
alleged in the Complaint and continuing through the present date;
(b) records from all Workers’ Compensation insurer(s) to whom Plaintiff(s)’
decedent made a claim within the last ten (10) years;
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(c) records from all health insurers for Plaintiff(s) for the past ten (10) years;
(d) records from all physician(s), hospital(s), clinic(s), healthcare facility(ies) and
medical provider(s) where the Plaintiff(s) was treated or confined due to the
injuries alleged in the Complaint;
(e) complete pharmacy or drug store records with respect to any drugs prescribed for
Plaintiff(s) for the ten (10) year period before the first act of negligence alleged in
the Complaint and continuing through the present;
(f) all diagnostic films or tests including but not limited to x-rays, CT scans, MRI’s,
etc. taken of Plaintiff(s) in connection with the injuries claimed in this lawsuit;
(g) all physician(s), hospital(s), clinic(s), healthcare facility(ies) and medical
provider(s) relating to the medical care and treatment of Plaintiff(s) for a period of
ten (10) years before the first act of negligence alleged in the Complaint and
continuing through the present;
(h) State and Federal tax returns for the Plaintiff(s) for ten (10) years prior to and
including the date of loss at issue.
14. All guideline(s), law(s), rule(s), regulation(s) or standard(s) upon which you intend to
rely to support your claim against Third-Party Defendant.
15. Any and all investigative reports, both governmental and private, concerning the
transactions or occurrences which are the subject of this action, including but not limited
to any such reports by experts who are expected to be called as witnesses.
16. Any and all drawings, plots or diagrams relating to the subject incident or of any object
involved in the subject incident.
17. Any and all documents containing the names and home and business addresses of all
individuals contacted as potential witnesses.
18. All photographs, recordings, films, charts, tapes, files, sketches, graphs and diagrams
taken and/or prepared relating to the incident which is the basis of this lawsuit. Include
such items that relate to the area involved in this accident or occurrence, the locale or
surrounding area of the site of this accident or occurrence, or any other matter or things
involved in this accident or occurrence in the possession or under the control of
Plaintiff(s), its agents, servants, workmen and/or employees or counsel.
19. Any and all correspondence, transmittal slips, messages, electronic messages, and/or any
other form of written communication between Plaintiff(s), its agents and/or
representatives and any other party to this action or any other action arising out of the
subject incident.
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20. Any and all documents, reports, or other records which relate to or which you contend
relate to the matters alleged in the Complaint, Third-Party Complaint or defenses asserted
thereto by any party.
21. Any and all documents which may or will be used as an exhibit at trial or any evidentiary
hearing in this matter.
22. Any and all documents which have been provided to any expert or lay witness who may
or will be called to testify on your behalf at a trial or any evidentiary hearing in this
matter.
23. Any and all documents received from any person who may or will be called as an expert
or lay witness at trial or any evidentiary hearing.
24. Each and every curriculum vitae or resume prepared by your experts within the past five
(5) years.
25. Any and all texts, treatises or articles which you intend to rely upon at trial, including
those referred to by your experts and those used or to be used in the examination or cross-
examination of any experts to be called by any party to this action.
26. All documents which upon which the Plaintiff(s) will rely to substantiate their claim for
compensatory and pecuniary damages.
27. Copies of transcripts containing testimony by the Plaintiff(s) relating to the subject
incident or the Plaintiff(s)’ injuries alleged herein, including but not limited to 50-h
hearings, Social Security Administration disability hearings, and Workers’ Compensation
Board hearings.
28. As to the Third-Party Plaintiff(s) only:
a. All pleadings, orders, correspondence, discovery, depositions and other
documents exchanged between the parties and filed with the Court prior to the
inception of the third-party action;
b. All contracts, purchase orders, and correspondence, electronic or otherwise,
between the Third-Party Plaintiff(s) and Third-Party Defendant(s) regarding the
project at issue;
c. All correspondence, documents, emails and any other written communication
between the Third-Party Plaintiff(s) and Third-Party Defendant(s) regarding the
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FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X ROBERT ZABORSKI, Index No.: 504273/2017 Plaintiff, -against- COMBINED DISCOVERY MB LORIMER LLC AND CORNERSTONE DEMANDS BUILDERS NY LLC, Defendant. -----------------------------------------------------------------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC., Third-Party Defendant. -----------------------------------------------------------------X CERTIFICATION PURSUANT TO PART 130 The accompanying papers are served/filed/submitted pursuant to Section 130-1.1-a: 1.) Demand For Verified Bill Of Particulars To Plaintiffs; 2.) Demand For Bill Of Particulars To Third-Party Plaintiff(s); 3.) Demand For Medical Authorizations To Plaintiff(s); 4.) Demand For Statements To All Parties; 5.) Demand For Expert Witness Information To All Parties; 6.) Demand For Collateral Source Information To Plaintiff(s); 7.) Notice Of Deposition Upon Oral Examination To All Parties; 8.) Demand For Proof Of Filing And Index Number To Plaintiff(s) and Third-Party Plaintiff(s); 9.) Demand For Statement of Damages; 10.) Demand For Insurance Information To All Parties; 11.) Notice For Discovery And Inspection To All Parties; [CONTINUED ON NEXT PAGE] Page 1 of 15 1 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 12.) Demand To Plaintiff(s) Pursuant To Manktory Insurer Reporting Law Public Law 110-173. Dated: November 1, 2018 MIRANDA SAMBURSKY SKLARIN VERVENIOTIS Attorneys for Third-Party NEW YORK BUILDER IN . By: Neil L. Sambursky, Esq. 240 Mineola Boulevard Mineola, New York, 11501 (516) 741-7676 File No.: 17-382 McMAHON, MARTINE & GALLAGHER, LLP Saiful Islam, Esq. Attorneys for DefcñdairdThird-Party Plaintiff CORNERSTONE BUILDERS NY LLC 7* 55 Washington Street, Floor Brooklyn, New York 11201 (212) 747-1230 2 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 DEMAND FOR VERIFIED BILL OF PARTICULARS TO PLAINTIFF(S) PLEASE TAKE NOTICE, that the undersigned hereby demands that the Plaintiff(s) serve on the undersigned, within thirty (30) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters: 1. Set forth the date of birth, social security number and address of the Plaintiff(s) on the date of the alleged occurrence. 2. State the exact date and approximate time of day of the occurrence complained of. 3. Describe in detail the alleged occurrence. 4. Set forth the location of the occurrence referred to in the Complaint, including the address and street number of the location, if within a building, give the number of the floor level and the approximate distance from two or more fixed and identified points. 5. State in detail the acts or omissions constituting the negligence claimed on the part of each defendant for each cause of action. 6. Set forth the nature and extent of each and every injury claimed to have been sustained by the Plaintiff(s) and the date(s) of onset of the symptoms. 7. Describe in detail each injury claimed to have resulted in a permanent disability and describe the nature and degree of disability. 8. Set forth the periods of: (a) total disability; and (b) partial disability. 9. Set forth the length of time it will be claimed Plaintiff(s) were confined (a) to bed; (b) house; (c) hospital; and (d) other facility. 10. Set forth the date(s) of treatment for the injuries sustained in the alleged occurrence and the name and address of each provider of the treatment on each date. 11. State (a) the usual business or occupation of the Plaintiff(s) and (b) Plaintiff(s)’ salary or income, if any, per day, week or month. 12. Set forth the name and address of Plaintiff(s)’ employer, or if self-employed, so state, indicating the name and address under which the Plaintiff(s) were doing business. 13. Set forth the length of time, if any, Plaintiff(s) were incapacitated from employment of occupation, or if Plaintiff(s) were students, give the name of the school attended, and the grade in which they were students, and the dates missed from school. 14. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. Page 3 of 15 3 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 15. Set forth the amounts incurred for: (a) medical, surgical and dental services, including the name and address of each facility, stating separately the amount of each service identified and by whom rendered. (b) hospital services, clinic charges, stating separately the name and address of each hospital and clinic and the amount of each bill. (c) nursing services. (d) medical supplies. (e) services for ambulance, x-rays, prescription drugs and prosthetics, stating separately the amount of each bill and the service for which it was rendered. (f) Any other item of damage. 16. State whether Plaintiff(s) have sought reimbursement for any of the special damages alleged above. If so, set forth the name and address of each individual and entity from whom reimbursement was sought and the amount, if any, of reimbursement obtained. 17. State whether it is claimed that Defendant had notice of the condition complained of and, if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long Plaintiff(s) claim the condition existed before the alleged incident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and, if written, set forth a copy thereof. 18. State whether it is claimed that Defendant had notice of the condition complained of and, if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long Plaintiff(s) claim the condition existed before the alleged incident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and, if written, set forth a copy thereof. 19. Set forth by chapter, article, section and paragraph each statute, ordinances, rule or regulation, etc., if any, it will be claimed each Defendant violated. 20. If Plaintiff(s) claim an exception under CPLR §1602 to the limited liability provisions of CPLR §1601, set forth the basis of the claim. 21. Set forth and indicate if there are any actions pending between the Plaintiff(s) or any other parties arising from the occurrence other than the within action and, if so, set forth the court, the names of the parties, the index number of the action and the attorneys representing the various parties. Page 4 of 15 4 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 22. Set forth and indicate if there have been any actions and/or claims by Plaintiff(s) involving injury to the same part of the body for which Plaintiff(s) claim damages in the instant action. If so, set forth the name of the person(s)/entities against whom the claim was made, and, if applicable, the court, index number and status of the claim/action. PLEASE TAKE NOTICE, that upon the failure of the Plaintiff(s) to serve a Verified Bill of Particulars within the time specified, the Defendant will move for an Order of Preclusion demanding costs on such motion. DEMAND FOR BILL OF PARTICULARS TO THIRD-PARTY PLAINTIFF(S) PLEASE TAKE NOTICE, that the demand is made that you serve on the undersigned, within thirty (30) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters: 1. Set forth the location of the occurrence referred to in the third-party complaint with sufficient detail to enable Third-Party Defendant to identify the same, including the address and street number of the location, if within a building, give the number of the floor level and the approximate distance from two or more fixed and identified points. 2. Set forth in detail the alleged culpable conduct of the Third-Party Defendant and for each act or omission identified, state: a.) the date of the act; b.) the location of the act; c.) who committed the act; d.) all witnesses to the act; and, e.) all documents concerning, relating or referring to “a.)” through “d.)” above. 3. If you contend there is a contract/agreement (the “Agreement”) between the parties, set forth and identify: a.) the title of the Agreement, including any form numbers, etc.; b.) the date the Agreement was signed by the Third-Party Defendant(s) and the name of the person that signed it; c.) the date the Agreement was signed by the Third-Party Plaintiff(s), or another entity, and the name of the person that signed it; d.) the Article(s) and paragraph(s) within the Agreement which the Third-Party Plaintiff(s) contend as obligating the Third-Party Defendant to defend and indemnify the Third-Party Plaintiff(s) in the above matter; and, Page 5 of 15 5 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 4. If you contend that the Third-Party Defendant breached its Agreement with the Third- Party Plaintiff(s), and state: a.) the Agreement that was allegedly breached; b.) the exact provisions in the Agreement that were allegedly breached; c.) when the alleged breach occurred; d.) whether Third-Party Plaintiff(s) notified the Third-Party Defendant(s) of the alleged breach, and if so, how; e.) when and how the Third-Party Plaintiff(s) requested that Third-Party Defendant’s general liability insurer defend and indemnify Third-Party Plaintiff(s) in the above matter; and, f.) all documents concerning, relating or referring to “a.)” through “e.)” above. 5. Set forth the amount of fees and expenses that Third-Party Plaintiff(s) are seeking from Third-Party Defendant(s). 6. State whether it is claimed that Third-Party Defendant(s) had notice of the condition complained of and, if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long Third-Party Plaintiff(s) claim the condition existed before the alleged incident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time itwas given, and whether oral or written and, if written, set forth a copy thereof. Identify all documents in support of your contentions herein. PLEASE TAKE NOTICE, that upon the failure of the Third-Party Plaintiff(s) to serve a Verified Bill of Particulars within the time specified, the undersigned will move for an Order of Preclusion. DEMAND FOR MEDICAL AUTHORIZATIONS TO PLAINTIFF(S) PLEASE TAKE NOTICE, you are hereby demanded to furnish to the undersigned within twenty (20) days from the date hereof the following: 1. The names and addresses of those physicians and health care providers that have treated and/or examined Plaintiff(s) as a result of the occurrence giving rise to this litigation; 2. Copies of any and all reports of those physicians and health care providers who have treated and/or examined Plaintiff(s) as a result of the occurrence giving rise to this litigation. 3. Duly executed and notarized written authorizations permitting the undersigned or their representative to inspect and obtain copies of the records, office charts, nurses’ notes, diagnostic studies, and actual films of x-rays, MRI’s, and CAT scans, and copies of any Page 6 of 15 6 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 other records maintained by those physicians and health care facilities referred to in ¶ 1, above. 4. Duly executed and notarized written authorizations permitting the undersigned or their representative to inspect and obtain copies of the records of any and all hospitals where Plaintiff(s) was treated and/or confined, including all radiographic study reports, and actual films of x-rays, MRI’s and CAT scans, etc. PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, including during the trial of this case. In the event of a refusal to comply with this Demand, the undersigned shall seek to preclude the testimony of any parties in relation to the documents sought by this Demand. DEMAND FOR STATEMENTS TO ALL PARTIES PLEASE TAKE NOTICE, that demand is hereby made upon all parties pursuant to CPLR sections 3101(e) and 3120, for a copy of all statements, signed or unsigned, recorded on tape electronically or otherwise, made by any representatives of the party represented by MIRANDA SAMBURSKY SLONE SKLARIN VERVENIOTIS LLP, or its/their agents, servants and employees of said parties, taken by, or on behalf of, or in the possession of, any of the other parties to this action or their respective attorneys relating to the incident involved in the within action. If there are no statements please advise accordingly by sworn statement. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within thirty (30) days hereof will serve as a basis for objection by the undersigned to the use of such statements upon the trial of this matter. DEMAND FOR EXPERT WITNESS INFORMATION TO ALL PARTIES PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101(a), that you set forth in writing and under oath, the name and address of each person claimed by any party you represent to be a witness to any of the following: 1. The occurrence alleged in the complaint; 2. Any acts, omissions, or conditions that allegedly caused the occurrence alleged in the complaint; 3. Any actual notice allegedly given to the party represented by the undersigned, or any employee(s) of said party of any condition that allegedly caused the occurrence alleged in the complaint; 4. The nature and duration of any alleged condition that allegedly caused the occurrence alleged in the complaint. Page 7 of 15 7 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, including during the trial of this case. In the event of a refusal to comply with this Demand, the undersigned shall seek to preclude the testimony of any parties in relation to the documents sought by this Demand. DEMAND FOR COLLATERAL SOURCE INFORMATION TO PLAINTIFF(S) Demand is hereby made, pursuant to § 4545 of the Civil Practice Law and Rules, that Plaintiff(s) serve upon the undersigned, within twenty (20) days of the date of service hereof, the following: 1. A verified statement as to whether Plaintiff(s) seeks to recover any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings or other economic loss alleged to have been sustained herein. 2. If item (1) is answered in the affirmative, provide a verified statement as to whether each such item sought to be recovered herein is replaced or indemnified, in whole or in part, from any collateral source, including not limited to insurance (except life insurance), Social Security (except those benefits provided under Title 18 of the Social Security Act, 42 USCA §1395, et seq.), Workers’ Compensation, or employee benefit programs, and, if so, state the full name and address of each organization or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. 3. Provide an itemized statement detailing the nature and amount of premiums paid by Plaintiff(s) for such benefits for the two (2) year period immediately preceding the actual accrual of this action. 4. Set forth the name and address of each collateral source which Plaintiff(s) claims she is entitled by law to and any and all liens against any recovery by the Plaintiff(s). 5. Provide an itemized statement of the nature and amount of the projected future cost of maintaining such benefits. 6. State the amounts of such benefits Plaintiff(s) will receive in the future from each such collateral source pursuant to contract or other enforceable agreement subject only to the continued payment of a premium and such other financial obligations as may be required by such agreement. 7. Demand is additionally made for duly executed original authorizations permitting the undersigned to inspect and copy records and files maintained by each payer of such collateral sources or payments identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing will lead to the conclusion that no recovery for any part of the cost of medical care, dental care, custodial care, rehabilitation services, lost earnings or other economic loss alleged to have been Page 8 of 15 8 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 sustained is being sought and objection will be made at trial to the introduction into evidence of any proof with regard to these matters. NOTICE OF DEPOSITION UPON ORAL EXAMINATION TO ALL PARTIES PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of Plaintiff(s) and all parties will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at a Plaintiff(s)’ counsel’s office on the 31st day of January, 2019 at 10:00 o'clock in the forenoon of that day with respect to evidence material and necessary in the prosecution-defense of this action: That the said persons to be examined are required to produce at such examination the following: All books, records, documents and papers relating to the facts and circumstances herein, and relevant to said action and the issues therein. DEMAND FOR PROOF OF FILING AND INDEX NUMBER TO PLAINTIFF(S) AND THIRD-PARTY PLAINTIFF(S) PLEASE TAKE NOTICE, that, pursuant to CPLR §306-b and 3120, demand is hereby made that Plaintiff(s) and Third-Party Plaintiff(s) provide copies of the receipt for index number purchased and all proofs of service within fourteen (14) days from the date hereof. PLEASE TAKE FURTHER NOTICE, that, if Plaintiff(s) and Third-Party Plaintiff(s) have not complied with filing requirements of CPLR §306-b, upon compliance, Plaintiff(s)’ response to this demand should be amended accordingly. DEMAND FOR STATEMENT OF DAMAGES PLEASE TAKE NOTICE, that pursuant to CPLR §3017 demand is hereby made that Plaintiff(s) and Third-Party Plaintiff(s) set for the amount of damages claimed on each cause of action. DEMAND FOR INSURANCE INFORMATION TO ALL PARTIES PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR 3101(f) to produce and permit the undersigned attorney to inspect and copy the contents of (a) each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment, and (b) each and every insurance agreement in which the insurer is obligated to defend this action. Page 9 of 15 9 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 PLEASE TAKE FURTHER NOTICE, insurance agreements produced in response to this demand shall include the complete documents and policy including but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. PLEASE TAKE FURTHER NOTICE, that said insurance agreements are to be produced within thirty (30) days hereof. at the office of Miranda Sambursky Slone Sklarin Verveniotis LLP, 240 Mineola Boulevard, Mineola, New York 11501, at which time they will be physically inspected, copied or mechanically reproduced and returned. NOTICE FOR DISCOVERY AND INSPECTION TO ALL PARTIES PLEASE TAKE NOTICE, that pursuant to Rules 3101 and 3120 of New York Civil Practice Rules, the undersigned demand that within thirty (30) days of the date of service hereof that you produce and permit the undersigned to inspect and copy at the office of Miranda Sambursky Slone Sklarin Verveniotis LLP, 240 Mineola Boulevard, Mineola, New York 11501 the following documents: PLEASE TAKE FURTHER NOTICE, that this notice is intended to cover all documents in possession of all parties, their agents and representatives or which are subject to the custody and control of the parties, their agents and representatives: SCHEDULE 1. All documents referred to or relied upon in answering the within Combined Demands. 2. Duplicate original copies of any and all photographs, films or videotapes which depict or purport to depict the construction project and all equipment at issue. 3. Duplicate original color copies of any and all photographs, films, electronic images and videos and videotapes which depict or purport to depict the accident location, all equipment and items involved in the accident and any other item or product allegedly at issue. 4. Duplicate original color copies of any and all photographs, films, electronic images and videos and videotapes, which depict or purport to depict any aspect of Plaintiff(s)’ injuries alleged herein. 5. If it is claimed that any party had actual, written notice of the condition complained of, set forth copies of such written notice. 6. All reports, correspondences and/or notices prepared or signed by Plaintiff(s) or on Plaintiff(s)’ behalf to employers, insurers, government entities, consumer protection agencies, or other persons or entities concerning the accident at issue and injuries alleged in this action. Page 10 of 15 10 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 7. All written reports generated or received by Plaintiff(s) or on Plaintiff(s)’ behalf concerning the accident at issue and injuries alleged which were prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. 8. All reports prepared by and on behalf of or signed by Plaintiff(s) or on Plaintiff(s)’ behalf, including but not limited to accident and aided reports, relating to the condition, circumstances, etc. alleged herein. 9. All medical reports received from all physician(s), hospital(s), clinic(s), healthcare facility(ies) and medical provider(s) who have consulted, examined or treated Plaintiff(s) for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Complaint. 10. All bills, invoices, records and other documents that support your claim for pecuniary loss. 11. Any signed statement, unsigned statement, or copy of any recorded statement or document made by or taken from any party represented by the undersigned in this action, or from any agent, servant or employee of said party. 12. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness or who you will call as a witness at trial on: (a) the occurrence alleged in the Complaint in this action; (b) any acts, omissions, or conditions which allegedly cause the occurrence alleged in the Complaint and the Third-Party Complaint; (c) any actual notice allegedly given to the Third-Party Defendant herein of any condition with allegedly caused the occurrence, circumstances, other conditions, etc. alleged in the Complaint; (d) the nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint; and, (e) any damages (both compensatory and pecuniary) alleged by the Plaintiff(s) and Third-Party Plaintiff(s). 13. Duly executed and acknowledged written HIPPA compliant authorizations permitting the undersigned to obtain Plaintiff(s): (a) personnel file(s) for the period of five (5) years before the first act of negligence alleged in the Complaint and continuing through the present date; (b) records from all Workers’ Compensation insurer(s) to whom Plaintiff(s)’ decedent made a claim within the last ten (10) years; Page 11 of 15 11 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 (c) records from all health insurers for Plaintiff(s) for the past ten (10) years; (d) records from all physician(s), hospital(s), clinic(s), healthcare facility(ies) and medical provider(s) where the Plaintiff(s) was treated or confined due to the injuries alleged in the Complaint; (e) complete pharmacy or drug store records with respect to any drugs prescribed for Plaintiff(s) for the ten (10) year period before the first act of negligence alleged in the Complaint and continuing through the present; (f) all diagnostic films or tests including but not limited to x-rays, CT scans, MRI’s, etc. taken of Plaintiff(s) in connection with the injuries claimed in this lawsuit; (g) all physician(s), hospital(s), clinic(s), healthcare facility(ies) and medical provider(s) relating to the medical care and treatment of Plaintiff(s) for a period of ten (10) years before the first act of negligence alleged in the Complaint and continuing through the present; (h) State and Federal tax returns for the Plaintiff(s) for ten (10) years prior to and including the date of loss at issue. 14. All guideline(s), law(s), rule(s), regulation(s) or standard(s) upon which you intend to rely to support your claim against Third-Party Defendant. 15. Any and all investigative reports, both governmental and private, concerning the transactions or occurrences which are the subject of this action, including but not limited to any such reports by experts who are expected to be called as witnesses. 16. Any and all drawings, plots or diagrams relating to the subject incident or of any object involved in the subject incident. 17. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 18. All photographs, recordings, films, charts, tapes, files, sketches, graphs and diagrams taken and/or prepared relating to the incident which is the basis of this lawsuit. Include such items that relate to the area involved in this accident or occurrence, the locale or surrounding area of the site of this accident or occurrence, or any other matter or things involved in this accident or occurrence in the possession or under the control of Plaintiff(s), its agents, servants, workmen and/or employees or counsel. 19. Any and all correspondence, transmittal slips, messages, electronic messages, and/or any other form of written communication between Plaintiff(s), its agents and/or representatives and any other party to this action or any other action arising out of the subject incident. Page 12 of 15 12 of 15 FILED: KINGS COUNTY CLERK 11/01/2018 12:26 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/01/2018 20. Any and all documents, reports, or other records which relate to or which you contend relate to the matters alleged in the Complaint, Third-Party Complaint or defenses asserted thereto by any party. 21. Any and all documents which may or will be used as an exhibit at trial or any evidentiary hearing in this matter. 22. Any and all documents which have been provided to any expert or lay witness who may or will be called to testify on your behalf at a trial or any evidentiary hearing in this matter. 23. Any and all documents received from any person who may or will be called as an expert or lay witness at trial or any evidentiary hearing. 24. Each and every curriculum vitae or resume prepared by your experts within the past five (5) years. 25. Any and all texts, treatises or articles which you intend to rely upon at trial, including those referred to by your experts and those used or to be used in the examination or cross- examination of any experts to be called by any party to this action. 26. All documents which upon which the Plaintiff(s) will rely to substantiate their claim for compensatory and pecuniary damages. 27. Copies of transcripts containing testimony by the Plaintiff(s) relating to the subject incident or the Plaintiff(s)’ injuries alleged herein, including but not limited to 50-h hearings, Social Security Administration disability hearings, and Workers’ Compensation Board hearings. 28. As to the Third-Party Plaintiff(s) only: a. All pleadings, orders, correspondence, discovery, depositions and other documents exchanged between the parties and filed with the Court prior to the inception of the third-party action; b. All contracts, purchase orders, and correspondence, electronic or otherwise, between the Third-Party Plaintiff(s) and Third-Party Defendant(s) regarding the project at issue; c. All correspondence, documents, emails and any other written communication between the Third-Party Plaintiff(s) and Third-Party Defendant(s) regarding the