Preview
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 504273/17
" " - - —"-"-"-"-"
—- ——---"-
—"- ——"- —-" —"x
ROBERT ZABORSKI,
Plaintiff,
COMBINED DEMANDS
-against-
MB LORIMER LLC AND CORNERSTONE
BUILDERS NY LLC,
Defendants.
----------------------------------------------------------------------x
CORNERSTONE BUILDERS NY LLC,
Third Party Index No.:
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.,
Third-Party Defendant,
x
PLEASE TAKE NOTICE, that the Defendants/Third Plaintiffs, CORNERSTONE
BUILDERS NY LLC pursuant to Article 31 of the CPLR, demands that the Third-Party Defendant,
set forth in writing, under oath, and serve upon the undersigned within twenty (20) days of this date,
the following:
1. DEMAND FOR INSURANCE
With respect to any and all insurance in effect at the time of the occurrence
complained of 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.
a) All primary insurance agreements and policies of liability insurance.
b) All excess and umbrella insurance agreements and policies of liability insurance.
1 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
PLEASE TAKE FURTHER NOTICE, that any insurance document and policy
produced in response to the above demand shall be the complete document 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 if it isclaimed that no liability insurance
of any kind, type or description was in effect at the time of the occurrence complained of, then
demand is hereby made that the above-named party set forth, by Affidavit, said claim.
2. DEMAND FOR WITNESSES
The names and addresses of each person known or claimed by you or any party
you represent in this action to be a witness to:
(a) The occurrence alleged in the complaint in this action; or,
(b) Any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the complaint; or
(c) Any actual notice allegedly given to the defendants of any condition which
allegedly caused the occurrence alleged in the complaint, or
(d) The nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the complaint.
PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the
trial of this action to preclude the testimony of any witness to the above described facts and
circumstances who is not identified by you in response to this notice.
3. DEMAND FOR STATEMENTS
2 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
(a) 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 any defendant represented by this
office;
(b) Any signed statement, unsigned statement, or copy of any recorded statement
or document made by or taken from any plaintiff or co-defendant or agent, servant or employee of
any co-defendant.
4. DEMAND FOR EXPERT WITNESS INFORMATION
(a) The name and address of each and every person you expect to call as an
expert witness at the trial of this action.
(b) Detail, the subject matter on which each expert is expected to testify.
(c) The substances of the facts and opinions on which each expert is expected to
testify.
(d) The qualification of each expert witness.
(e) A summary of the factual ground for each expert's opinion.
PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made
at the trial of this action to preclude the testimony of any such expert, medical or otherwise,
who has not been properly identified, together with his prospective testimony as demanded above.
PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and
requires your response concerning your intention to call any expert witness up to an including the
time of the commencement of the trial of this action.
3 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
5. DEMAND FOR PHOTOGRAPHS
a) All photographs under the control of said third-party defendants or the attorneys or
representatives of third-party defendants depicting the area whereat plaintiff alleges their accident
occurred.
plaintiffs'
b) All photographs depicting the alleged injuries.
PLEASE TAKE FURTHER NOTICE, that in lieu of producing the original
documents and photographs as set forth in this Demand, you may comply with this Demand by
forwarding copies of all such documents and photographs (in color as per originals) to the
undersigned within the time set forth above.
6. DEMAND FOR ACCIDENT OR INCIDENT REPORTS
a) Accident reports or incident reports prepared with respect to the circumstances or
events referred to in plaintiff's Complaint.
b) Accident reports or incident reports prepared with respect to any prior or subsequent
occurrence similar to the type complained of in plaintiff's Complaint.
7. DEMAND FOR EMPLOYMENT INFORMATION AND RECORDS
a) The names and addresses of any individuals employed by defendants who owned,
designed, constructed, renovated, supervised, managed, operated, controlled, maintained and/or
inspected the subject construction site for one (1) year period prior to and including the date of the
subject incident and from the date of the subject incident to the present.
4 of 8
..................
.. . INDEX NO. -
504273/2017
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
b) The names and addresses of any individuals employed by defendants who were
working in the area of the subject incident at the subject construction site on the date of the subject
incident.
8. DEMAND FOR DOCUMENTS
a) Copies of all agreements and/or contracts between defendants, third party plaintiff,
and/or third-party defendants and any other persons or entities in connection with the owning,
designing, constructing, renovating, supervising, managing, operating, controlling, maintaining
and/or inspecting of the subject construction site in effect on the date of the subject incident.
b) Copies of all Notices of Violations and/or Violations issued with respect to the work
ongoing at the subject construction site from six (6) months prior to and including July 18, 2016.
c) Copies of daily reports, daily logs, progress reports, drawings, blueprints,
memoranda and other writings, including but not limited to electronic correspondence regarding the
work or services performed or to be performed at the subject construction site from six (6) months
prior to and including July 18, 2016.
d) Copies of any and all safety manuals in effect with respect to the work ongoing at the
subject construction site.
e) Copies of all inspection reports related to the construction ongoing at the subject
premises from six (6) months prior to and including July 18, 2016.
f) Copies of all safety meeting minutes and records of site safety inspections relating to
the subject construction site from six (6) months prior to and including July 18, 2016.
5 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
PLEASE TAKE FURTEIER NOTICE, that the foregoing are continuing demands
and that if any of the above items are obtained after the date of this demand, they are to be
forwarded to the undersigned pursuant to these demands.
PLEASE TAKE FURTHER NOTICE, that default in complying with these
demands within twenty (20) days hereof will serve as a basis for objection by the undersigned to the
use of such material upon the trial of this matter.
Dated: Brooklyn, New York
June 14, 2018
Yours, etc.
McMAHÖNTMARTINE 4 GALLAGHER, LLP
Attorneys for Defendants
CORNERSTONE BUILDERS NY LLC,
55 Washington Street, Suite 720
Brooklyn, New York 11201
(212) 747-1230
TO: SEE ATTACHED RIDER Our File No.: G1G200.0069
6 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
RIDER
THE PLATTA LAW FIRM, PLLC
Attorneys for Plaintiff
42 Broadway, Suite 1927
New York, New York 10004
Attn.: Pawel P. Wierzbicki, Esq.
(212) 514-5100
MB LORIMER LLC
183 Wilson Street
PM Box 234
Brooklyn, New York 11211
NEW YORK BUILDER OF STAIRS, INC.
54-05 Grand Avenue
Maspeth, New York 11378
7 of 8
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018
SUPREME COURT OF THE STATE NEW YORK
COUNTY OF KINGS Index No. 504273/2017
ROBERT ZABORSKI,
Plaintiff,
- against -
MB LORIMER LLC AND CORNERSTONE
BUILDERS NY LLC,
Defendants.
COMBINED DEMANDS
McMAHON, MARTINE & GALLAGHER, LLP
ATTORNEYS FOR DEFENDANTS
CORNERSTONE BUZLDERS NY LLC
55 WASHINGTON STREET, SUITE 720
BROOKLYN, N.Y.11201
(212) 747-1230
All Documents Contained Herein Certified Pursuant to Rule 130 By
A L ISLAM
STATE OF NEW YORK, COUNTY OF KINGS ss: (if more than one box check - indicate
after names type of service used)
I,Anna O'Donnell, being sworn, say: I am not a party to the action, am over 18 years of age and reside at
55 Washington Street,Brooklyn, NY On June L; , 2018 I served the within COMBINED
DEMANDS
X by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository under
the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the
following persons at the lastknown address setforth after each name: SEE ATTACHED RIDER
___ by delivering a true copy thereof personally to each person named below at the address of Service
indicated. I knew each person served to be the person mentioned and described in said papers as a party
therein:
by transmitting the papers by electronic means to the telephone number listed below, which number
was designated by the attorney for such purpose. I received a signal from the equipment of the attorney served
indicating that the transmission was received. I also deposited a true copy of the papers, enclosed in a post-paid
wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service, addressed to
the attorney at the address set forth after the name:
Sworn to before me on
~g8$0
REID
gpa
The ]4 . day of June, 2018
AnnaÎO' '
spay Anna ell
88558>
,~I
I»
S~8
gJTY
8 of 8
Preview
FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 504273/17 " " - - —"-"-"-"-" —- ——---"- —"- ——"- —-" —"x ROBERT ZABORSKI, Plaintiff, COMBINED DEMANDS -against- MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC, Defendants. ----------------------------------------------------------------------x CORNERSTONE BUILDERS NY LLC, Third Party Index No.: Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC., Third-Party Defendant, x PLEASE TAKE NOTICE, that the Defendants/Third Plaintiffs, CORNERSTONE BUILDERS NY LLC pursuant to Article 31 of the CPLR, demands that the Third-Party Defendant, set forth in writing, under oath, and serve upon the undersigned within twenty (20) days of this date, the following: 1. DEMAND FOR INSURANCE With respect to any and all insurance in effect at the time of the occurrence complained of 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. a) All primary insurance agreements and policies of liability insurance. b) All excess and umbrella insurance agreements and policies of liability insurance. 1 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 PLEASE TAKE FURTHER NOTICE, that any insurance document and policy produced in response to the above demand shall be the complete document 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 if it isclaimed that no liability insurance of any kind, type or description was in effect at the time of the occurrence complained of, then demand is hereby made that the above-named party set forth, by Affidavit, said claim. 2. DEMAND FOR WITNESSES The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: (a) The occurrence alleged in the complaint in this action; or, (b) Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or (c) Any actual notice allegedly given to the defendants of any condition which allegedly caused the occurrence alleged in the complaint, or (d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial of this action to preclude the testimony of any witness to the above described facts and circumstances who is not identified by you in response to this notice. 3. DEMAND FOR STATEMENTS 2 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 (a) 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 any defendant represented by this office; (b) Any signed statement, unsigned statement, or copy of any recorded statement or document made by or taken from any plaintiff or co-defendant or agent, servant or employee of any co-defendant. 4. DEMAND FOR EXPERT WITNESS INFORMATION (a) The name and address of each and every person you expect to call as an expert witness at the trial of this action. (b) Detail, the subject matter on which each expert is expected to testify. (c) The substances of the facts and opinions on which each expert is expected to testify. (d) The qualification of each expert witness. (e) A summary of the factual ground for each expert's opinion. PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial of this action to preclude the testimony of any such expert, medical or otherwise, who has not been properly identified, together with his prospective testimony as demanded above. PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and requires your response concerning your intention to call any expert witness up to an including the time of the commencement of the trial of this action. 3 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 5. DEMAND FOR PHOTOGRAPHS a) All photographs under the control of said third-party defendants or the attorneys or representatives of third-party defendants depicting the area whereat plaintiff alleges their accident occurred. plaintiffs' b) All photographs depicting the alleged injuries. PLEASE TAKE FURTHER NOTICE, that in lieu of producing the original documents and photographs as set forth in this Demand, you may comply with this Demand by forwarding copies of all such documents and photographs (in color as per originals) to the undersigned within the time set forth above. 6. DEMAND FOR ACCIDENT OR INCIDENT REPORTS a) Accident reports or incident reports prepared with respect to the circumstances or events referred to in plaintiff's Complaint. b) Accident reports or incident reports prepared with respect to any prior or subsequent occurrence similar to the type complained of in plaintiff's Complaint. 7. DEMAND FOR EMPLOYMENT INFORMATION AND RECORDS a) The names and addresses of any individuals employed by defendants who owned, designed, constructed, renovated, supervised, managed, operated, controlled, maintained and/or inspected the subject construction site for one (1) year period prior to and including the date of the subject incident and from the date of the subject incident to the present. 4 of 8 .................. .. . INDEX NO. - 504273/2017 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 b) The names and addresses of any individuals employed by defendants who were working in the area of the subject incident at the subject construction site on the date of the subject incident. 8. DEMAND FOR DOCUMENTS a) Copies of all agreements and/or contracts between defendants, third party plaintiff, and/or third-party defendants and any other persons or entities in connection with the owning, designing, constructing, renovating, supervising, managing, operating, controlling, maintaining and/or inspecting of the subject construction site in effect on the date of the subject incident. b) Copies of all Notices of Violations and/or Violations issued with respect to the work ongoing at the subject construction site from six (6) months prior to and including July 18, 2016. c) Copies of daily reports, daily logs, progress reports, drawings, blueprints, memoranda and other writings, including but not limited to electronic correspondence regarding the work or services performed or to be performed at the subject construction site from six (6) months prior to and including July 18, 2016. d) Copies of any and all safety manuals in effect with respect to the work ongoing at the subject construction site. e) Copies of all inspection reports related to the construction ongoing at the subject premises from six (6) months prior to and including July 18, 2016. f) Copies of all safety meeting minutes and records of site safety inspections relating to the subject construction site from six (6) months prior to and including July 18, 2016. 5 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 PLEASE TAKE FURTEIER NOTICE, that the foregoing are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be forwarded to the undersigned pursuant to these demands. PLEASE TAKE FURTHER NOTICE, that default in complying with these demands within twenty (20) days hereof will serve as a basis for objection by the undersigned to the use of such material upon the trial of this matter. Dated: Brooklyn, New York June 14, 2018 Yours, etc. McMAHÖNTMARTINE 4 GALLAGHER, LLP Attorneys for Defendants CORNERSTONE BUILDERS NY LLC, 55 Washington Street, Suite 720 Brooklyn, New York 11201 (212) 747-1230 TO: SEE ATTACHED RIDER Our File No.: G1G200.0069 6 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 RIDER THE PLATTA LAW FIRM, PLLC Attorneys for Plaintiff 42 Broadway, Suite 1927 New York, New York 10004 Attn.: Pawel P. Wierzbicki, Esq. (212) 514-5100 MB LORIMER LLC 183 Wilson Street PM Box 234 Brooklyn, New York 11211 NEW YORK BUILDER OF STAIRS, INC. 54-05 Grand Avenue Maspeth, New York 11378 7 of 8 FILED: KINGS COUNTY CLERK 06/14/2018 05:17 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 06/14/2018 SUPREME COURT OF THE STATE NEW YORK COUNTY OF KINGS Index No. 504273/2017 ROBERT ZABORSKI, Plaintiff, - against - MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC, Defendants. COMBINED DEMANDS McMAHON, MARTINE & GALLAGHER, LLP ATTORNEYS FOR DEFENDANTS CORNERSTONE BUZLDERS NY LLC 55 WASHINGTON STREET, SUITE 720 BROOKLYN, N.Y.11201 (212) 747-1230 All Documents Contained Herein Certified Pursuant to Rule 130 By A L ISLAM STATE OF NEW YORK, COUNTY OF KINGS ss: (if more than one box check - indicate after names type of service used) I,Anna O'Donnell, being sworn, say: I am not a party to the action, am over 18 years of age and reside at 55 Washington Street,Brooklyn, NY On June L; , 2018 I served the within COMBINED DEMANDS X by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the lastknown address setforth after each name: SEE ATTACHED RIDER ___ by delivering a true copy thereof personally to each person named below at the address of Service indicated. I knew each person served to be the person mentioned and described in said papers as a party therein: by transmitting the papers by electronic means to the telephone number listed below, which number was designated by the attorney for such purpose. I received a signal from the equipment of the attorney served indicating that the transmission was received. I also deposited a true copy of the papers, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service, addressed to the attorney at the address set forth after the name: Sworn to before me on ~g8$0 REID gpa The ]4 . day of June, 2018 AnnaÎO' ' spay Anna ell 88558> ,~I I» S~8 gJTY 8 of 8