Preview
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------X
ROBERT ZABORSKI,
Plaintiff,
POST-DEPOSITION
-against-
DISCLOSURE DEMAND
MB LORIMER LLC AND CORNERSTONE BUILDERS Index No. 504273/2017
NY LLC, IAS Part
Defendant.
--------------------------------------X
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.,
Third-Party Defendant.
___________---------------------------X
PLEASE TAKE NOTICE that, pursuant to Article 31 of the
CPLR, defendant/third-party plaintiff, Cornerstone Builders NY LLC,
is hereby required to produce for discovery, inspection, and
photocopying at the offices of Pillinger Miller Tarallo, LLP, 555
th
Taxter Road, 5 Floor, Elmsford, NY 10523, on July 27, 2019, at
2:00 in the afternoon of that day, the following documents and
things:
1. A complete copy of the Contract between Cornerstone
Builders NY LLC and New York Builders of Stairs, including any
Riders, Addendum and Exhibits.
1 of 5
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019
2. A complete copy of the Contract between Cornerstone
Builders NY LLC and Mr. and Mrs. Biederman (and/or MB Lorimer LLC),
including any Addendum, Riders and Exhibits.
3. A complete copy of the Project file for the
construction/renovation at 163 Middleton Street, Brooklyn, NewYork
11206.
4. Copies of any licenses or certifications, including a
general contractor and/or superintendent and OSHA and SST courses.
5. Copies of any logs and/or sign-in sheets regarding
workers and/or trades at the subject site on July 18, 2016.
PLEASE TAKE FURTHER NOTICE that the within demand is a
continuing demand. In the event that any of the above items are
obtained after service of this demand, they are to be furnished to
the undersigned pursuant to this demand.
PLEASE TAKE FURTHER NOTICE that, upon your failure to
produce the aforesaid documents, at the time and place required in
this notice, third-party defendant will oppose any attempts to
place this case on the trial calendar of this court and/or
appropriate motions for relief will be made to this court.
PLEASE TAKE FURTHER NOTICE that, in lieu of producing the
items demanded herein, you may serve and submit to the undersigned
true and conformed copies of the items demanded herein at any time
prior to the aforesaid date.
Dated: Elmsford, New York
July 3, 2019
- 2 -
2 of 5
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019
Yours, etc.,
PILLINGER MILLER TARALLO, LLP
Attorneys for Third-Party Defendant
New York Builders of Stairs, Inc.
55
555 Taxter Road, Floor
Elmsford, NY 10523
(914) 703-6300
Our File No. N-PLM-00135/TDW
TO:
MCMAHON, MARTINE & GALLAGHER, LLP
Attorney for Defendant/Third-Party
Plaintiff
Cornerstone Builders NY LLC
55 Washington Street
78
Floor
Brooklyn, New York 11201
(212) 747-1230
THE PLATTA LAW FIRM, PLLC
42 Broadway
Suite 1927
New York, NY 10004
(212) 514-5100
Attorney for Plaintiff
Robert Zaborski
- 3 -
3 of 5
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019
STATE OF NEW YORK, COUNTY OF WESTCHESTER s.s.:
AFFIDAVIT OF SERVICE BY NAIL
THERESA LUGO, being duly sworn, deposes and says that
deponent is employed by Pillinger Miller Tarallo, LLP, the attorney
for third-party defendant New York Builders of Strairs, Inc., is
over the age of eighteen, is not a party to this action, and
resides at Employee with.
On July 3, 2019, deponent served the within Disclosure
Demand upon:
THE PLATTA LAW FIRM, PLLC
42 Broadway
Suite 1927
New York, NY 10004
(212) 514-5100
Attorney for Plaintiff
Robert Zaborski
MCMAHON, MARTINE & GALLAGHER, LLP
55 Washington Street
th
7 FlOOr
Brooklyn, New York 11201
(212) 747-1230
Attorney for Defendant/Third-Party Plaintiff
Cornerstone Builders NY LLC
the addresses designated by said attorneys for that purpose by
depositing a true copy of same enclosed in a postpaid properly
addressed wrapper in - a post office - official under
depository
the exclusive care and custody of the United States post office
department within the State of New York.
ERESA LUGO
Sworn to before me
July 3, 2019 KATHLEEN MARIE HANNON
Public, State ofNew York
Notary
No. 01HA6101311
Qualified inDutchess County
CommissionExpires November10,2019
NOTÊRY PUBLIC
- 4 -
4 of 5
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019
INDEX NO. 504273/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ROBERT ZABORSKI,
Plaintiff,
-against-
MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC,
Defendant.
-----......--.................-----------..... X
and other actions
DISCLOSURE DEMAND
PILLINGER MILLER TARALLO, LLP
Attorneys forThird-Party Defendant
New York Buildersof Strairs,Inc.
555 Taxter 5* Floor
Road,
Elmsford, NY 10523
(914)703-6300
N-PLM-00135/TDW
C-ERTIFTÔÅTION PURSUANT TO 22 N.Y.C.R.PI. -4130-1.1a
TALENE D. WHITE certifies
that,pursuant to 22 N.Y.C.R.R. §130-1.1a, the Diselaeufa
hereby foregoing
Demand isnot frivolousnor frivolouslypresented-
Dated: Elmsford, New York TALENE D. WHITE
July 3,2019
PLEASE TAKE
NOTICE
O thatthe within isa true copy of a entered inthe office of theclerk ofthe withinnamed Court
On .
D that a of which the withinis atrue copy will
be presentedfor sm"!=meñ: to theHon. one ofthe
judges of thewithinnamed Court at , onat 9:30 a.m.
PILLINGER MILLER TARALLO, LLP
AttarrisysforThird-Party Defendant
New York Buildersof Strairs,Inc.
55
555 Taxter Road, Floor
Elmsford, NY 10523
(914) 703-6300
Our FileNo. N-PLM-00135/TDW
TDW/tri
1387069.wpd
- 5 -
5 of 5
Preview
FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------X ROBERT ZABORSKI, Plaintiff, POST-DEPOSITION -against- DISCLOSURE DEMAND MB LORIMER LLC AND CORNERSTONE BUILDERS Index No. 504273/2017 NY LLC, IAS Part Defendant. --------------------------------------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC., Third-Party Defendant. ___________---------------------------X PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, defendant/third-party plaintiff, Cornerstone Builders NY LLC, is hereby required to produce for discovery, inspection, and photocopying at the offices of Pillinger Miller Tarallo, LLP, 555 th Taxter Road, 5 Floor, Elmsford, NY 10523, on July 27, 2019, at 2:00 in the afternoon of that day, the following documents and things: 1. A complete copy of the Contract between Cornerstone Builders NY LLC and New York Builders of Stairs, including any Riders, Addendum and Exhibits. 1 of 5 FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019 2. A complete copy of the Contract between Cornerstone Builders NY LLC and Mr. and Mrs. Biederman (and/or MB Lorimer LLC), including any Addendum, Riders and Exhibits. 3. A complete copy of the Project file for the construction/renovation at 163 Middleton Street, Brooklyn, NewYork 11206. 4. Copies of any licenses or certifications, including a general contractor and/or superintendent and OSHA and SST courses. 5. Copies of any logs and/or sign-in sheets regarding workers and/or trades at the subject site on July 18, 2016. PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand. In the event that any of the above items are obtained after service of this demand, they are to be furnished to the undersigned pursuant to this demand. PLEASE TAKE FURTHER NOTICE that, upon your failure to produce the aforesaid documents, at the time and place required in this notice, third-party defendant will oppose any attempts to place this case on the trial calendar of this court and/or appropriate motions for relief will be made to this court. PLEASE TAKE FURTHER NOTICE that, in lieu of producing the items demanded herein, you may serve and submit to the undersigned true and conformed copies of the items demanded herein at any time prior to the aforesaid date. Dated: Elmsford, New York July 3, 2019 - 2 - 2 of 5 FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019 Yours, etc., PILLINGER MILLER TARALLO, LLP Attorneys for Third-Party Defendant New York Builders of Stairs, Inc. 55 555 Taxter Road, Floor Elmsford, NY 10523 (914) 703-6300 Our File No. N-PLM-00135/TDW TO: MCMAHON, MARTINE & GALLAGHER, LLP Attorney for Defendant/Third-Party Plaintiff Cornerstone Builders NY LLC 55 Washington Street 78 Floor Brooklyn, New York 11201 (212) 747-1230 THE PLATTA LAW FIRM, PLLC 42 Broadway Suite 1927 New York, NY 10004 (212) 514-5100 Attorney for Plaintiff Robert Zaborski - 3 - 3 of 5 FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019 STATE OF NEW YORK, COUNTY OF WESTCHESTER s.s.: AFFIDAVIT OF SERVICE BY NAIL THERESA LUGO, being duly sworn, deposes and says that deponent is employed by Pillinger Miller Tarallo, LLP, the attorney for third-party defendant New York Builders of Strairs, Inc., is over the age of eighteen, is not a party to this action, and resides at Employee with. On July 3, 2019, deponent served the within Disclosure Demand upon: THE PLATTA LAW FIRM, PLLC 42 Broadway Suite 1927 New York, NY 10004 (212) 514-5100 Attorney for Plaintiff Robert Zaborski MCMAHON, MARTINE & GALLAGHER, LLP 55 Washington Street th 7 FlOOr Brooklyn, New York 11201 (212) 747-1230 Attorney for Defendant/Third-Party Plaintiff Cornerstone Builders NY LLC the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in - a post office - official under depository the exclusive care and custody of the United States post office department within the State of New York. ERESA LUGO Sworn to before me July 3, 2019 KATHLEEN MARIE HANNON Public, State ofNew York Notary No. 01HA6101311 Qualified inDutchess County CommissionExpires November10,2019 NOTÊRY PUBLIC - 4 - 4 of 5 FILED: KINGS COUNTY CLERK 07/03/2019 01:39 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/03/2019 INDEX NO. 504273/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ROBERT ZABORSKI, Plaintiff, -against- MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC, Defendant. -----......--.................-----------..... X and other actions DISCLOSURE DEMAND PILLINGER MILLER TARALLO, LLP Attorneys forThird-Party Defendant New York Buildersof Strairs,Inc. 555 Taxter 5* Floor Road, Elmsford, NY 10523 (914)703-6300 N-PLM-00135/TDW C-ERTIFTÔÅTION PURSUANT TO 22 N.Y.C.R.PI. -4130-1.1a TALENE D. WHITE certifies that,pursuant to 22 N.Y.C.R.R. §130-1.1a, the Diselaeufa hereby foregoing Demand isnot frivolousnor frivolouslypresented- Dated: Elmsford, New York TALENE D. WHITE July 3,2019 PLEASE TAKE NOTICE O thatthe within isa true copy of a entered inthe office of theclerk ofthe withinnamed Court On . D that a of which the withinis atrue copy will be presentedfor sm"!=meñ: to theHon. one ofthe judges of thewithinnamed Court at , onat 9:30 a.m. PILLINGER MILLER TARALLO, LLP AttarrisysforThird-Party Defendant New York Buildersof Strairs,Inc. 55 555 Taxter Road, Floor Elmsford, NY 10523 (914) 703-6300 Our FileNo. N-PLM-00135/TDW TDW/tri 1387069.wpd - 5 - 5 of 5