Preview
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------------X
326 21st STREET LLC, Index No.:
514069/2019
Plaintiff,
-against- RESPONSE TO
DEMAND FOR
328 21 ST LLC, NYB BUILDERS INC., BILL OF
REGAL RECONSTRUCTION CORP. and PARTICULARS
ZUMBAS BUILDERS, INC.,
Defendants.
---------------------------------------------------------------------------X
NYB BUILDERS INC.,
Third-Party Plaintiff,
-against-
ZUMBA’S BUILDERS, INC.
Third-Party Defendant.
-------------------------------------------------------------------------X
328 21 ST LLC,
Second Third-Party Plaintiff,
-against-
INFO OF ENGINEERING, P.C., and
BAYROCK INSURANCE AGENCY, LLC,
Second Third-Party Defendants.
----------------------------------------------------------------------x
PLEASE TAKE NOTICE that Defendant/Second Third-Party Plaintiff, 328 21 ST, LLC
(hereinafter “328”), by and through their attorneys, VIGORITO, BARKER, PATTERSON,
NICHOLS & PORTER, respond to the Demand for Verified Bill of Particulars, dated April 2, 2021,
of second third-party defendant, BAYROCK INSURANCE AGENCY, LLC upon information and
belief, as follows:
1 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
1. through 3. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars, seeks documents, information and/or other items which is publicly available, and
seeks documents, information and/or other items which are not relevant to this matter.
4. through 8. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Subject to and without waiving said objections, see plaintiff’s bill of particulars
produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and
Proceedings.
9. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Moreover, this demand is better directed to plaintiff. Subject to and without waiving
said objections, see 328’s Answer to the Complaint, admitting ownership, of the premises
located at 328 21st Street, Brooklyn, NY, produced with 328’s Response to Info of Engineering,
P.C.’s Demand for Prior Pleadings and Proceedings.
10. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s negligent
conduct. Subject to and without waiving said objections, Bayrock’s negligent acts and/or
omissions, included, but are not limited to the following: failure to procure insurance to cover the
alleged loss in this matter; failing to procure a policy of insurance to cover the work of
defendant/first third-party defendant, Zumbas Builders, Inc. (hereinafter “Zumbas”), on the
subject construction project, which included underpinning, earth movement, and/or sheeting,
2
2 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
shoring & bracing work, footing, drilling, backfilling, excavation and foundation work, for
which it knew or should have known that 328 was a third-party beneficiary of such policy;
failing to determine the nature and scope of Zumbas’ work on the subject construction project
prior to placing coverage; failing to appreciate the nature and scope of Zumbas’ work on the
subject construction project prior to placing coverage; failing to communicate with Zumbas
regarding the nature of it work on the subject project and/or its insurance coverage needs prior to
placing coverage; ignoring and/or failing to comprehend Zumbas’ communications regarding the
nature of its work on the subject project and/or its insurance coverage needs prior to placing
coverage failing to obtain a copy of Zumbas’ contract for its work on the subject construction
project prior to placing coverage; failing to comply with the insurance obligations contained in
Zumba’s contract for its work on the subject construction project; failing to obtain insurance
coverage for Zumbas’ work on the project which named 328 as an additional insured; failing to
procure insurance for Zumbas’ work on the project which was primary; failing to procure
insurance which covered Zumbas’ excavating work on the project; failing to procure insurance
which covered Zumbas’ underpinning work on the project; failing to procure insurance which
covered Zumbas’ drilling work on the project; failing to procure insurance which covered
Zumbas’ shoring work on the project; failing to procure insurance which covered Zumbas’
footing work on the project; and otherwise failed to properly exercise due care in selecting the
policy of insurance to cover the work of Zumba’s on the subject construction project and failing
to take any corrective action after it became aware that Zumbas did not have insurance coverage
for the work it was contracted to perform at 328 21st Street with knowledge of and should have
had knowledge that 328 was an intended? Beneficiary, as owner of the proper where Zumbas
was hired to perform work, but not securing insurance coverage for all of the work it was to
perform at the project.
3
3 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
11. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of how Bayrock knew or
should have known 328 was an additional insured and/or third-party beneficiary of policies of
insurance procured by Bayrock for Zumbas’ work on the subject construction project. Subject to
and without waiving said objections, said information includes, but is not limited to the
following: Zumbas performed work on property owned by 328 which Bayrock knew or should
have known; Zumbas’ subcontract with defendant/first third-party plaintiff, NYB Builders, Inc.
(“NYB”), required Zumbas to procure insurance naming 328 as an additional insured, which
Bayrock knew or should have known; Zumbas’ contract with NYB entitled 328 to contractual
indemnification for Zumbas’ work on the project, which Bayrock knew or should have known;
Zumbas’ contract with NYB further required Zumbas to indemnify and hold harmless 328 for
any claims resulting from any activity, including damage to the neighbors’ property, which
Bayrock knew or should have known; NYB’s contract with 328 required NYB to procure
insurance naming 328 as an additional insured, which Bayrock knew or should have known;
and/or based on other information, documents, and/other items provided to Bayrock by Zumbas,
which are in Bayrock’s and Zumbas’ exclusive knowledge.
12. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s conduct.
Subject to and without waiving said objections, see Bayrock subpoena response produced with
328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
4
4 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
13. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s conduct.
Subject to and without waiving said objections, see Bayrock subpoena response produced with
328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
14. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s conduct.
Subject to and without waiving said objections, see Response No. 10 and 11.
15. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s conduct.
Subject to and without waiving said objections, see Response No. 10 and 11.
16. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature and outside of the scope of a bill of
particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not
have sufficient information to provide particulars as to the full extent of Bayrock’s conduct.
Subject to and without waiving said objections, see letter from Northfield Excess & Surplus
Lines (hereinafter “Northfield”) to Zumbas, dated October 28, 2020, which was also copied to
Bayrock,, Northfield’s letter to counsel for NYB dated November 24, 2019, which was also
copied to Bayrock, and Northfield’s letter to counsel for 328 dated October 18, 2019, which was
5
5 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
also copied to Bayrock.
17. See Response No. 16.
18. See Response No. 16.
19. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law
and defers all legal questions to the trial court.
20. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law
and defers all legal questions to the trial court.
21. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law
and defers all legal questions to the trial court. As to the acts and/or omissions constituting
Bayrock’s negligence, see Response No. 10.
22. See plaintiff’s bill of particulars produced with 328’s Response to Info of
Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
23. See plaintiff’s bill of particulars produced with 328’s Response to Info of
Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
6
6 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
24. See plaintiff’s bill of particulars produced with 328’s Response to Info of
Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
25. See plaintiff’s bill of particulars produced with 328’s Response to Info of
Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
26. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law
and defers all legal questions to the trial court.
27. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law
and defers all legal questions to the trial court. Moreover, 328 alleges Bayrock breached its
agreement with Zumbas to procure insurance for its work on the subject construction project, for
which 328 was a third-party beneficiary. The full nature and extent of this agreement is within
the exclusive knowledge of Zumbas and Bayrock.
28. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, which are outside of the scope of a
bill of particulars.
29. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars.
7
7 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
30. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars.
31. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars.
32. 328 objects to this demand as its calls for the production of information,
documents and/or other items which are evidentiary in nature, and calls for a legal conclusion,
which are outside of the scope of a bill of particulars. Subject to and without waiving said
objections, see plaintiff’s bill of particulars produced with 328’s Response to Info of
Engineering, P.C.’s Demand for Prior Pleadings and Proceedings.
PLEASE TAKE FURTHER NOTICE that defendant/second-third party plaintiff
reserves the right to supplement this response at a later date, up to and including the time of trial.
Dated: New York, New York
February 16, 2023
Yours, etc.,
VIGORITO, BARKER, PATTERSON,
NICHOLS & PORTER, LLP
___Jason J. Lavery_________________
By: JASON J. LAVERY, ESQ.
Attorneys for Defendant
328 21 ST, LLC
420 Lexington Avenue, Suite 219
New York, New York 10170
(929) 955-4500
TO: LERNER, ARNOLD & WINSTON, LLP
Jacob L. Levine
Attorneys for Plaintiff
475 Park Avenue South, 28th Floor
New York, New York 10016
(212) 686-4655
jlevine@lawpartnersllp.com
8
8 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
LONDON FISCHER, LLP
Attorneys for Defendant
NYB Builders, Inc.
59 Maiden Lane
New York, New York 10038
(212) 972-1000
amaldonado@londonfischer.com
AHMUTY DEMERS & MCMANUS
Attorneys for Defendant
REGAL RECONSTRUCTION CORP.
200 I.U. Willets Road
Albertson, NY 11507
(516) 294-5433
Susan.mauro@admlaw.com
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
Attorneys for Defendant/
Third-Party Defendant
ZUMBA’S BUILDERS, INC.
150 East 42nd Street
New York, New York 10017
(212) 490-3000
patricia.wik@wilsonelser.com
BYRNE & O’NEILL, LLP
Attorneys for Second Third-Party Defendant
INFO OF ENGINEERING, P.C.
11 Broadway, Suite 910
New York, New York 10004
(212) 422-9424
kjmr@bonlaw.com
CLAUSEN MILLER, P.C.
Attorneys for Second Third-Party Defendant
BAY ROCK INSURANCE AGENCY
28 Liberty Street, 29th Floor
New York, New York 10005
(212) 805-3900
cperri@clausen.com; gpopadiuk@clausen.com
9
9 of 10
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 514069/2014
______________________________________________________________________________
326 21st STREET LLC,
Plaintiff,
-against-
328 21 ST LLC, NYB BUILDERS INC.,
REGAL RECONSTRUCTION CORP. and
ZUMBAS BUILDERS, INC.,
Defendants.
* And other actions.
______________________________________________________________________________
RESPONSE TO DEMAND FOR BILL OF PARTICULARS
______________________________________________________________________________
VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP
Attorneys for Defendant/Second Third-Party Plaintiff
328 21 ST, LLC
420 Lexington Avenue, Suite 219
New York, New York 10170
Tel.: (929) 955-4500
VBPNP File No.: 0311-010
______________________________________________________________________________
TO: ALL PARTIES
10
10 of 10
Preview
FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------X 326 21st STREET LLC, Index No.: 514069/2019 Plaintiff, -against- RESPONSE TO DEMAND FOR 328 21 ST LLC, NYB BUILDERS INC., BILL OF REGAL RECONSTRUCTION CORP. and PARTICULARS ZUMBAS BUILDERS, INC., Defendants. ---------------------------------------------------------------------------X NYB BUILDERS INC., Third-Party Plaintiff, -against- ZUMBA’S BUILDERS, INC. Third-Party Defendant. -------------------------------------------------------------------------X 328 21 ST LLC, Second Third-Party Plaintiff, -against- INFO OF ENGINEERING, P.C., and BAYROCK INSURANCE AGENCY, LLC, Second Third-Party Defendants. ----------------------------------------------------------------------x PLEASE TAKE NOTICE that Defendant/Second Third-Party Plaintiff, 328 21 ST, LLC (hereinafter “328”), by and through their attorneys, VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, respond to the Demand for Verified Bill of Particulars, dated April 2, 2021, of second third-party defendant, BAYROCK INSURANCE AGENCY, LLC upon information and belief, as follows: 1 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 1. through 3. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars, seeks documents, information and/or other items which is publicly available, and seeks documents, information and/or other items which are not relevant to this matter. 4. through 8. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Subject to and without waiving said objections, see plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 9. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Moreover, this demand is better directed to plaintiff. Subject to and without waiving said objections, see 328’s Answer to the Complaint, admitting ownership, of the premises located at 328 21st Street, Brooklyn, NY, produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 10. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s negligent conduct. Subject to and without waiving said objections, Bayrock’s negligent acts and/or omissions, included, but are not limited to the following: failure to procure insurance to cover the alleged loss in this matter; failing to procure a policy of insurance to cover the work of defendant/first third-party defendant, Zumbas Builders, Inc. (hereinafter “Zumbas”), on the subject construction project, which included underpinning, earth movement, and/or sheeting, 2 2 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 shoring & bracing work, footing, drilling, backfilling, excavation and foundation work, for which it knew or should have known that 328 was a third-party beneficiary of such policy; failing to determine the nature and scope of Zumbas’ work on the subject construction project prior to placing coverage; failing to appreciate the nature and scope of Zumbas’ work on the subject construction project prior to placing coverage; failing to communicate with Zumbas regarding the nature of it work on the subject project and/or its insurance coverage needs prior to placing coverage; ignoring and/or failing to comprehend Zumbas’ communications regarding the nature of its work on the subject project and/or its insurance coverage needs prior to placing coverage failing to obtain a copy of Zumbas’ contract for its work on the subject construction project prior to placing coverage; failing to comply with the insurance obligations contained in Zumba’s contract for its work on the subject construction project; failing to obtain insurance coverage for Zumbas’ work on the project which named 328 as an additional insured; failing to procure insurance for Zumbas’ work on the project which was primary; failing to procure insurance which covered Zumbas’ excavating work on the project; failing to procure insurance which covered Zumbas’ underpinning work on the project; failing to procure insurance which covered Zumbas’ drilling work on the project; failing to procure insurance which covered Zumbas’ shoring work on the project; failing to procure insurance which covered Zumbas’ footing work on the project; and otherwise failed to properly exercise due care in selecting the policy of insurance to cover the work of Zumba’s on the subject construction project and failing to take any corrective action after it became aware that Zumbas did not have insurance coverage for the work it was contracted to perform at 328 21st Street with knowledge of and should have had knowledge that 328 was an intended? Beneficiary, as owner of the proper where Zumbas was hired to perform work, but not securing insurance coverage for all of the work it was to perform at the project. 3 3 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 11. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of how Bayrock knew or should have known 328 was an additional insured and/or third-party beneficiary of policies of insurance procured by Bayrock for Zumbas’ work on the subject construction project. Subject to and without waiving said objections, said information includes, but is not limited to the following: Zumbas performed work on property owned by 328 which Bayrock knew or should have known; Zumbas’ subcontract with defendant/first third-party plaintiff, NYB Builders, Inc. (“NYB”), required Zumbas to procure insurance naming 328 as an additional insured, which Bayrock knew or should have known; Zumbas’ contract with NYB entitled 328 to contractual indemnification for Zumbas’ work on the project, which Bayrock knew or should have known; Zumbas’ contract with NYB further required Zumbas to indemnify and hold harmless 328 for any claims resulting from any activity, including damage to the neighbors’ property, which Bayrock knew or should have known; NYB’s contract with 328 required NYB to procure insurance naming 328 as an additional insured, which Bayrock knew or should have known; and/or based on other information, documents, and/other items provided to Bayrock by Zumbas, which are in Bayrock’s and Zumbas’ exclusive knowledge. 12. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s conduct. Subject to and without waiving said objections, see Bayrock subpoena response produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 4 4 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 13. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s conduct. Subject to and without waiving said objections, see Bayrock subpoena response produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 14. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s conduct. Subject to and without waiving said objections, see Response No. 10 and 11. 15. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s conduct. Subject to and without waiving said objections, see Response No. 10 and 11. 16. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature and outside of the scope of a bill of particulars. Furthermore, this demand is premature as discovery is ongoing and 328 does not have sufficient information to provide particulars as to the full extent of Bayrock’s conduct. Subject to and without waiving said objections, see letter from Northfield Excess & Surplus Lines (hereinafter “Northfield”) to Zumbas, dated October 28, 2020, which was also copied to Bayrock,, Northfield’s letter to counsel for NYB dated November 24, 2019, which was also copied to Bayrock, and Northfield’s letter to counsel for 328 dated October 18, 2019, which was 5 5 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 also copied to Bayrock. 17. See Response No. 16. 18. See Response No. 16. 19. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law and defers all legal questions to the trial court. 20. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law and defers all legal questions to the trial court. 21. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law and defers all legal questions to the trial court. As to the acts and/or omissions constituting Bayrock’s negligence, see Response No. 10. 22. See plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 23. See plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 6 6 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 24. See plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 25. See plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. 26. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law and defers all legal questions to the trial court. 27. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, 328 seeks all forms of indemnity to which is entitled to the fullest extent of the law and defers all legal questions to the trial court. Moreover, 328 alleges Bayrock breached its agreement with Zumbas to procure insurance for its work on the subject construction project, for which 328 was a third-party beneficiary. The full nature and extent of this agreement is within the exclusive knowledge of Zumbas and Bayrock. 28. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, which are outside of the scope of a bill of particulars. 29. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. 7 7 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 30. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. 31. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. 32. 328 objects to this demand as its calls for the production of information, documents and/or other items which are evidentiary in nature, and calls for a legal conclusion, which are outside of the scope of a bill of particulars. Subject to and without waiving said objections, see plaintiff’s bill of particulars produced with 328’s Response to Info of Engineering, P.C.’s Demand for Prior Pleadings and Proceedings. PLEASE TAKE FURTHER NOTICE that defendant/second-third party plaintiff reserves the right to supplement this response at a later date, up to and including the time of trial. Dated: New York, New York February 16, 2023 Yours, etc., VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP ___Jason J. Lavery_________________ By: JASON J. LAVERY, ESQ. Attorneys for Defendant 328 21 ST, LLC 420 Lexington Avenue, Suite 219 New York, New York 10170 (929) 955-4500 TO: LERNER, ARNOLD & WINSTON, LLP Jacob L. Levine Attorneys for Plaintiff 475 Park Avenue South, 28th Floor New York, New York 10016 (212) 686-4655 jlevine@lawpartnersllp.com 8 8 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 LONDON FISCHER, LLP Attorneys for Defendant NYB Builders, Inc. 59 Maiden Lane New York, New York 10038 (212) 972-1000 amaldonado@londonfischer.com AHMUTY DEMERS & MCMANUS Attorneys for Defendant REGAL RECONSTRUCTION CORP. 200 I.U. Willets Road Albertson, NY 11507 (516) 294-5433 Susan.mauro@admlaw.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendant/ Third-Party Defendant ZUMBA’S BUILDERS, INC. 150 East 42nd Street New York, New York 10017 (212) 490-3000 patricia.wik@wilsonelser.com BYRNE & O’NEILL, LLP Attorneys for Second Third-Party Defendant INFO OF ENGINEERING, P.C. 11 Broadway, Suite 910 New York, New York 10004 (212) 422-9424 kjmr@bonlaw.com CLAUSEN MILLER, P.C. Attorneys for Second Third-Party Defendant BAY ROCK INSURANCE AGENCY 28 Liberty Street, 29th Floor New York, New York 10005 (212) 805-3900 cperri@clausen.com; gpopadiuk@clausen.com 9 9 of 10 FILED: KINGS COUNTY CLERK 02/16/2023 01:53 PM INDEX NO. 514069/2019 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 02/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 514069/2014 ______________________________________________________________________________ 326 21st STREET LLC, Plaintiff, -against- 328 21 ST LLC, NYB BUILDERS INC., REGAL RECONSTRUCTION CORP. and ZUMBAS BUILDERS, INC., Defendants. * And other actions. ______________________________________________________________________________ RESPONSE TO DEMAND FOR BILL OF PARTICULARS ______________________________________________________________________________ VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP Attorneys for Defendant/Second Third-Party Plaintiff 328 21 ST, LLC 420 Lexington Avenue, Suite 219 New York, New York 10170 Tel.: (929) 955-4500 VBPNP File No.: 0311-010 ______________________________________________________________________________ TO: ALL PARTIES 10 10 of 10