Preview
FILED: NEW YORK COUNTY CLERK 01/10/2020
02/26/2020 10:10
12:32 AM
PM INDEX NO. 161605/2018
151102/2017
NYSCEF DOC. NO. 20
29 RECEIVED NYSCEF: 01/10/2020
02/26/2020
LBBS File No: 44837-16
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ABBY AMBINDER and EDWARD P.
AMBINDER, Index No.: 161605/18
Plaintiffs,
NOTICE FOR
-against- DISCOVERY AND
INSPECTION
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC., CONSOLIDATED EDISON, INC.
and EMPIRE ECS SUBWAY COMPANY
(LIMITED),
Defendants.
----------------------------------------------------------------x
TO: ALL PARTIES
PLEASE TAKE NOTICE, that LEWIS BRISBOIS BISGAARD & SMITH LLP the
attorneys for the Defendant, EMPIRE ECS SUBWAY COMPANY (LIMITED) (hereinafter
“ECS”), hereby make the following demands upon all parties as indicated, responses to said
demands being returnable at the office of the undersigned within twenty (20) days of the date of
service of these demands upon you, as follows:
1. Color photographs of plaintiff’s allegedly injured body parts prior to the date of
the accident;
2. Color photographs of plaintiff’s allegedly injured body parts prior to undergoing
surgery, treatment and/or repairs;
3. Current color photographs of plaintiff’s allegedly injured body parts (present date
and time);
4. Color photographs identifying the specific manhole that allegedly caused plaintiff
to trip and fall;
5. 50-H transcripts and exhibits in color;
4845-1315-2432.1
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FILED: NEW YORK COUNTY CLERK 01/10/2020
02/26/2020 10:10
12:32 AM
PM INDEX NO. 161605/2018
151102/2017
NYSCEF DOC. NO. 20
29 RECEIVED NYSCEF: 01/10/2020
02/26/2020
6. Identification of specific manhole that allegedly caused plaintiff to sustain
personal injuries on December 18, 2015;
7. Notice of Claim to the City of New York;
8. The report of any physician who examined the plaintiff for The City of New York
for any claims alleged as a result of this accident;
9. All permit applications made by ECS and permits issued to ECS for the alleged
accident location, northeast corner to southeast corner of West 66th Street and
Columbus Avenue New York New York for a period of five years prior to and
including the date of the accident, December 18, 2015;
10. Any and all work orders, applications for work and/or point of entry, cut forms,
inspection reports, 311 complaints, contract information, in-house surfacing
records, repair orders/records, gangsheets for roadway defects, Big Apple pothole
and Sidewalk Protection Corporation maps, and I-Phone complaints for the
alleged accident location, northeast corner to southeast corner of West 66th Street
and Columbus Avenue New York New York issued for a period of five years
prior to and including the date of the accident, December 18, 2015;
11. Any and all contracts and all related contract documents including riders and
addendums relating to the subject manhole in effect on the date of the alleged
accident, December 18, 2015;
12. Any notices of violations or notices of a defective condition for the accident
location and condition located at northeast corner to southeast corner of West 66th
Street and Columbus Avenue New York New York for a period of five years prior
to and including the date of the accident, December 18, 2015;
4845-1315-2432.1
2 of 4
FILED: NEW YORK COUNTY CLERK 01/10/2020
02/26/2020 10:10
12:32 AM
PM INDEX NO. 161605/2018
151102/2017
NYSCEF DOC. NO. 20
29 RECEIVED NYSCEF: 01/10/2020
02/26/2020
13. Any and all searches (search parameters and results) conducted by each named
party via its agents for any roadway searches, intersection searches, and segment
searches for the location of the alleged accident, northeast corner to southeast
corner of West 66th Street and Columbus Avenue New York New York for five
years prior to and including the date of the alleged accident, December 18, 2015;
14. Plaintiff to provide the entire litigation file involving Action 1, Abby Ambinder v.
City of New York, Supreme Court, New York County under Index Number
0151102/2017 prior to December 5, 2019.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with these demands
will serve as a basis of a motion to preclude from offering proof relative to the following, upon
trial of this action, or in the alternative, as the basis of a motion to dismiss and/or strike
pleadings, pursuant to CPLR 3126, and for such other and further relief as is contemplated by the
CPLR.
PLEASE TAKE FURTHER NOTICE, that these are continuing demands, and should
any of the information or materials requested herein become available and known in the future,
you are required to furnish same promptly at such time. If same is not provided, the undersigned
shall seek to preclude the offer of any such testimony or evidence.
PLEASE TAKE FURTHER NOTICE, that the information and/or materials requested
to be discovered will be physically inspected, copied, mechanically reproduced and returned. In
the alternative, it will be acceptable compliance with this demand if accurate reproductions are
provided in lieu of forwarding original materials and/or information.
4845-1315-2432.1
3 of 4
FILED:
FILED : NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 02/26/2020
01/10/2020 12:32
10:10 PM
AM|
INDEX
INDEX NO.
NO. 151102/2017
161605/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 29
20 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/26/2020
01/10/2020
PLEASE TAKE FURTHER NOTICE, that ifthe information requested in the above
demands are not in the possession, custody or control of any parties you represent in this action,
so state specifically with regard to each item request above.
Dated: New York, New York
January 9, 2020
Yours, etc.
LEWIS BRISBOIS ISGAARD & SMITH LLP
.......
Angi awly, sq.
Att neys for efendant
EMPIRE E S SUBWAY COMPANY (LIMITED)
77 Water St eet, Suite 2100
New York, New York 10005
(212) 232-1300
TO:
FINZ & FINZ, P.C.
410 East Jericho Turnpike
Mineola, New York 11501
Attorneys for Plaintiff
(516) 433-3000
NADINE RIVELLESE
4 Irving Place, Room 1800
New York, New York 10003-3598
Attorneys for Defendant
CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC.
(212) 460-3355
4845-1315-2432.1
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FILED: NEW YORK COUNTY CLERK 01/10/2020 02/26/2020 10:10 12:32 AM PM INDEX NO. 161605/2018 151102/2017 NYSCEF DOC. NO. 20 29 RECEIVED NYSCEF: 01/10/2020 02/26/2020 LBBS File No: 44837-16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------x ABBY AMBINDER and EDWARD P. AMBINDER, Index No.: 161605/18 Plaintiffs, NOTICE FOR -against- DISCOVERY AND INSPECTION CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC. and EMPIRE ECS SUBWAY COMPANY (LIMITED), Defendants. ----------------------------------------------------------------x TO: ALL PARTIES PLEASE TAKE NOTICE, that LEWIS BRISBOIS BISGAARD & SMITH LLP the attorneys for the Defendant, EMPIRE ECS SUBWAY COMPANY (LIMITED) (hereinafter “ECS”), hereby make the following demands upon all parties as indicated, responses to said demands being returnable at the office of the undersigned within twenty (20) days of the date of service of these demands upon you, as follows: 1. Color photographs of plaintiff’s allegedly injured body parts prior to the date of the accident; 2. Color photographs of plaintiff’s allegedly injured body parts prior to undergoing surgery, treatment and/or repairs; 3. Current color photographs of plaintiff’s allegedly injured body parts (present date and time); 4. Color photographs identifying the specific manhole that allegedly caused plaintiff to trip and fall; 5. 50-H transcripts and exhibits in color; 4845-1315-2432.1 1 of 4 FILED: NEW YORK COUNTY CLERK 01/10/2020 02/26/2020 10:10 12:32 AM PM INDEX NO. 161605/2018 151102/2017 NYSCEF DOC. NO. 20 29 RECEIVED NYSCEF: 01/10/2020 02/26/2020 6. Identification of specific manhole that allegedly caused plaintiff to sustain personal injuries on December 18, 2015; 7. Notice of Claim to the City of New York; 8. The report of any physician who examined the plaintiff for The City of New York for any claims alleged as a result of this accident; 9. All permit applications made by ECS and permits issued to ECS for the alleged accident location, northeast corner to southeast corner of West 66th Street and Columbus Avenue New York New York for a period of five years prior to and including the date of the accident, December 18, 2015; 10. Any and all work orders, applications for work and/or point of entry, cut forms, inspection reports, 311 complaints, contract information, in-house surfacing records, repair orders/records, gangsheets for roadway defects, Big Apple pothole and Sidewalk Protection Corporation maps, and I-Phone complaints for the alleged accident location, northeast corner to southeast corner of West 66th Street and Columbus Avenue New York New York issued for a period of five years prior to and including the date of the accident, December 18, 2015; 11. Any and all contracts and all related contract documents including riders and addendums relating to the subject manhole in effect on the date of the alleged accident, December 18, 2015; 12. Any notices of violations or notices of a defective condition for the accident location and condition located at northeast corner to southeast corner of West 66th Street and Columbus Avenue New York New York for a period of five years prior to and including the date of the accident, December 18, 2015; 4845-1315-2432.1 2 of 4 FILED: NEW YORK COUNTY CLERK 01/10/2020 02/26/2020 10:10 12:32 AM PM INDEX NO. 161605/2018 151102/2017 NYSCEF DOC. NO. 20 29 RECEIVED NYSCEF: 01/10/2020 02/26/2020 13. Any and all searches (search parameters and results) conducted by each named party via its agents for any roadway searches, intersection searches, and segment searches for the location of the alleged accident, northeast corner to southeast corner of West 66th Street and Columbus Avenue New York New York for five years prior to and including the date of the alleged accident, December 18, 2015; 14. Plaintiff to provide the entire litigation file involving Action 1, Abby Ambinder v. City of New York, Supreme Court, New York County under Index Number 0151102/2017 prior to December 5, 2019. PLEASE TAKE FURTHER NOTICE, that your failure to comply with these demands will serve as a basis of a motion to preclude from offering proof relative to the following, upon trial of this action, or in the alternative, as the basis of a motion to dismiss and/or strike pleadings, pursuant to CPLR 3126, and for such other and further relief as is contemplated by the CPLR. PLEASE TAKE FURTHER NOTICE, that these are continuing demands, and should any of the information or materials requested herein become available and known in the future, you are required to furnish same promptly at such time. If same is not provided, the undersigned shall seek to preclude the offer of any such testimony or evidence. PLEASE TAKE FURTHER NOTICE, that the information and/or materials requested to be discovered will be physically inspected, copied, mechanically reproduced and returned. In the alternative, it will be acceptable compliance with this demand if accurate reproductions are provided in lieu of forwarding original materials and/or information. 4845-1315-2432.1 3 of 4 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 02/26/2020 01/10/2020 12:32 10:10 PM AM| INDEX INDEX NO. NO. 151102/2017 161605/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 29 20 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/26/2020 01/10/2020 PLEASE TAKE FURTHER NOTICE, that ifthe information requested in the above demands are not in the possession, custody or control of any parties you represent in this action, so state specifically with regard to each item request above. Dated: New York, New York January 9, 2020 Yours, etc. LEWIS BRISBOIS ISGAARD & SMITH LLP ....... Angi awly, sq. Att neys for efendant EMPIRE E S SUBWAY COMPANY (LIMITED) 77 Water St eet, Suite 2100 New York, New York 10005 (212) 232-1300 TO: FINZ & FINZ, P.C. 410 East Jericho Turnpike Mineola, New York 11501 Attorneys for Plaintiff (516) 433-3000 NADINE RIVELLESE 4 Irving Place, Room 1800 New York, New York 10003-3598 Attorneys for Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (212) 460-3355 4845-1315-2432.1 4 4 of of 4 4