Preview
FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR COPIES OF
STATEMENTS
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e) you are required to serve upon
the undersigned within twenty (20) days, the following:
1. Written statements of the answering defendant in your possession.
2. Records, memoranda, notes, tape recordings, or other recorded communications
made of or by the answering defendant in your possession, including e-mails,
messages"
voicemails, telephone records, so-called "instant and related items.
3. Summaries of oral statements of answering defendant in your possession.
This demand shall be deemed to continue during the pendency of this action ifany of the above
items are subsequently obtained.
1 of 25
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Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
Seventh 33d
450 Avenue, Floor
New York, New York 10123
(212) 244-9000
2 of 25
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR WITNESS
INFORMATION
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(a), Third-Party Defendant
ANCHOR IT INC., demands that the Plaintiff set forth, in writing and under oath, within twenty
(20) days of the service of this Demand, the following:
1. Names and addresses of each person claimed, by any party whom you represent,
to be a witness of any of the following:
(a) The occurrence(s) alleged in the Complaint;
(b) Any acts, omissions, or conditions, which allegedly caused
the occurrence(s), alleged in the Complaint;
(c) The damages claimed in this action;
3 of 25
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PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in the
reply to this Demand.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
33d
450 Seventh Avenue, Floor
New York, New York 10123
(212) 244-9000
4 of 25
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR DISCOVERY
AND INSPECTION OF
BILLS
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that the Plaintiff is hereby requested to produce for discovery
and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice,
the following documents:
Each and every statement
bill, of account, or itemized charge received by the Plaintiff
or anyone on their behalf pertaining to the special damages claimed in this lawsuit.
This demand shall be deemed to continue during the pendency of this action, ifany of the
above-requested information or documents are subsequently obtained.
PLEASE TAKE FURTHER NOTICE, that ifthe Plaintiff fails to timely comply with this
Demand, a motion will be made to either dismiss this action and/or preclude the Plaintiff from
offering at the trialof this action evidence pertaining to or contained in the items demanded herein.
5 of 25
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Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
33d
450 Seventh Avenue, Floor
New York, New York 10123
(212) 244-9000
6 of 25
FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR
PHOTOGRAPHS
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR
Section 3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5,
46 App. Div.581;Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc.,266
N.Y.S.2d 453, the undersigned demand that ALL ADVERSE PARTIESserve upon them, within
twenty (20) days of the service of this Demand, the following:
1. Photographs and/or videotapes of the scene of the occurrence, which is the
subject of this litigation.
2. Photographs and/or videotapes of the persons involved in such litigation taken at
or about the time of the occurrence.
3. Photographs of the Plaintiff that demonstrate the injuries allegedly sustained.
7 of 25
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PLEASE TAKE FURTHER NOTICE, that upon your failure to comply, a motion will be
made to the Court for an Order directing compliance, plus costs of this Motion.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
Seventh 33d
450 Avenue, Floor
New York, New York 10123
(212) 244-9000
8 of 25
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR
COLLATERAL SOURCE
INFORMATION
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the
Plaintiff that they serve upon the undersigned a statement as to whether any part of the cost
of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss
sought to be recovered herein was replaced or indemnified, in whole or in part, from any
collateral source such as insurance, social security, Worker's Compensation, Medicaid, public
assistance, or employee benefit programs, and, ifso, the full name and address of each
orgaritation, agency, or program providing such replacement or hdemnification together with
an itemized statement of the amount h which each such claimed item of economic bss was
replaced or indemnified by each such organization or program.
9 of 25
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A demand is additionally made for duly executed HIPAA compliant and properly
addressed original authorizations permitting the undersigned to inspect and copy any
records reflecting any collateral source or payment identified in response to the foregoing
demand.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant
to the CPLR.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attorneys for Plaintiff
10 of 25
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33rd
450 Seventh Avenue, FlOOr
New York, New YOrk 10123
(212) 244-9000
11 of 25
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, NOTICE TO PRODUCE
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPRL 3101, demand is hereby made upon
the Plaintiff or his attorneys to serve upon and deliver to the attorneys for this Third-Party
Defendant, FULLERTON BECK, LLP, within twenty (20) days from the date thereof, copies
of:
1. AII documents, correspondence, notes or memoranda relating to
communications between Plaintiff, Plaintiff's agents, representative and
attorneys and Defendant, including, but not limited to:
a. Correspondence from Plaintiff, Plaintiff's agents, representatives and
attorneys to any Defendant;
b. Correspondence from any Defendant to Plaintiff, Plaintiff's agents,
representatives and attorneys;
c. All documents, records or reports prepared by any Defendant;
d. AII correspondence from any Defendant to any third party.
2. A copy of any and allsurveillance videos from the date of the alleged accident.
12 of 25
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3. A copy of any lease, contract or other agreement between this Defendant and
any entity with regard to the subject premises.
4. List of any and all employees of co-defendants on the date of the alleged
incident at the subject location, their current employment status and last known
address for any which are no longer employees.
5. Any and all incident reports, accident reports or other similar reports created
by any party, or within the possession of any party, regarding the subject
incident.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
Seventh 33d
450 Avenue, Floor
New York, New York 10123
(212) 244-9000
13 of 25
FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
---------------------------------------------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR EXPERT
INFORMATION
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
----------------------------------------------------------------------X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPRL 3101(d), you are hereby required to
serve upon the undersigned the following discovery as to each person whom you will call as
an expert.
PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing
demand and that you are required to serve the demanded information in accordance with the
CPLR.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand will
result, inter alia, in a motion to preclude the testimony of any such expert(s) upon the trial of
this action.
1. State the name of any other expert not herein before disclosed whom you will
call as a witness at the trial,and for each such expert state:
a. The address, both home and business, of such experts;
b. The subject matter on which the expert willtestify;
14 of 25
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c. The substance of the facts and opinions to which the expert will testify;
d. A summary of the grounds for each such opinion;
e. A brief chronological resume of the expert's qualifications, including
educations background and professional background, including the
associations or societies of which the expert is a member, and as to
medical personnel, the names and addresses of all hospitals on whose
staffs such experts are or were.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
By: Eileen R. Fullerton, Esq.
Attomeys Third Party Defendant
ANCHOR IT INC.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No. 54-130
TO: Ryan T. Kearney, Esq.
O'
COZEN O'CONNOR
Attorneys for Defendants/Third-Party Plaintiffs
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC and MAGNETIC BUILDERS
GROUP LLC.,
16th
45 Broadway, Floor
New York, New York 10006
(212) 244-9000
MATALON SHWEKY ELMAN PLLC
Attomeys for Plaintiff
Seventh 33d
450 Avenue, Floor
New York, New York 10123
(212) 244-9000
15 of 25
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK - COMMERCIAL DIVISION
--------------------------------X
COLT NORTH 9™ STREET Index No. 151104/2017
93 LLC,
Plaintiff, DEMAND FOR NO FAX
-against-
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Defendants.
---------------------------------X X
93-97 WYTHE AVENUE LP, THE HOXTON
(WILLIAMSBURG) LLC f/k/a 93-97 WYTHE
AVENUE LLC, and MAGNETIC BUILDERS
GROUP LLC,
Third Party Plaintiffs, Third-Party Index No:
791057/2017
-against-
EXPEDITION CONTRACTING CORP., and
ANCHOR IT INC.
Third Party Defendants.
---------------------------------X X
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPRL §2103(5) the office of the
undersigned will not accept service of papers by facsimile (fax), transmittal or other electronic
means.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
July 3, 2018
Yours, etc.
FULLERTON BECK, LLP
Preview
FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR COPIES OF STATEMENTS -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e) you are required to serve upon the undersigned within twenty (20) days, the following: 1. Written statements of the answering defendant in your possession. 2. Records, memoranda, notes, tape recordings, or other recorded communications made of or by the answering defendant in your possession, including e-mails, messages" voicemails, telephone records, so-called "instant and related items. 3. Summaries of oral statements of answering defendant in your possession. This demand shall be deemed to continue during the pendency of this action ifany of the above items are subsequently obtained. 1 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff Seventh 33d 450 Avenue, Floor New York, New York 10123 (212) 244-9000 2 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR WITNESS INFORMATION -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPLR 3101(a), Third-Party Defendant ANCHOR IT INC., demands that the Plaintiff set forth, in writing and under oath, within twenty (20) days of the service of this Demand, the following: 1. Names and addresses of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence(s) alleged in the Complaint; (b) Any acts, omissions, or conditions, which allegedly caused the occurrence(s), alleged in the Complaint; (c) The damages claimed in this action; 3 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in the reply to this Demand. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff 33d 450 Seventh Avenue, Floor New York, New York 10123 (212) 244-9000 4 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR DISCOVERY AND INSPECTION OF BILLS -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that the Plaintiff is hereby requested to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: Each and every statement bill, of account, or itemized charge received by the Plaintiff or anyone on their behalf pertaining to the special damages claimed in this lawsuit. This demand shall be deemed to continue during the pendency of this action, ifany of the above-requested information or documents are subsequently obtained. PLEASE TAKE FURTHER NOTICE, that ifthe Plaintiff fails to timely comply with this Demand, a motion will be made to either dismiss this action and/or preclude the Plaintiff from offering at the trialof this action evidence pertaining to or contained in the items demanded herein. 5 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff 33d 450 Seventh Avenue, Floor New York, New York 10123 (212) 244-9000 6 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR PHOTOGRAPHS -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR Section 3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46 App. Div.581;Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc.,266 N.Y.S.2d 453, the undersigned demand that ALL ADVERSE PARTIESserve upon them, within twenty (20) days of the service of this Demand, the following: 1. Photographs and/or videotapes of the scene of the occurrence, which is the subject of this litigation. 2. Photographs and/or videotapes of the persons involved in such litigation taken at or about the time of the occurrence. 3. Photographs of the Plaintiff that demonstrate the injuries allegedly sustained. 7 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 PLEASE TAKE FURTHER NOTICE, that upon your failure to comply, a motion will be made to the Court for an Order directing compliance, plus costs of this Motion. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff Seventh 33d 450 Avenue, Floor New York, New York 10123 (212) 244-9000 8 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR COLLATERAL SOURCE INFORMATION -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the Plaintiff that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, social security, Worker's Compensation, Medicaid, public assistance, or employee benefit programs, and, ifso, the full name and address of each orgaritation, agency, or program providing such replacement or hdemnification together with an itemized statement of the amount h which each such claimed item of economic bss was replaced or indemnified by each such organization or program. 9 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 A demand is additionally made for duly executed HIPAA compliant and properly addressed original authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant to the CPLR. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attorneys for Plaintiff 10 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 33rd 450 Seventh Avenue, FlOOr New York, New YOrk 10123 (212) 244-9000 11 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, NOTICE TO PRODUCE -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPRL 3101, demand is hereby made upon the Plaintiff or his attorneys to serve upon and deliver to the attorneys for this Third-Party Defendant, FULLERTON BECK, LLP, within twenty (20) days from the date thereof, copies of: 1. AII documents, correspondence, notes or memoranda relating to communications between Plaintiff, Plaintiff's agents, representative and attorneys and Defendant, including, but not limited to: a. Correspondence from Plaintiff, Plaintiff's agents, representatives and attorneys to any Defendant; b. Correspondence from any Defendant to Plaintiff, Plaintiff's agents, representatives and attorneys; c. All documents, records or reports prepared by any Defendant; d. AII correspondence from any Defendant to any third party. 2. A copy of any and allsurveillance videos from the date of the alleged accident. 12 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 3. A copy of any lease, contract or other agreement between this Defendant and any entity with regard to the subject premises. 4. List of any and all employees of co-defendants on the date of the alleged incident at the subject location, their current employment status and last known address for any which are no longer employees. 5. Any and all incident reports, accident reports or other similar reports created by any party, or within the possession of any party, regarding the subject incident. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff Seventh 33d 450 Avenue, Floor New York, New York 10123 (212) 244-9000 13 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION ---------------------------------------------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR EXPERT INFORMATION -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ----------------------------------------------------------------------X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPRL 3101(d), you are hereby required to serve upon the undersigned the following discovery as to each person whom you will call as an expert. PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing demand and that you are required to serve the demanded information in accordance with the CPLR. PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand will result, inter alia, in a motion to preclude the testimony of any such expert(s) upon the trial of this action. 1. State the name of any other expert not herein before disclosed whom you will call as a witness at the trial,and for each such expert state: a. The address, both home and business, of such experts; b. The subject matter on which the expert willtestify; 14 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 c. The substance of the facts and opinions to which the expert will testify; d. A summary of the grounds for each such opinion; e. A brief chronological resume of the expert's qualifications, including educations background and professional background, including the associations or societies of which the expert is a member, and as to medical personnel, the names and addresses of all hospitals on whose staffs such experts are or were. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP By: Eileen R. Fullerton, Esq. Attomeys Third Party Defendant ANCHOR IT INC. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No. 54-130 TO: Ryan T. Kearney, Esq. O' COZEN O'CONNOR Attorneys for Defendants/Third-Party Plaintiffs 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC and MAGNETIC BUILDERS GROUP LLC., 16th 45 Broadway, Floor New York, New York 10006 (212) 244-9000 MATALON SHWEKY ELMAN PLLC Attomeys for Plaintiff Seventh 33d 450 Avenue, Floor New York, New York 10123 (212) 244-9000 15 of 25 FILED: NEW YORK COUNTY CLERK 07/03/2018 12:23 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - COMMERCIAL DIVISION --------------------------------X COLT NORTH 9™ STREET Index No. 151104/2017 93 LLC, Plaintiff, DEMAND FOR NO FAX -against- 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Defendants. ---------------------------------X X 93-97 WYTHE AVENUE LP, THE HOXTON (WILLIAMSBURG) LLC f/k/a 93-97 WYTHE AVENUE LLC, and MAGNETIC BUILDERS GROUP LLC, Third Party Plaintiffs, Third-Party Index No: 791057/2017 -against- EXPEDITION CONTRACTING CORP., and ANCHOR IT INC. Third Party Defendants. ---------------------------------X X COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPRL §2103(5) the office of the undersigned will not accept service of papers by facsimile (fax), transmittal or other electronic means. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York July 3, 2018 Yours, etc. FULLERTON BECK, LLP