Preview
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- -- - - -- - -- - - -- - - -- - - -- - ---- - - -- - -- - - - --X
9™
COLT 93 NORTH STREET LLC, Index No.: 151104/2017
Plaintiff, COMBINED DISCOVERY
DEMANDS TO ANCHOR
- against - INC.
IT,
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 Third Party Index No.:
LLC, and MAGNETIC BUILDERS GROUP LLC, 595386/2017
Third-Party Plaintiff,
- against -
EXPEDITION CONTRACTING CORP. and ANCHOR
IT, INC.,
Third-Party Defendants.
------------- ----------- ----- - -- - - -- - - -X
PLEASE TAKE NOTICE, that 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 ("Defendants/Third-Party Plaintiffs"), by and
through their counsel, COZEN O'CONNOR, hereby make the following Discovery Demands
upon Third-Party Defendant ANCHOR IT, INC. pursuant to Article 31 of the Civil Practice Law
and Rules. The foregoing demands are returnable at the law offices of COZEN O'CONNOR
located at 45 Broadway, 16th Floor, New York, New York 10006, at 10:00 am within twenty (20)
days hereof, unless otherwise stated.
LEGAL\37875806\1
1 of 6
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
DEMAND FOR NAMES AND ADDRESSES OF PARTIES
PLEASE TAKE NOTICE, that pursuant to CPLR 3120, you are required to furnish the
name, address, and telephone number of each party and attorney appearing in this action.
DEMAND FOR NAME, ADDRESS AND
TELEPHONE NUMBER OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(a), you are required to set forth
in writing the name, address and telephone number of each person claimed by any party you
represent to be a witness to any of the following:
a) the events, relationship, and damages, and any notice thereof, alleged in the
Third-Party Complaint;
b) any acts, omissions or conditions which allegedly caused the events or
defects alleged in the Third-Party Complaint.
If no such witnesses are known, so state in the response to this Demand. The undersigned
will object upon trialto the testimony of any witnesses not so identified.
DEMAND FOR PHOTOGRAPHS, VIDEOTAPES
AND OTHER VISUAL REPRODUCTIONS
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR 3101, you are required to furnish duplicate originals of all photographs, videotapes and
visual reproductions of the scene of the incident which is the subject of this litigation, photographs,
videotapes and visual reproductions of the instrumentalities involved in such litigation;
photographs, videotapes and visual reproductions depicting plaintiff's alleged damages; and all
other photographs, videotapes and visual reproductions which each party adverse to
Defendants/Third-Party Plaintiffs, will seek to introduce into evidence at any trial of this action.
If no such photographs, videotapes or visual reproductions are in the possession, custody or control
of any parties you represent in this action, so state in the reply to this demand.
2
LEGAL\37875806\1
2 of 6
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
PLEASE TAKE FURTHER NOTICE, that demand is hereby made that each negative
and original rollof film and videotape be made available for discovery, inspection and copying by
the undersigned and that each negative, original roll of film and videotape be preserved in an
unaltered state for use at trial.
DEMAND FOR THE DISCOVERY AND INSPECTION OF
ANY STATEMENT OF ADVERSE PARTIES AND WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e) and 3120, you are required to
furnish a copy of each and every statement signed or unsigned, or any recorded statement made
by or taken from each such party and/or witness and his, her or its agents, servants or employees
now in your possession, custody or control, or in the possession, custody or control of any part you
represent in this action, if such statement in any maññer bears on the issues in this action. If no
such statement is in the possession, custody or control of any parties you represent in this action,
so state in the response to this Demand.
DEMAND FOR IDENTIFICATION OF
EXPERT WITNESSES AND INFORMATION
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR § 3101(d), you are required to identify each person whom you expect to call as an expert
witness at trialand to provide the following information with respect to each expert witness:
a) the name, street address and curriculum vitae of each expert;
b) the subject matter on which each expert is expected to testify;
c) the substance of the facts and opinions on which each expert is expected to
testify;
d) the qualification of each expert witness;
e) a summary of the grounds for each expert's opinion;
f) a copy of all publications of each expert as it pertains to the anticipated
subject matter on which such expert testimony will be offered; and
3
LEGAL\37875806\l
3 of 6
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
caption, index numbers and service riders for all actions in which each
g)
expert has rendered expert testimony, at a deposition and/or trial,during the
past ten (10) years.
The undersigned will object at trial to the testimony of any expert witness not so identified
and will use your failure to respond to this demand against each party you represent at trial.
fully
DEMAND_FOR INSURANCE INFORMATION
PLEASE TAKE that demand is made upon the attorneys for the Third-
NOTICE, hereby
Party Defendant Anchor It, Inc. for the following:
(a) a full and complete copy of each and every policy of insurance, including any and all
endorsements thereto, procured by or on behalf of Third-Party Defendant Anchor It, Inc., its
parents, subsidiaries, agents, and/or affiliates,that were in effect on or about August 2013 through
August 2016 that named or identified Defendants/Third-Party Plaintiffs as an additional insured;
and
(b) a fully and complete copy of each and every policy of insurance, including any and all
endorsements thereto, procured by or on behalf of Third-Party Defendant Anchor It, Inc., its
and/or pursuant to a contractual between Third-
parents, subsidiaries, agents, affiliates, relationship
Party Defendant Anchor It,Inc. and Defendants/Third-Party Plaintiffs.
DEMAND FOR CONTRACTS
PLEASE TAKE that demand is made upon the attorneys for the Third-
NOTICE, hereby
Party Defendant Anchor It,Inc. for the following:
(a) a full and complete copy of each and every contract entered into between Third-Party
Defendant Anchor It, Inc. regarding the construction project located at 93-97 Wythe Avenue,
Brooklyn, New York 11249; and
a full and complete of each and subcontract entered into between Third-
(b) copy every
Party Defendant Anchor It,Inc. regarding the construction project located at 93-97 Wythe Avenue,
Brooklyn, New York 11249.
4
LEGAL\37875806\1
4 of 6
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
DEMAND FOR COPIES OF PLEADINGS AND DISCOVERY IN RELATED CASES
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby
required to furnish the undersigned with all index numbers, case names, copies of each and every
pleading, disclosure notice and reply thereto, notice or motion papers together with all supporting
affidavits or affirmations and replies or sur-replies, alldeposition transcripts and exhibits identified
therein, interrogatories and answers thereto, and all documents related to all actions based upon
the same or similar facts and circumstances which form the basis for this litigation.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing Demands and
that if any of the above items are obtained after the return date of these Combined Demands, they
are to be furnished to the undersigned pursuant to these Demands.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid
information and/or documents, a motion will be made for the appropriate relief to the Court.
Dated: New York, New York
August 22, 2018
Yours, etc.,
COZEN O'CONNOR
By: Kristin A. Keehan, Èsq.
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
16*
45 Broadway, Floor
New York, NY 10006
(212) 509-9400
5
LEGAL\37875806\l
5 of 6
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018
TO:
Fullerton Beck, LLP
Attorneys for Third-Party Defendant
Anchor It Inc.
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
(Via ECF and Overnight Mail)
Gallo Vitucci Klar LLP
Attorneys for Third-Party Defendant
Expedition Contracting Corp.
12*
90 Broad Street, Fl.
New York, New York 10004
(212) 683-7100
(Via ECF and Overnight Mail)
Matalon Shweky Elman PLLC
Attorneys for Plaintiff
9'''
Colt 93 North Street LLC
33rd
450 Seventh Avenue,
New York, New York 10123
(212) 244-9000
6
LEGAL\37875806\1
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -- - - -- - -- - - -- - - -- - - -- - ---- - - -- - -- - - - --X 9™ COLT 93 NORTH STREET LLC, Index No.: 151104/2017 Plaintiff, COMBINED DISCOVERY DEMANDS TO ANCHOR - against - INC. IT, 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 Third Party Index No.: LLC, and MAGNETIC BUILDERS GROUP LLC, 595386/2017 Third-Party Plaintiff, - against - EXPEDITION CONTRACTING CORP. and ANCHOR IT, INC., Third-Party Defendants. ------------- ----------- ----- - -- - - -- - - -X PLEASE TAKE NOTICE, that 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 ("Defendants/Third-Party Plaintiffs"), by and through their counsel, COZEN O'CONNOR, hereby make the following Discovery Demands upon Third-Party Defendant ANCHOR IT, INC. pursuant to Article 31 of the Civil Practice Law and Rules. The foregoing demands are returnable at the law offices of COZEN O'CONNOR located at 45 Broadway, 16th Floor, New York, New York 10006, at 10:00 am within twenty (20) days hereof, unless otherwise stated. LEGAL\37875806\1 1 of 6 FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 DEMAND FOR NAMES AND ADDRESSES OF PARTIES PLEASE TAKE NOTICE, that pursuant to CPLR 3120, you are required to furnish the name, address, and telephone number of each party and attorney appearing in this action. DEMAND FOR NAME, ADDRESS AND TELEPHONE NUMBER OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR 3101(a), you are required to set forth in writing the name, address and telephone number of each person claimed by any party you represent to be a witness to any of the following: a) the events, relationship, and damages, and any notice thereof, alleged in the Third-Party Complaint; b) any acts, omissions or conditions which allegedly caused the events or defects alleged in the Third-Party Complaint. If no such witnesses are known, so state in the response to this Demand. The undersigned will object upon trialto the testimony of any witnesses not so identified. DEMAND FOR PHOTOGRAPHS, VIDEOTAPES AND OTHER VISUAL REPRODUCTIONS PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR 3101, you are required to furnish duplicate originals of all photographs, videotapes and visual reproductions of the scene of the incident which is the subject of this litigation, photographs, videotapes and visual reproductions of the instrumentalities involved in such litigation; photographs, videotapes and visual reproductions depicting plaintiff's alleged damages; and all other photographs, videotapes and visual reproductions which each party adverse to Defendants/Third-Party Plaintiffs, will seek to introduce into evidence at any trial of this action. If no such photographs, videotapes or visual reproductions are in the possession, custody or control of any parties you represent in this action, so state in the reply to this demand. 2 LEGAL\37875806\1 2 of 6 FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 PLEASE TAKE FURTHER NOTICE, that demand is hereby made that each negative and original rollof film and videotape be made available for discovery, inspection and copying by the undersigned and that each negative, original roll of film and videotape be preserved in an unaltered state for use at trial. DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY STATEMENT OF ADVERSE PARTIES AND WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e) and 3120, you are required to furnish a copy of each and every statement signed or unsigned, or any recorded statement made by or taken from each such party and/or witness and his, her or its agents, servants or employees now in your possession, custody or control, or in the possession, custody or control of any part you represent in this action, if such statement in any maññer bears on the issues in this action. If no such statement is in the possession, custody or control of any parties you represent in this action, so state in the response to this Demand. DEMAND FOR IDENTIFICATION OF EXPERT WITNESSES AND INFORMATION PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR § 3101(d), you are required to identify each person whom you expect to call as an expert witness at trialand to provide the following information with respect to each expert witness: a) the name, street address and curriculum vitae of each expert; b) the subject matter on which each expert is expected to testify; c) the substance of the facts and opinions on which each expert is expected to testify; d) the qualification of each expert witness; e) a summary of the grounds for each expert's opinion; f) a copy of all publications of each expert as it pertains to the anticipated subject matter on which such expert testimony will be offered; and 3 LEGAL\37875806\l 3 of 6 FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 caption, index numbers and service riders for all actions in which each g) expert has rendered expert testimony, at a deposition and/or trial,during the past ten (10) years. The undersigned will object at trial to the testimony of any expert witness not so identified and will use your failure to respond to this demand against each party you represent at trial. fully DEMAND_FOR INSURANCE INFORMATION PLEASE TAKE that demand is made upon the attorneys for the Third- NOTICE, hereby Party Defendant Anchor It, Inc. for the following: (a) a full and complete copy of each and every policy of insurance, including any and all endorsements thereto, procured by or on behalf of Third-Party Defendant Anchor It, Inc., its parents, subsidiaries, agents, and/or affiliates,that were in effect on or about August 2013 through August 2016 that named or identified Defendants/Third-Party Plaintiffs as an additional insured; and (b) a fully and complete copy of each and every policy of insurance, including any and all endorsements thereto, procured by or on behalf of Third-Party Defendant Anchor It, Inc., its and/or pursuant to a contractual between Third- parents, subsidiaries, agents, affiliates, relationship Party Defendant Anchor It,Inc. and Defendants/Third-Party Plaintiffs. DEMAND FOR CONTRACTS PLEASE TAKE that demand is made upon the attorneys for the Third- NOTICE, hereby Party Defendant Anchor It,Inc. for the following: (a) a full and complete copy of each and every contract entered into between Third-Party Defendant Anchor It, Inc. regarding the construction project located at 93-97 Wythe Avenue, Brooklyn, New York 11249; and a full and complete of each and subcontract entered into between Third- (b) copy every Party Defendant Anchor It,Inc. regarding the construction project located at 93-97 Wythe Avenue, Brooklyn, New York 11249. 4 LEGAL\37875806\1 4 of 6 FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 DEMAND FOR COPIES OF PLEADINGS AND DISCOVERY IN RELATED CASES PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby required to furnish the undersigned with all index numbers, case names, copies of each and every pleading, disclosure notice and reply thereto, notice or motion papers together with all supporting affidavits or affirmations and replies or sur-replies, alldeposition transcripts and exhibits identified therein, interrogatories and answers thereto, and all documents related to all actions based upon the same or similar facts and circumstances which form the basis for this litigation. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing Demands and that if any of the above items are obtained after the return date of these Combined Demands, they are to be furnished to the undersigned pursuant to these Demands. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information and/or documents, a motion will be made for the appropriate relief to the Court. Dated: New York, New York August 22, 2018 Yours, etc., COZEN O'CONNOR By: Kristin A. Keehan, Èsq. 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 16* 45 Broadway, Floor New York, NY 10006 (212) 509-9400 5 LEGAL\37875806\l 5 of 6 FILED: NEW YORK COUNTY CLERK 08/22/2018 02:20 PM INDEX NO. 151104/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 08/22/2018 TO: Fullerton Beck, LLP Attorneys for Third-Party Defendant Anchor It Inc. One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 (Via ECF and Overnight Mail) Gallo Vitucci Klar LLP Attorneys for Third-Party Defendant Expedition Contracting Corp. 12* 90 Broad Street, Fl. New York, New York 10004 (212) 683-7100 (Via ECF and Overnight Mail) Matalon Shweky Elman PLLC Attorneys for Plaintiff 9''' Colt 93 North Street LLC 33rd 450 Seventh Avenue, New York, New York 10123 (212) 244-9000 6 LEGAL\37875806\1 6 of 6