Exhibit,Appendix: Tower Insurance Company A/S/O 838 Jefferson Realty Llc v. Consolidated Edison Company Of New York, Inc.

On February 02, 2018 a Exhibit,Appendix was filed involving a dispute between Tower Insurance Company A S O 838 Jefferson Realty Llc, and Consolidated Edison Company Of New York, Inc., for Torts - Other (PROPERTY DAMAGE) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 05/15/2023 04:05 PM INDEX NO. 151071/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/15/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
——————————————————————X
TOWER INSURANCE COMPANY OF NEW YORK
a/s/o 838 Jefferson Realty, LLC and other interested insureds
under the applicable policy of insurance,
Index No.: 151243/2018
Plaintiff,
PLAINTIFF’S COMBINED
-against- DEMANDS

CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC., and CONSOLIDATED
EDISON, INC.,

Defendants.
——————————————————————X
To the above-named Defendant(s):

PLEASE TAKE NOTICE that Plaintiff TOWER INSURANCE COMPANY OF NEW

YORK a/s/o Jefferson Realty, LLC and other interested insureds under the applicable policy of

insurance, hereby set forth the following Combined Demands that Defendants CONSOLIDATED

EDISON COMPANY OF NEW YORK, INC., and CONSOLIDATED EDISON, INC.,

(hereinafter, collectively “Defendants”) should respond to in accordance to the time set forth in

the NY CPLR:

INSTRUCTIONS

1. If any demand is deemed to call for the production of privileged or work- product

materials, and such privilege or work product is asserted, identify in writing each document so

withheld and provide the following information:

(a) the reasons for withholding the document;
(b) A statement of the basis for the claim of privilege, work-product or other ground of
non-disclosure;
(c) A brief description of the document, including;
(i) the date of the document;
(ii) the number of pages, attachments and appendices;
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(iii) the names of its author(s) prepare (s) and an identification by employment
and title of each such person;
(iv) the name of each person who was sent, shown, or blind or carbon- copied
the document, or has had access or custody to the document, together with
an identification of each such "person".
(v) the present custodian
(vi) the subject matter of the document, and in exchange of any document
relating or referring to a meeting or conversation, identification of such
meeting or conversation.

2. With respect to any responsive document which was formerly in your possession,

custody or control, and has been lost or destroyed, state:

(a) the type of document;
(b) the subject matter and contents of the document;
(c) the author of the document;
(d) Each person to whom the original or a copy of the document was sent;
(e) the date on which the document was prepared or transmitted;
(f) the date on which the document was lost or destroyed and, if destroyed, the
condition of and reasons for such destruction and the persons demanding and
performing the destruction.

3. This demand shall be deemed continuing so as to require prompt, further and

supplemental production (without further demand by the plaintiff or their attorneys) if you locate

or obtain possession, custody or control of additional responsive documents at any time prior to

trial herein.

4. When producing a document responsive to the demands set forth herein, such

documents should be produced as they are kept in the usual course of business or must be organized

and labeled to correspond to the categories in the demand.

5. Any objections should be stated with specificity as to the part objected to and permit

inspection of the rest of demanded documentation not objected to.

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DEFINITIONS

6. "Communication" means any transmittal of information in the form of facts, ideas,

inquiries or otherwise, and includes, but is not limited to, oral statements, telephone, conversations,

negotiations, conferences and meetings, whether formal or informal.

7. “Premises” shall refer to the building located at 838 Jefferson Avenue, Brooklyn,

New York 11221.

7. "Person" means any natural person or any business, legal or governmental entity or

association.

8. The term "project" shall refer to the design, planning, inspection, surveying,

excavation, preparation and/or construction which was underway on and prior to February 18,

2015 at or near 838 Jefferson Avenue, Brooklyn, New York 11221, which is described in plaintiffs

Complaint.

9. The term "Plaintiff" shall refer to TOWER INSURANCE COMPANY as subrogee

of 838 Jefferson Realty, LLC, and other interested insureds under the policies of insurance.

10. The term "Defendants" shall equally refer to all defendants as listed in the caption

above and their principals, agents, servants and/or employees.

11. The phrase "subject incident" shall refer to the February 18, 2015 fire at or near 838

Jefferson Avenue, Brooklyn, New York 11221, which is described in plaintiffs Complaint.

12. The term “conduit” shall refer to the tube connecting the connecting the premises’

electrical service box to the end box located at 4838 Jefferson Avenue, Brooklyn, New York

11221, as well as the wires contained therein.

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DEMANDS

1. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES

PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR Article

31, that Defendants forth in writing and under oath, the names and addresses of each person

claimed by any party you represent to be witnesses to any of the following:

A. The subject incident;

B. Any acts or conditions which have been alleged as causing the subject
incident;

C. Any actual notice given to the defendants or claimed to be given to the
defendants as alleged within Plaintiff’s Complaint;

D. The nature and the duration of the conditions which caused the subject
incident;

E. The names and addresses of any person having knowledge of the
acts, notice or conditions substantiating any affirmative defense
asserted by the defendants.

If no such witnesses are known to the defendants, so state in sworn reply to this demand.

The undersigned will object upon trial to the testimony of any witness who is not so identified.

2. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A
PARTY REPRESENTED BY THE UNDERSIGNED

PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands the

defendants produce, pursuant to CPLR § 3101 (3), any statement made any party represented by

the undersigned relative to the subject incident.

3. DEMAND FOR INSURANCE COVERAGE

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR

§3101 (f), that you produce and permit Plaintiff to inspect and to copy the contents of any insurance

agreement under which any person carrying on an insurance business may be liable to satisfy part

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or all of the judgment which may be entered against the defendants in this action which will

indemnify or reimburse for payments made to satisfy the judgment which be entered herein,

including but not limited to access any additional coverage.

4. DEMAND FOR ACCIDENT REPORTS

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR

§3101(g), that you produce and allow the plaintiff to inspect in a written report concerning the

accident which is the subject matter in this lawsuit prepared in the regular course of business

operations a practice of any person, firm, corporation, association or other public or private entity.

5. DEMAND FOR PHOTOGRAPHS

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR

Article 31, that you produce any and all photographs, if any, of the project, the scene of the subject

incident, or the damages sustained by Plaintiff’s insured arising therefrom. If no such photographs

are in the possession, custody or control of the defendants, so state in a sworn reply to this demand.

6. DEMAND FOR VIDEOTAPES, SURVEILLANCE TAPES, PHOTOGRAPHS OR
RECORDINGS MADE OF THE PLAINTIFF

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR

Article 31, that you produce any and all videotapes, surveillance tapes, photographs or recording

made of Plaintiff’s Insured’s property. If no such videotapes, surveillance tapes, photographs or

recording are in the possession, custody or control of the defendants, so state in a sworn reply to

this demand.

7. DEMAND FOR EXPERT WITNESSES

PLEASE TAKE NOTICE, that pursuant to Rule 3101(d) of the Civil Practice Law and

Rules, the undersigned hereby demands that Defendants produce, or serve the undersigned with a

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written response, within twenty (20) days after service of this demand, at the law offices of SHEPS

LAW GROUP, 25 High Street, Huntington, New York 11743, containing the following:

1. Identify each person the party upon whom this demand is being served expects
to call as an expert witness at the trial of this action.

(a) Set forth the subject matter in reasonable detail on which each expert
named above is expected to testify at the trial of this action;

(b) Set forth the substance of the facts and opinions on which each expert
named above is expected to testify at the trial of this action;

(d) Set forth a summary of the grounds for each expert’s opinion.

PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and should any

of the information demanded become known to Defendants, it should be provided to the

undersigned in a timely manner.

Dated: Huntington, New York
August 21, 2018

SHEPS LAW GROUP, P.C.

________________________________
ROBERT C. SHEPS, ESQ.
Attorneys for Plaintiff
25 High Street
Huntington, New York 11743
(631) 249-5600
Our File No.: 7803

TO: Nadine Rivellese, Esq.
Consolidated Edison Company
Defendant
4 Irving Place
New York, New York 10003

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FILED: NEW YORK COUNTY CLERK 05/15/2023 04:05 PM INDEX NO. 151071/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 05/15/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------X
TOWER INSURANCE COMPANY OF NEW YORK
a/s/o 838 Jefferson Realty, LLC and other interested insureds
under the applicable policy of insurance,
Index No.: 151243/2018
Plaintiff,
PLAINTIFF’S NOTICE
FOR DISCOVERY
-against- AND INSPECTION

CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC., and CONSOLIDATED
EDISON, INC.,

Defendants.
-----------------------------------------------------------------------x
To the Above-Named Defendants:

Plaintiff TOWER INSURANCE COMPANY OF NEW YORK a/s/o 838 Jefferson

Realty, LLC and other interested insureds under the applicable policy of insurance, makes

demand upon the Defendants to produce the following documents and things within their

custody, possession, or control at the offices of the undersigned, in accordance with the New

York Civil Practice Law and Rules:

INSTRUCTIONS
1. If any request is deemed to call for the production of privileged or work- product

materials, and such privilege or work product is asserted, identify in writing each document so

withheld and provide the following information:

(iii) the names of its author(s), prepare (s) and an identification by employment
and title of each such person;
(iv) the name of each person who was sent, shown, or blind or carbon- copied
the document, or has had access or custody to the document, together with
an identification of each such "person".
(v) the present custodian
(vi) the subject matter of the document, and in exchange of any document
relating or referring to a meeting or conversation, identification of such
meeting or conversation.
2. With respect to any responsive document which was formerly in your possession,

custody or control, and has been lost or destroyed, state:

supplemental production (without further request by the plaintiff or their attorneys) if you locate

or obtain possession, custody or control of additional responsive documents at any time prior to

trial herein.

4. When producing a document responsive to the requests set forth herein, such

documents should be produced as they are kept in the usual course of business or must be organized

and labeled to correspond to the categories in the request.

5. Any objections should be stated with specificity as to the part objected to and permit

inspection of the rest of requested documentation not objected to.