Preview
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
td
Exhibit B
INDEX NO. 158327/2013
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
FABIANI COHEN & HALL, LLP
ATTORNEYS AT LAW
570 LEXINGTON AVENUE
NEW YORK, NEW YORK 10022
—
(212) 644-4420
FAX (212) 207-8162
SECOND NOTICE
May 11, 2017
Vigorito, Barker, Porter & Patterson, LLP
115 E. Stevens Avenue, Suite 206
Valhalla, New York 10595
Attention: Eileen Fullerton, Esq.
Re: McGonigal, Kevin v. NYY Steak Manhattan, LLC et al.
Our File No. 731.37312
Dear Ms. Fullerton:
Our records indicate that on June 15, 2016, defendants served the enclosed Notice for
Discovery and Inspection for which we have yet to receive a response.
Please be advised that this letter constitutes a good faith effort to resolve outstanding
discovery. Please provide the requested discovery within 20 days of the date of this letter to
avoid unnecessary motion practice, Thank you for your prompt attention to this matter.
Very truly yours,
FABIANI COHEN & HALL, LLP
Pilih dashed
Patrick Aurilia
PA/ap
Enclosure: Notice for Discovery & Inspection dated June 15, 2016
cc; Sacks and Sacks, LLP
150 Broadway, 4th Floor
New York, New York 10038
Law Offices of Charles J. Siegel
125 Broad Street, 7th Floor
New York, New York 10004
1087037
INDEX NO. 158327/2013
(FILED: NEW YORK COUNTY CLERK 0972772017 10:54 AM
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
Vigorito, Barker, Porter & Patterson, LLP
Attention: Eileen Fullerton, Esq.
May 11, 2017
Page2 of 2
Milber Makris Plousadis & Seiden LLP
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
Smith Mazure Director Wilkins Young & Yagerman, P.C.
111 John Street
New York, New York 10038
[1087037/1] 1087037
INDEX NO. 158327/2013
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
PM) INDEX NO, 158327/2013
(FILED: NEW YORK COUNTY CLERK 06/15/2016 04:46
NYSCEF DOC, NO. 152 RECEIVED NYSCEF: 06/15/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
sevnnewwennnnnnnceeenneneneeneenenmenanneennenne,
KEVIN McGONIGAL,
Plaintiff,
-against-
Index No.: 158327/13
NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION
CORP, and BARING INDUSTRIES, INC.,
Defendants.
nes teeencueeanenegenneneenne:
PLAZA CONSTRUCTION CORP.,
Defendant/Third-Party Plaintiff NOTICE FOR DISCOVERY
-against- & INSPECTION
BARING INDUSTRIES, INC.,
Third-Party Defendant.
= wenannnnnnenneeersencenensesenee”)
BARING INDUSTRIES, INC,,
Second Third-Party Plaintiff,
Third-Party Index No.
-against-
595146/14
DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP.,
Second Thi ‘d-Party Defendants.
weneeeeene cence neneeeene renee rnnennenmne nnn poe anaes eX
ON
NYY STEAK MANHATTAN, LLC, & PLAZA CONSTRUCTI
LLC f/k/a PLAZA CONST RUCTI ON CORP.,
Third Third-Party Plaintiffs, Second Third Party
Index No.
-against-
B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC, and BARING
INDUSTRIES, INC.,
Third Third-Party defendants.
= aeaenennnenennennnnnwnnecersncnennnnesanemmneeennn,
nt
PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, third-third-party defenda
CONTRACTORS, | third-third-party defendant ESS & VEE
B&G ELECTRICAL
780224
lof 4
INDEX NO. 158327/2013
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
ACOUSTICAL CONTRACTORS, INC, third-party defendant/second _ third-party
defendant BARING INDUSTRIES, INC. and second third-party
plaintiff/third-third-party
defendant DAY & NITE REFRIGERATION CORP. and second third-party defendant KIMCO
CORP, are hereby required to produce and permit discovery by the
REFRIGERATION
discovery, inspection
undersigned of the following documents and information for the purpose of
COHEN & HALL, 570 Lexington Avenue, 4h
and/or reproduction at the office of FABIANI
Floor, New York, New York, within twenty (20) days of receipt thereof:
including
1) Certified copies of the primary and excess/umbrella insurance policies
cancellations, face sheets
declaration sheets, riders, limitations, endorsements, amendments,
defendant Baring
and/or binders, certificates of insurance, etc., issued to defendant/third-party
s is obligated to defend this
Industries, under which any person carrying on an insurance busines
may be entered in this action
action and may be liable to satisfy part or all of a judgment which
nt,
or to indemnify or reimburse for payments made to satisfy the judgme
including
2) Certified copies of the primary and excess/umbrella insurance policies
limitations, endorsements, amendments, cancellations, face sheets
declaration sheets, riders,
and/or binders, certificates of insurance, etc., issued to defendant/third-party defendant Day &
s is obligated to defend
Nite/Kimco, under which any person carrying on an insurance busines
entered in this
this action and may be liable to satisfy part or all of a judgment which may be
judgment.
action or to indemnify or reimburse for payments made to satisfy the
including
3) Certified copies of the primary and excess/umbrella insurance policies
declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets
and/or binders, certificates of insurance, etc., issued to defendant/third-party defendant Ess &
business is obligated to defend
Vee Acoustical, under which any person carrying on an insurance
2
(1029866/1)
2 of 4
INDEX NO. 158327/2013
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017
this action and may be liable to satisfy part or all of a judgment which may be entered in this
action or to indemnify or reimburse for payments made to satisfy the judgment.
g
4) Certified copies of the primary and excess/umbrella insurance policies includin
riders, limitations, endorsements, amendments, cancellations, face sheets
declaration sheets,
and/or binders, certificates of insurance, etce., issued to defendant/third-party defendant B&G
ated to defend this
Electrical, under which any person carrying on an insurance business is oblig
in this action
action and may be liable to satisfy part or all of a judgment which may be entered
or to indemnify or reimburse for payments made to satisfy the judgment.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall
ion of the interests of our
make such motions at or prior to trial as are required for the protect
from offering any evidence with
client, including the dismissal of this action or the preclusion
respect to the documents mentioned in this demand,
Dated: New York, New York
June 1G 2016
Yours, etc.,
FABIANI COHEN & I
\ ao \
Kenneth J. Kutner —
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC and
Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION, LLC f/k/a PLAZA
CONSTRUCTION CORP.
570 Lexington Avenue, 4th Floor
New York, New York 10022
Tel No,: (212) 644-4420
[1029866/1]
3 of 4
(FILED: NEW YORK COUNTY CLERK 09/27/2017 10:54 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 181 RECEIVED NYSCEF 09/27/2017
TO
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attn: David A, LoRe
Attorneys for Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP,
and K.LM, CO, REFRIGERATION CORP.
s/hla KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
LAW OFFICES OF CHARLES J, SIEGEL
Attorneys for Defendant/Third-Party Defendant/
Second Third-Party Plaintiff/ Third-Third-Party Defendant
BARING INDUSTRIES, INC.
125 Broad Street — 7" Floor
New York, New York 10004
Attention: Nikolas E. Diamantis, Esq.
KAUFMAN BORGEEST & RYAN
Attorneys for Third-Third-Party Defendant
B& G ELECTRICAL CONTRACTORS
200 Summit Lake Drive-1* Floor
Valhalla, New York 10595
SMITH MAZXURE DIRECVTOR WILKINS YOUNG
& YAGERMAN, P.C.
Attorneys for Third-Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New York, New York 10038
SACKS AND SACKS, LLP
Attorneys for Plaintitf
KEVIN McGONIGAL
150 Broadway - 4" Floor
New York, New York 10038
(1029866/1]
4 of 4
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NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 td Exhibit B INDEX NO. 158327/2013 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 FABIANI COHEN & HALL, LLP ATTORNEYS AT LAW 570 LEXINGTON AVENUE NEW YORK, NEW YORK 10022 — (212) 644-4420 FAX (212) 207-8162 SECOND NOTICE May 11, 2017 Vigorito, Barker, Porter & Patterson, LLP 115 E. Stevens Avenue, Suite 206 Valhalla, New York 10595 Attention: Eileen Fullerton, Esq. Re: McGonigal, Kevin v. NYY Steak Manhattan, LLC et al. Our File No. 731.37312 Dear Ms. Fullerton: Our records indicate that on June 15, 2016, defendants served the enclosed Notice for Discovery and Inspection for which we have yet to receive a response. Please be advised that this letter constitutes a good faith effort to resolve outstanding discovery. Please provide the requested discovery within 20 days of the date of this letter to avoid unnecessary motion practice, Thank you for your prompt attention to this matter. Very truly yours, FABIANI COHEN & HALL, LLP Pilih dashed Patrick Aurilia PA/ap Enclosure: Notice for Discovery & Inspection dated June 15, 2016 cc; Sacks and Sacks, LLP 150 Broadway, 4th Floor New York, New York 10038 Law Offices of Charles J. Siegel 125 Broad Street, 7th Floor New York, New York 10004 1087037 INDEX NO. 158327/2013 (FILED: NEW YORK COUNTY CLERK 0972772017 10:54 AM NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 Vigorito, Barker, Porter & Patterson, LLP Attention: Eileen Fullerton, Esq. May 11, 2017 Page2 of 2 Milber Makris Plousadis & Seiden LLP 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 Smith Mazure Director Wilkins Young & Yagerman, P.C. 111 John Street New York, New York 10038 [1087037/1] 1087037 INDEX NO. 158327/2013 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 PM) INDEX NO, 158327/2013 (FILED: NEW YORK COUNTY CLERK 06/15/2016 04:46 NYSCEF DOC, NO. 152 RECEIVED NYSCEF: 06/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK sevnnewwennnnnnnceeenneneneeneenenmenanneennenne, KEVIN McGONIGAL, Plaintiff, -against- Index No.: 158327/13 NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP, and BARING INDUSTRIES, INC., Defendants. nes teeencueeanenegenneneenne: PLAZA CONSTRUCTION CORP., Defendant/Third-Party Plaintiff NOTICE FOR DISCOVERY -against- & INSPECTION BARING INDUSTRIES, INC., Third-Party Defendant. = wenannnnnnenneeersencenensesenee”) BARING INDUSTRIES, INC,, Second Third-Party Plaintiff, Third-Party Index No. -against- 595146/14 DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., Second Thi ‘d-Party Defendants. weneeeeene cence neneeeene renee rnnennenmne nnn poe anaes eX ON NYY STEAK MANHATTAN, LLC, & PLAZA CONSTRUCTI LLC f/k/a PLAZA CONST RUCTI ON CORP., Third Third-Party Plaintiffs, Second Third Party Index No. -against- B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC, and BARING INDUSTRIES, INC., Third Third-Party defendants. = aeaenennnenennennnnnwnnecersncnennnnesanemmneeennn, nt PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, third-third-party defenda CONTRACTORS, | third-third-party defendant ESS & VEE B&G ELECTRICAL 780224 lof 4 INDEX NO. 158327/2013 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 ACOUSTICAL CONTRACTORS, INC, third-party defendant/second _ third-party defendant BARING INDUSTRIES, INC. and second third-party plaintiff/third-third-party defendant DAY & NITE REFRIGERATION CORP. and second third-party defendant KIMCO CORP, are hereby required to produce and permit discovery by the REFRIGERATION discovery, inspection undersigned of the following documents and information for the purpose of COHEN & HALL, 570 Lexington Avenue, 4h and/or reproduction at the office of FABIANI Floor, New York, New York, within twenty (20) days of receipt thereof: including 1) Certified copies of the primary and excess/umbrella insurance policies cancellations, face sheets declaration sheets, riders, limitations, endorsements, amendments, defendant Baring and/or binders, certificates of insurance, etc., issued to defendant/third-party s is obligated to defend this Industries, under which any person carrying on an insurance busines may be entered in this action action and may be liable to satisfy part or all of a judgment which nt, or to indemnify or reimburse for payments made to satisfy the judgme including 2) Certified copies of the primary and excess/umbrella insurance policies limitations, endorsements, amendments, cancellations, face sheets declaration sheets, riders, and/or binders, certificates of insurance, etc., issued to defendant/third-party defendant Day & s is obligated to defend Nite/Kimco, under which any person carrying on an insurance busines entered in this this action and may be liable to satisfy part or all of a judgment which may be judgment. action or to indemnify or reimburse for payments made to satisfy the including 3) Certified copies of the primary and excess/umbrella insurance policies declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, certificates of insurance, etc., issued to defendant/third-party defendant Ess & business is obligated to defend Vee Acoustical, under which any person carrying on an insurance 2 (1029866/1) 2 of 4 INDEX NO. 158327/2013 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 09/27/2017 this action and may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. g 4) Certified copies of the primary and excess/umbrella insurance policies includin riders, limitations, endorsements, amendments, cancellations, face sheets declaration sheets, and/or binders, certificates of insurance, etce., issued to defendant/third-party defendant B&G ated to defend this Electrical, under which any person carrying on an insurance business is oblig in this action action and may be liable to satisfy part or all of a judgment which may be entered or to indemnify or reimburse for payments made to satisfy the judgment. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall ion of the interests of our make such motions at or prior to trial as are required for the protect from offering any evidence with client, including the dismissal of this action or the preclusion respect to the documents mentioned in this demand, Dated: New York, New York June 1G 2016 Yours, etc., FABIANI COHEN & I \ ao \ Kenneth J. Kutner — Attorneys for Defendant NYY STEAK MANHATTAN, LLC and Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4th Floor New York, New York 10022 Tel No,: (212) 644-4420 [1029866/1] 3 of 4 (FILED: NEW YORK COUNTY CLERK 09/27/2017 10:54 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 181 RECEIVED NYSCEF 09/27/2017 TO MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attn: David A, LoRe Attorneys for Second Third-Party Defendants DAY & NITE REFRIGERATION CORP, and K.LM, CO, REFRIGERATION CORP. s/hla KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 LAW OFFICES OF CHARLES J, SIEGEL Attorneys for Defendant/Third-Party Defendant/ Second Third-Party Plaintiff/ Third-Third-Party Defendant BARING INDUSTRIES, INC. 125 Broad Street — 7" Floor New York, New York 10004 Attention: Nikolas E. Diamantis, Esq. KAUFMAN BORGEEST & RYAN Attorneys for Third-Third-Party Defendant B& G ELECTRICAL CONTRACTORS 200 Summit Lake Drive-1* Floor Valhalla, New York 10595 SMITH MAZXURE DIRECVTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Third-Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New York, New York 10038 SACKS AND SACKS, LLP Attorneys for Plaintitf KEVIN McGONIGAL 150 Broadway - 4" Floor New York, New York 10038 (1029866/1] 4 of 4