Preview
) NEW 0 OUN INDEX NO. 158327/2013
NYSCEF BOC. NO. 245 RECEIVED NYSCEF: 02/08/2019
EXHIBIT “D”
EXHIBIT “D”
INDEX NO. 158327/2013
(FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
mene
nnn enna nen nee nen neem
nn nnn nnn nnnnnnmnnnennn K
KEVIN McGONIGAL,
Index No.: 158327/13
Plaintiff,
-against- DEMAND FOR
AUTHORIZATION
NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION (Workers’ Compensation
CORP. and BARING INDUSTRIES, INC., Board/12/23/09 accident)
Defendants.
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff, Third-Party Index No.:
595146/14
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
aaan men en mennennnanmnnemnmmenepemmmn
BARING INDUSTRIES, INC.,
Second Third-Party Plaintiff, Second Third-Party Index No.:
595130/15
-against-
DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP.,
Second Third-Party Defendants.
i a acca RUT. x
NYY STEAKMANHATTAN, LLC & PLAZA CONSTRUCTION
LLC f/k/a PLAZA CONSTRUCTION CORP.,
Third Third-Party Plaintiff, Third Third-Party Index No.:
595638/15
-against-
B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and BARING
INDUSTRIES, INC.,
Third Third-Party Defendants
ete nares insane ne Rien SU CREE! x
INDEX NO. 158327/2013
FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019
PLEASE TAKE NOTICE, that second third-party defendants, DAY & NITE
REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., hereby demand that, in
accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules,
the plaintiff, KEVIN McGONIGAL, provides, within twenty (20) days, the following:
1 Duly executed and unrestricted HIPAA-compliant authorization to obtain records
from the Workers’ Compensation Board regarding the plaintiff’s December 23, 2009 work-
related injury/accident.
PLEASE TAKE NOTICE, that PLEASE TAKE NOTICE, that the second third-party
defendants, DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP.
reserve their right to supplement, amend and/or modify this demand up to and including the time
of trial.
PLEASE TAKE FURTHER NOTICE that in the event you fail to comply, we will make
such motions at or prior to trial as are required for the protection of the interest of our client
including dismissal of this action or the preclusion from offering any evidence with respect to
which responses by plaintiff have not been given.
0 OOOo000000O000D New York
October 31, 2018
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
By: YA WC
DAVID A. LORE
Attorneys for Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP.
and KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury, New York 11797
(516) 712-4000
File No.: 532-11347
2
INDEX NO. 158327/2013
FILED: NEW YORK COUNTY CLERK 02708/2019 02:48 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019
TO: SACKS AND SACKS, LLP
Attorneys for Plaintiff
150 Broadway, 4" Floor
New York, New York 10038
(212) 964-5570
Nikolas E. Diamantis, Esq.
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Defendant/Third-Party Defendant/
Second Third-Party Plaintiff
BARING INDUSTRIES, INC.
125 Broad Street, 7 Floor
New York, New York 10004
(212) 440-2350
Patrick Aurilia, Esq.
FABIANI COHEN & HALL, LLP
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC and
Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION, LLC f/k/a
PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4" Floor
New York, New York 10022
(212) 644-4420
File No. 731-557
Eileen Fullerton, Esq.
VIGORITO, BARKER, PORTER & PATTERSON, LLP
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
115 Stevens Avenue, 2"4 Floor
Valhalla, New York 10595
(914) 495-4805
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Third Third-Party Defendant
ESS & VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New York, New York 10038
(212) 964-7400
File No.: AWA-00112
INDEX NO. 158327/2013
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.
COUNTY OF NASSAU )
LAURA L. NORMANDIN, being duly sworn, deposes and says, that deponent is not a party to
the action, is over 18 years of age and resides in Suffolk County, New York.
That on the 31% day of October, 2018, deponent served the within DEMAND FOR
AUTHORIZATIONS (WCB 12/23/09 ACCIDENT) upon:
Nikolas E. Diamantis, Esq. SACKS AND SACKS, LLP
LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Plaintiff
Attorneys for Defendant/Third-Party Defendant/ 150 Broadway, 4" Floor
Second Third-Party Plaintiff New York, NY 10038
BARING INDUSTRIES, INC.
125 Broad Street, 7" Floor
New York, NY 10004
Kenneth J. Kutner Susan A. Scaria, Esq.
FABIANI COHEN & HALL, LLP VIGORITO, BARKER, PORTER
Attorneys for Defendant & PATTERSON, LLP
NYY STEAK MANHATTAN, LLC and Attorneys for Third Third-Party Defendant
Defendant/Third-Party Plaintiff B&G ELECTRICAL CONTRACTORS
PLAZA CONSTRUCTION, LLC ffk/a 115 Stevens Avenue, 2™ Floor
PLAZA CONSTRUCTION CORP. Valhalla, NY 10595
570 Lexington Avenue, 4" Floor
New York, NY 10022
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Third Third-Party Defendant
ESS & VEE ACOUSTICAL
CONTRACTORS, INC.
111 John Street
New York, NY 10038
the attorney(s) for the respective parties in this action, at the above address(es) designated by said
attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed wrapper, in an
official depository under the exclusive care and custody of the United States Post Office within the State
of New York.
Lipo rt.
LAURA L. NORMANDIN
Sworn to before me this
31% day of October, 2018
Ofen IN
/ Notary Public
JEAN M. ALIBFPTO
Notary f ublic, State of New York
lo. O1AL604: 7
Qualified in Suffolk County
Commission Expires October 23, 20.92
Preview
) NEW 0 OUN INDEX NO. 158327/2013 NYSCEF BOC. NO. 245 RECEIVED NYSCEF: 02/08/2019 EXHIBIT “D” EXHIBIT “D” INDEX NO. 158327/2013 (FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK mene nnn enna nen nee nen neem nn nnn nnn nnnnnnmnnnennn K KEVIN McGONIGAL, Index No.: 158327/13 Plaintiff, -against- DEMAND FOR AUTHORIZATION NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION (Workers’ Compensation CORP. and BARING INDUSTRIES, INC., Board/12/23/09 accident) Defendants. PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, Third-Party Index No.: 595146/14 -against- BARING INDUSTRIES, INC., Third-Party Defendant. aaan men en mennennnanmnnemnmmenepemmmn BARING INDUSTRIES, INC., Second Third-Party Plaintiff, Second Third-Party Index No.: 595130/15 -against- DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., Second Third-Party Defendants. i a acca RUT. x NYY STEAKMANHATTAN, LLC & PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., Third Third-Party Plaintiff, Third Third-Party Index No.: 595638/15 -against- B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., Third Third-Party Defendants ete nares insane ne Rien SU CREE! x INDEX NO. 158327/2013 FILED: NEW YORK COUNTY CLERK 02/08/2019 02:48 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019 PLEASE TAKE NOTICE, that second third-party defendants, DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., hereby demand that, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, the plaintiff, KEVIN McGONIGAL, provides, within twenty (20) days, the following: 1 Duly executed and unrestricted HIPAA-compliant authorization to obtain records from the Workers’ Compensation Board regarding the plaintiff’s December 23, 2009 work- related injury/accident. PLEASE TAKE NOTICE, that PLEASE TAKE NOTICE, that the second third-party defendants, DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP. reserve their right to supplement, amend and/or modify this demand up to and including the time of trial. PLEASE TAKE FURTHER NOTICE that in the event you fail to comply, we will make such motions at or prior to trial as are required for the protection of the interest of our client including dismissal of this action or the preclusion from offering any evidence with respect to which responses by plaintiff have not been given. 0 OOOo000000O000D New York October 31, 2018 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP By: YA WC DAVID A. LORE Attorneys for Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury, New York 11797 (516) 712-4000 File No.: 532-11347 2 INDEX NO. 158327/2013 FILED: NEW YORK COUNTY CLERK 02708/2019 02:48 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019 TO: SACKS AND SACKS, LLP Attorneys for Plaintiff 150 Broadway, 4" Floor New York, New York 10038 (212) 964-5570 Nikolas E. Diamantis, Esq. LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Defendant/Third-Party Defendant/ Second Third-Party Plaintiff BARING INDUSTRIES, INC. 125 Broad Street, 7 Floor New York, New York 10004 (212) 440-2350 Patrick Aurilia, Esq. FABIANI COHEN & HALL, LLP Attorneys for Defendant NYY STEAK MANHATTAN, LLC and Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4" Floor New York, New York 10022 (212) 644-4420 File No. 731-557 Eileen Fullerton, Esq. VIGORITO, BARKER, PORTER & PATTERSON, LLP Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS 115 Stevens Avenue, 2"4 Floor Valhalla, New York 10595 (914) 495-4805 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New York, New York 10038 (212) 964-7400 File No.: AWA-00112 INDEX NO. 158327/2013 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 02/08/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss. COUNTY OF NASSAU ) LAURA L. NORMANDIN, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides in Suffolk County, New York. That on the 31% day of October, 2018, deponent served the within DEMAND FOR AUTHORIZATIONS (WCB 12/23/09 ACCIDENT) upon: Nikolas E. Diamantis, Esq. SACKS AND SACKS, LLP LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Plaintiff Attorneys for Defendant/Third-Party Defendant/ 150 Broadway, 4" Floor Second Third-Party Plaintiff New York, NY 10038 BARING INDUSTRIES, INC. 125 Broad Street, 7" Floor New York, NY 10004 Kenneth J. Kutner Susan A. Scaria, Esq. FABIANI COHEN & HALL, LLP VIGORITO, BARKER, PORTER Attorneys for Defendant & PATTERSON, LLP NYY STEAK MANHATTAN, LLC and Attorneys for Third Third-Party Defendant Defendant/Third-Party Plaintiff B&G ELECTRICAL CONTRACTORS PLAZA CONSTRUCTION, LLC ffk/a 115 Stevens Avenue, 2™ Floor PLAZA CONSTRUCTION CORP. Valhalla, NY 10595 570 Lexington Avenue, 4" Floor New York, NY 10022 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Third Third-Party Defendant ESS & VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New York, NY 10038 the attorney(s) for the respective parties in this action, at the above address(es) designated by said attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. Lipo rt. LAURA L. NORMANDIN Sworn to before me this 31% day of October, 2018 Ofen IN / Notary Public JEAN M. ALIBFPTO Notary f ublic, State of New York lo. O1AL604: 7 Qualified in Suffolk County Commission Expires October 23, 20.92