Preview
FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023
SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRANDA PARRALES, Index No.: 55548/2023
Plaintiff, ANSWER TO PLAINTIFF’S
AMENDED VERIFIED
COMPLAINT
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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Defendant, THE WHITING-TURNER CONTRACTING COMPANY, through its
attorneys, BARRY McTIERNAN & MOORE LLC answering the Amended Verified Complaint
of the plaintiff states as follows:
AS TO THE FIRST CAUSE OF ACTION
FIRST: Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs numbered “1”, “10”, “11”, “12”, “13”, “14”, “15”, “16”,
“17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, ”26”, “27”, “28”, “29”, “30”, “31”, “32”,
“33”, “45”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71”,
“72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”,
“88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”,
“103”, “104”, “105”, “106”, “107”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”,
“116”, “117”, “118”, “119”, “120”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”,
“129”, “130”, “131” and “132” of the Amended Verified Complaint.
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SECOND: Denies each and every allegation contained in paragraphs numbered “2”,
“3”, “4” and “55” of the Amended Verified Complaint.
THIRD: Admits each and every allegation contained in paragraph numbered “5”,
“6”, “7”, “8”, “9”, “52”, “53” and “56” of the Amended Verified Complaint.
FOURTH: Denies each and every allegation contained in paragraphs numbered ”34”,
“35”, “36”, “37”, “38”, “39”, “40”, “42”, “43”, “44”, “47”, “48”, “49” and “57” of the Amended
Verified Complaint and respectfully refer all questions of law to the Trial Court.
FIFTH: Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “41”, “46”, “50”, “51” and “54” of the Amended
Verified Complaint and respectfully refer all questions of law to the Trial Court but admit The
Whiting-Turner Contracting Company was a construction manager for the Broadview Senior
Living Development/Construction Project.
SIXTH: Denies each and every allegation contained in paragraph numbered “133”,
“134”, “135”, “136”, “137”, “138”, “139” and “140” of the Amended Verified Complaint as to
defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as
to other defendants.
AS TO THE SECOND CAUSE OF ACTION
SEVENTH: Answering paragraph numbered “141” of the Amended Verified
Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats,
reiterates and realleges each and every response contained in paragraphs “FIRST” through
“SIXTH” of this Verified Answer.
EIGHTH: Admits each and every allegation contained in paragraph numbered “142”
of the Amended Verified Complaint.
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NINTH: Denies each and every allegation contained in paragraph numbered “143”
of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company;
denies any knowledge or information as to other defendants.
TENTH: Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “144” of the Amended Verified Complaint.
AS TO THE THIRD CAUSE OF ACTION
ELEVENTH: Answering paragraph numbered “145” of the Amended Verified
Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats,
reiterates and realleges each and every response contained in paragraphs “FIRST” through
“TENTH” of this Verified Answer.
TWELFTH: Admits each and every allegation contained in paragraph numbered “146”
of the Amended Verified Complaint.
THIRTEENTH: Denies each and every allegation contained in paragraph “147 of
the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company;
denies any knowledge or information as to other defendants.
FOURTEENTH: Denies any knowledge or information sufficient to form a belief as
to the allegations contained in paragraph numbered “148” of the Amended Verified Complaint.
AS TO THE FOURTH CAUSE OF ACTION
FIFTEENTH: Answering paragraph numbered “149” of the Amended Verified
Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats,
reiterates and realleges each and every response contained in paragraphs “FIRST” through
“FOURTEENTH” of this Verified Answer.
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SIXTEENTH: Admits each and every allegation contained in paragraph numbered “150”
of the Amended Verified Complaint.
SEVENTEENTH: Denies each and every allegation contained in paragraph “151” of
the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company;
denies any knowledge or information as to other defendants.
EIGHTEENTH: Denies any knowledge or information sufficient to form a belief as
to the allegations contained in paragraph numbered “152” of the Amended Verified Complaint.
AS TO THE FIFTH CAUSE OF ACTION
NINETEENTH: Answering paragraph numbered “153” of the Amended Verified
Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats,
reiterates and realleges each and every response contained in paragraphs “FIRST” through
“EIGHTEENTH” of this Verified Answer.
TWENTIETH: Admits each and every allegation contained in paragraph
numbered “154” of the Amended Verified Complaint.
TWENTY-FIRST: Denies each and every allegation contained in paragraph “155” of
the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company;
denies any knowledge or information as to other defendants.
TWENTY-SECOND: Denies any knowledge or information sufficient to form a belief as
to the allegations contained in paragraphs numbered “156”, “157” and “158” of the Amended
Verified Complaint.
TWENTY-THIRD: Denies each and every allegation contained in paragraph “125 of
the Amended Verified Complaint.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
TWENTY-FOURTH: Pursuant to CPLR 1603, this defendant asserts the terms,
provisions, limitations and rights afforded under CPLR 1601 and 1602 and all rights contained
therein.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TWENTY-FIFTH: The personal injuries alleged to have been sustained by the
plaintiff were caused entirely or in part as a result of the culpable conduct attributable to the
plaintiff and the defendant, THE WHITING-TURNER CONTRACTING COMPANY, a
dismissal or reduction in any recovery had by plaintiff in the proportion which the culpable
conduct attributable to the plaintiff bears to the culpable conduct which caused the damages.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TWENTY-SIXTH: That the defendant, THE WHITING-TURNER CONTRACTING
COMPANY, asserts the terms, provisions, limitations and rights contained in §4545(c) of the
CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TWENTY-SEVENTH: Defendant, THE WHITING-TURNER CONTRACTING
COMPANY did not cause or create any alleged defect or condition and therefore this matter
must be dismissed.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TWENTY-EIGHTH: Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, did not have actual or constructive notice of any alleged defect or condition and
therefore this matter must be dismissed.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
TWENTY-NINTH: Defendant, THE WHITING-TURNER CONTRACTING
COMPANY, asserts that the alleged accident occurred due to the negligence of a third-party not
under their direction, control or supervision.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
THIRTIETH: That the Amended Verified Complaint fails to state a cause of action upon
which relief can be granted.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
THIRTY-FIRST: That plaintiff is not entitled to a recovery in whole or in part due
to the failure of said plaintiff to mitigate his damages and defendant, THE WHITING-TURNER
CONTRACTING COMPANY, will seek a dismissal of plaintiff’s suit due to said failure to
mitigate or in the alternative a reduction in any recover to be made by plaintiff due his failure to
mitigate his damages.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
THIRTY-SECOND: That the injuries to the plaintiff, if any, arose out of certain risks,
dangers and hazards, all of which were obvious and well known to the plaintiff at and before the
said injuries and all of said risks, dangers and hazards had been assumed by the plaintiff herein.
AS AND FOR AN TENTH AFFIRMATIVE DEFENSE
THIRTY-THIRD: The plaintiff has failed to join all necessary and indispensable
parties in some or all the causes of action who would be responsible in whole or in part for the
damages alleged.
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AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
THIRTY-FOURTH: In the event that any person or entity liable or claimed to be
liable for the injury alleged in this action has been given or may hereafter be given a release or
covenant not to sue, this defendant is or will be entitled to protection under General Obligations
Law §15-108 and the corresponding reduction of any damages which may be determined to be
due against this defendant.
AS AND FOR A FIRST CROSS-CLAIM AGAINST THE
CO-DEFENDANT BLUEPRINT PARTNERS CORP.:
THIRTY-FIFTH: That if the plaintiff recovers against the defendant, THE
WHITING-TURNER CONTRACTING COMPANY, said defendant seeks a recovery from the
co-defendant, BLUEPRINT PARTNERS CORP., predicated on the grounds that said co-
defendant contributed in whole or in part to the alleged incident and damages sued upon herein
and as such are to be deemed responsible in whole or in part to said defendant, as a result of that
wrongful conduct.
AS AND FOR A SECOND CROSS-CLAIM AGAINST THE
CO-DEFENDANT BLUEPRINT PARTNERS CORP.:
THIRTY-SIXTH: That if the plaintiff was caused to sustain damages at the time and
place set forth in the Amended Verified Complaint and in the manner alleged therein through
any carelessness, recklessness, acts omissions, negligence and/or breaches of duty and/or
warranty and/or contract other than plaintiff’s, then said damages arose out of the carelessness,
recklessness, acts, omissions, negligence and breaches of duty and/or obligation, and/or statute,
and/or warranty, and/or contract in fact or implied in law, upon the part of the co-defendant,
BLUEPRINT PARTNERS CORP., with indemnification and save harmless agreement and/or
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responsibility by them in fact and/or implied in law, and without any breaches or any negligence
of the defendant, THE WHITING-TURNER CONTRACTING COMPANY, contributing
thereto, and if said defendant is found negligent as to the plaintiff for the damages as set forth in
the Amended Verified Complaint, then and in that event said co-defendant will be liable over to
the defendant, THE WHITING-TURNER CONTRACTING COMPANY, and bound to fully
indemnify and hold the said defendant harmless for the full amount of any verdict or judgment
that the plaintiff herein may recover against the defendant, THE WHITING-TURNER
CONTRACTING COMPANY, including all costs, investigations, disbursements, expenses and
attorney’s fees incurred in the defense of this action and in the litigation of the cross-claim.
AS AND FOR A THIRD CROSS-CLAIM AGAINST THE
CO-DEFENDANT BLUEPRINT PARTNERS CORP.:
THIRTY-SEVENTH: That pursuant to contract the co-defendant, BLUEPRINT
PARTNERS CORP., agreed to indemnify, defend and insure the defendant, THE WHITING-
TURNER CONTRACTING COMPANY, as against the type and subject loss and claim as sued
upon herein.
THIRTY-EIGHTH: That said co-defendant’s refusal to indemnify, defend and insure
herein constitutes a material breach of contract resulting in damage to the defendant, THE
WHITING-TURNER CONTRACTING COMPANY, including defense and legal costs and the
amount of any judgment rendered herein.
THIRTY-NINTH: Based thereon, the defendant, THE WHITING-TURNER
CONTRACTING COMPANY, seek and demand the payment of all such damages resulting
from said co-defendant’s breach of contract.
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AS AND FOR A FOURTH CROSS-CLAIM AGAINST THE
CO-DEFENDANT BLUEPRINT PARTNERS CORP.:
FORTIETH: That, in addition, and pursuant to said contract, said co-defendant,
BLUEPRINT PARTNERS CORP., agreed to purchase and maintain insurance naming the
defendant THE WHITING-TURNER CONTRACTING COMPANY as primary and additional
insureds.
FORTY-FIRST: That said co-defendant’s refusal to indemnify, defend and insure herein
constitutes a material breach of contract resulting in damage to the defendant, THE WHITING-
TURNER CONTRACTING COMPANY, including defense and legal costs and the amount of
any judgment rendered herein.
FORTY-SECOND: That, based thereon, the defendant, THE WHITING-TURNER
CONTRACTING COMPANY, are entitled to a defense and indemnification as against
plaintiffs’ claims herein pursuant to said agreement, and as permitted under the law.
WHEREFORE, defendant, THE WHITING-TURNER CONTRACTING COMPANY
demands judgment dismissing the Amended Verified Complaint of the plaintiff herein as to said
defendant, together with the costs, fees, and disbursements of this action, and further demands,
pursuant to Section 3019(b) of the CPLR, that the ultimate rights of said defendant as between
themselves be determined in this action; and that defendant, THE WHITING-TURNER
CONTRACTING COMPANY has judgment over and against the co-defendant, BLUEPRINT
PARTNERS CORP., for the amount of any verdict or judgment which shall or may be recovered
against the defendant, THE WHITING-TURNER CONTRACTING COMPANY by the plaintiff
in this action, together with the all costs, disbursements, costs of investigation, expenses and
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attorneys’ fees incurred in the defense of this action and in the conduct of the cross-claims
herein.
Dated: New York, New York
April 13, 2023
Yours etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
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VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
ALEX R. MALINO, being duly sworn, deposes and says: That he is an attorney at law,
and a member of the firm of BARRY McTIERNAN & MOORE LLC, attorneys for the
defendant, THE WHITING-TURNER CONTRACTING COMPANY and having an office at
101 Greenwich Street, 14th Floor, New York, New York, 10006.
That he has read and knows the contents of the foregoing Verified Answer to the
Amended Verified Complaint and that the same is true to his knowledge. Deponent further says
that the sources of his information and the grounds of his belief as to all matters therein not
stated upon his knowledge are based on materials, investigation, reports and documents
contained in the file as maintained in deponent's office.
__________________
ALEX R. MALINO
Sworn to before me this
25th day of April 2023
NOTARY PUBLIC
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SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON ORAL
- against- EXAMINATION
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR the testimony upon
oral examination of all parties, as adverse party and witness will be taken before a Notary Public
who is not an attorney, or employee of an attorney, for any party of prospective party herein and
is not a person who would be disqualified to act as a juror because of interest or because of
consanguinity or affinity to any party herein, at the offices of Barry McTiernan & Moore located
at 101 Greenwich Street, New York, New York, on the 22nd day of June 2023 at 10:00 a.m. of
that day with respect to evidence and material necessary in the prosecution defense of this action:
All of the relevant facts and circumstances in connection with the accident which
occurred on the 16th day of November, 2022 in the County of Westchester, State of New York,
including negligence, contributory negligence, liability and damages.
Said persons to be examined are required to produce at such examination the following:
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Any and all papers, books, and documents relating to this litigation.
Dated: New York, New York
April 13, 2023
Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, DEMAND FOR BILL OF
PARTICULARS
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, in accordance with Article 31 and Rules 3042 and 3043 of the
CPLR, the plaintiff is hereby required to serve upon the undersigned a Bill of Particulars setting
forth, in detail, the following particulars demanded:
1. Date of birth, address and Social Security number of plaintiff.
2. State the present residence address of plaintiff.
3. State the date and approximate time of day of the occurrence.
4. Describe the approximate location of the happening of the occurrence in sufficient
detail so as to permit accurate identification.
5. Describe in general the acts or omissions constituting the negligence claimed.
6. State whether actual or constructive notice is claimed.
7. If actual notice is claimed, then set forth the following:
(a) state the names of the agents and/or servants of the defendant to whom it
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will be alleged said actual notice was given.
(b) state by whom it will be claimed that said actual notice was given on each
occasion aforesaid.
(c) state the date or dates of each said notice aforesaid.
8. State whether constructive notice is claimed, and, if so, state the length and time
said condition is alleged to have existed prior to the happening of the alleged occurrence.
9. State the injuries alleged.
10. Describe those injuries claimed to be permanent.
11. State the length of time confined to bed and home, with dates of confinement.
12. State the length of time confined to hospital, with name of hospital and dates of
admission and discharge.
13. State the occupation of the plaintiff at the time of the alleged accident and average
daily, weekly or monthly earnings.
14. State the length of time totally disabled.
15. State the length of time partially disabled.
16. State the total amounts claimed as special damages for:
(a) physician’s services;
(b) medical supplies;
(c) loss of earnings;
(d) x-rays;
(e) hospital expenses;
(f) nurses’ services;
(g) all other items of special damages;
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17. Set forth by Chapter, Article, Section and Paragraph each and every statute or
ordinance, if any, which it is claimed by defendant above named violated.
18. Set forth the names and addresses of all witnesses to the occurrence or to the facts
and circumstances surrounding it known to the plaintiff, his/her attorneys and/or his/her
representatives.
PLEASE TAKE FURTHER NOTICE, that unless the above demand is complied with,
within twenty (20) days, an application will be made to preclude the plaintiff from giving any
evidence in accordance with the aforementioned rules.
Dated: New York, New York
April 13, 2023
Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, OMNIBUS NOTICE FOR
DISCOVERY &
INSPECTION
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE that pursuant to Sections 3101 and 3102 and Rule 3120 of the
CPLR, plaintiff and co-defendants are hereby requested to produce and permit the defendant,
THE WHITING-TURNER CONTRACTING COMPANY and its attorneys to inspect, copy, test
and/or photograph the following specified documents in your possession, control and/or custody:
1. Produce medical reports and hospital authorizations pertaining to the plaintiff and
the occurrence which is the subject of this litigation.
2. Produce photographs taken of:
a. the accident situs which is the subject of this litigation; and
b. the injuries sustained.
3. Set forth the names and address of all witnesses who were at the scene of the
occurrence.
4. Produce authorizations for the income tax returns of the plaintiff for three (3)
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years prior to the date of the alleged accident to the present period of disability.
5. All statements, in any form, obtained from the defendants, their agents, servants
and/or employees.
6. Set forth the names and addresses of all notice witnesses of any defects which
may have contributed to the incident alleged in the plaintiff’s Amended Verified Complaint.
7. An authorization to obtain plaintiff’s employment records.
8. An authorization to obtain plaintiff’s Workers Compensation records.
9. An authorization to obtain plaintiff’s union records.
PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the
inspection, copying, testing and photographing as specified above is designated to be made at the
office of the undersigned within twenty (20) days.
Dated: New York, New York
April 13, 2023
Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, DEMAND PURSUANT TO
CPLR 3101(d)(1)
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE that it is hereby demanded that plaintiff disclose each person
he/she expects to call as an expert witness at trial, including the individual's full name and
address.
It is further demanded that plaintiff disclose in reasonable detail:
a. the subject matter on which each expert is expected to testify;
b. the substance of the facts and opinions on which each expert is expected to
testify;
c. the qualifications for each expert witness; and
d. a summary of the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand and the
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plaintiff shall supply said information immediately upon the retention of an expert.
Dated: New York, New York
April 13, 2023
Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, DEMAND PURSUANT TO
CPLR 4545
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, Section
4545, a 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 (except those benefits provided under Title 18 of the Social Security Act),
Workmen's Compensation, or employee benefit programs, and, if so, the full name and address
of each organization or program providing such replacement or indemnification together with an
itemized statement of the amount in which each such claimed item of economic loss was
replaced or indemnified by each such organization or program.
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Demand is additionally made for duly executed 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.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and shall be
updated at the time of filing of a Note of Issue and Statement of Readiness, as well as at the time
of trial.
Dated: New York, New York
April 13, 2023
Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, DEMAND FOR AD
DAMNUM
- against-
THE WHITING-TURNER CONTRACTING
COMPANY, PURCHASE SENIOR LEARNING
COMMUNITY INC., PURCHASE COLLEGE
AND ADVANCEMENT CORPORATION and
BLUEPRINT PARTNERS CORP.,
Defendants.
---------------------------------------------------------------------X
C O U N S E L O R S :
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Laws and Rules, Section
3017(c), the following information is to be produced at the offices of BARRY McTIERNAN &
MOORE LLC counsel for defendant, THE WHITING-TURNER CONTRACTING COMPANY,
within fifteen (15) days of the date of this demand:
1. The total damages to which plaintiff deems he is entitled to in this action in lieu of
plaintiff having not set forth an ad damnum in the Amended Verified Complaint.
Dated: New York, New York
April 13, 2023 Yours, etc.
_________________________________
ALEX R. MALINO, ESQ.
BARRY McTIERNAN & MOORE LLC
Attorneys for Defendant
THE WHITING-TURNER
CONTRACTING COMPANY
101 Greenwich Street, 14th Floor
New York, New York 10006
(212) 313-3600
TO: (see next page)
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TO:
LIAKAS LAW, P.C.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
212-937-7765
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SP-67864
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023
Plaintiff, DEMAND FOR
DISCLOSURE OF
- against- MEDICARE, MEDICAID
Preview
FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRANDA PARRALES, Index No.: 55548/2023 Plaintiff, ANSWER TO PLAINTIFF’S AMENDED VERIFIED COMPLAINT - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X Defendant, THE WHITING-TURNER CONTRACTING COMPANY, through its attorneys, BARRY McTIERNAN & MOORE LLC answering the Amended Verified Complaint of the plaintiff states as follows: AS TO THE FIRST CAUSE OF ACTION FIRST: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered “1”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, ”26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “45”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71”, “72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”, “107”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”, “129”, “130”, “131” and “132” of the Amended Verified Complaint. 1 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SECOND: Denies each and every allegation contained in paragraphs numbered “2”, “3”, “4” and “55” of the Amended Verified Complaint. THIRD: Admits each and every allegation contained in paragraph numbered “5”, “6”, “7”, “8”, “9”, “52”, “53” and “56” of the Amended Verified Complaint. FOURTH: Denies each and every allegation contained in paragraphs numbered ”34”, “35”, “36”, “37”, “38”, “39”, “40”, “42”, “43”, “44”, “47”, “48”, “49” and “57” of the Amended Verified Complaint and respectfully refer all questions of law to the Trial Court. FIFTH: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “41”, “46”, “50”, “51” and “54” of the Amended Verified Complaint and respectfully refer all questions of law to the Trial Court but admit The Whiting-Turner Contracting Company was a construction manager for the Broadview Senior Living Development/Construction Project. SIXTH: Denies each and every allegation contained in paragraph numbered “133”, “134”, “135”, “136”, “137”, “138”, “139” and “140” of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as to other defendants. AS TO THE SECOND CAUSE OF ACTION SEVENTH: Answering paragraph numbered “141” of the Amended Verified Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats, reiterates and realleges each and every response contained in paragraphs “FIRST” through “SIXTH” of this Verified Answer. EIGHTH: Admits each and every allegation contained in paragraph numbered “142” of the Amended Verified Complaint. 2 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 NINTH: Denies each and every allegation contained in paragraph numbered “143” of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as to other defendants. TENTH: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “144” of the Amended Verified Complaint. AS TO THE THIRD CAUSE OF ACTION ELEVENTH: Answering paragraph numbered “145” of the Amended Verified Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats, reiterates and realleges each and every response contained in paragraphs “FIRST” through “TENTH” of this Verified Answer. TWELFTH: Admits each and every allegation contained in paragraph numbered “146” of the Amended Verified Complaint. THIRTEENTH: Denies each and every allegation contained in paragraph “147 of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as to other defendants. FOURTEENTH: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “148” of the Amended Verified Complaint. AS TO THE FOURTH CAUSE OF ACTION FIFTEENTH: Answering paragraph numbered “149” of the Amended Verified Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats, reiterates and realleges each and every response contained in paragraphs “FIRST” through “FOURTEENTH” of this Verified Answer. 3 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SIXTEENTH: Admits each and every allegation contained in paragraph numbered “150” of the Amended Verified Complaint. SEVENTEENTH: Denies each and every allegation contained in paragraph “151” of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as to other defendants. EIGHTEENTH: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “152” of the Amended Verified Complaint. AS TO THE FIFTH CAUSE OF ACTION NINETEENTH: Answering paragraph numbered “153” of the Amended Verified Complaint, defendant, THE WHITING-TURNER CONTRACTING COMPANY, repeats, reiterates and realleges each and every response contained in paragraphs “FIRST” through “EIGHTEENTH” of this Verified Answer. TWENTIETH: Admits each and every allegation contained in paragraph numbered “154” of the Amended Verified Complaint. TWENTY-FIRST: Denies each and every allegation contained in paragraph “155” of the Amended Verified Complaint as to defendant, The Whiting-Turner Contracting Company; denies any knowledge or information as to other defendants. TWENTY-SECOND: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered “156”, “157” and “158” of the Amended Verified Complaint. TWENTY-THIRD: Denies each and every allegation contained in paragraph “125 of the Amended Verified Complaint. 4 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE TWENTY-FOURTH: Pursuant to CPLR 1603, this defendant asserts the terms, provisions, limitations and rights afforded under CPLR 1601 and 1602 and all rights contained therein. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TWENTY-FIFTH: The personal injuries alleged to have been sustained by the plaintiff were caused entirely or in part as a result of the culpable conduct attributable to the plaintiff and the defendant, THE WHITING-TURNER CONTRACTING COMPANY, a dismissal or reduction in any recovery had by plaintiff in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TWENTY-SIXTH: That the defendant, THE WHITING-TURNER CONTRACTING COMPANY, asserts the terms, provisions, limitations and rights contained in §4545(c) of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TWENTY-SEVENTH: Defendant, THE WHITING-TURNER CONTRACTING COMPANY did not cause or create any alleged defect or condition and therefore this matter must be dismissed. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TWENTY-EIGHTH: Defendant, THE WHITING-TURNER CONTRACTING COMPANY, did not have actual or constructive notice of any alleged defect or condition and therefore this matter must be dismissed. 5 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE TWENTY-NINTH: Defendant, THE WHITING-TURNER CONTRACTING COMPANY, asserts that the alleged accident occurred due to the negligence of a third-party not under their direction, control or supervision. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIRTIETH: That the Amended Verified Complaint fails to state a cause of action upon which relief can be granted. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIRTY-FIRST: That plaintiff is not entitled to a recovery in whole or in part due to the failure of said plaintiff to mitigate his damages and defendant, THE WHITING-TURNER CONTRACTING COMPANY, will seek a dismissal of plaintiff’s suit due to said failure to mitigate or in the alternative a reduction in any recover to be made by plaintiff due his failure to mitigate his damages. AS AND FOR A NINTH AFFIRMATIVE DEFENSE THIRTY-SECOND: That the injuries to the plaintiff, if any, arose out of certain risks, dangers and hazards, all of which were obvious and well known to the plaintiff at and before the said injuries and all of said risks, dangers and hazards had been assumed by the plaintiff herein. AS AND FOR AN TENTH AFFIRMATIVE DEFENSE THIRTY-THIRD: The plaintiff has failed to join all necessary and indispensable parties in some or all the causes of action who would be responsible in whole or in part for the damages alleged. 6 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE THIRTY-FOURTH: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, this defendant is or will be entitled to protection under General Obligations Law §15-108 and the corresponding reduction of any damages which may be determined to be due against this defendant. AS AND FOR A FIRST CROSS-CLAIM AGAINST THE CO-DEFENDANT BLUEPRINT PARTNERS CORP.: THIRTY-FIFTH: That if the plaintiff recovers against the defendant, THE WHITING-TURNER CONTRACTING COMPANY, said defendant seeks a recovery from the co-defendant, BLUEPRINT PARTNERS CORP., predicated on the grounds that said co- defendant contributed in whole or in part to the alleged incident and damages sued upon herein and as such are to be deemed responsible in whole or in part to said defendant, as a result of that wrongful conduct. AS AND FOR A SECOND CROSS-CLAIM AGAINST THE CO-DEFENDANT BLUEPRINT PARTNERS CORP.: THIRTY-SIXTH: That if the plaintiff was caused to sustain damages at the time and place set forth in the Amended Verified Complaint and in the manner alleged therein through any carelessness, recklessness, acts omissions, negligence and/or breaches of duty and/or warranty and/or contract other than plaintiff’s, then said damages arose out of the carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation, and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of the co-defendant, BLUEPRINT PARTNERS CORP., with indemnification and save harmless agreement and/or 7 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 responsibility by them in fact and/or implied in law, and without any breaches or any negligence of the defendant, THE WHITING-TURNER CONTRACTING COMPANY, contributing thereto, and if said defendant is found negligent as to the plaintiff for the damages as set forth in the Amended Verified Complaint, then and in that event said co-defendant will be liable over to the defendant, THE WHITING-TURNER CONTRACTING COMPANY, and bound to fully indemnify and hold the said defendant harmless for the full amount of any verdict or judgment that the plaintiff herein may recover against the defendant, THE WHITING-TURNER CONTRACTING COMPANY, including all costs, investigations, disbursements, expenses and attorney’s fees incurred in the defense of this action and in the litigation of the cross-claim. AS AND FOR A THIRD CROSS-CLAIM AGAINST THE CO-DEFENDANT BLUEPRINT PARTNERS CORP.: THIRTY-SEVENTH: That pursuant to contract the co-defendant, BLUEPRINT PARTNERS CORP., agreed to indemnify, defend and insure the defendant, THE WHITING- TURNER CONTRACTING COMPANY, as against the type and subject loss and claim as sued upon herein. THIRTY-EIGHTH: That said co-defendant’s refusal to indemnify, defend and insure herein constitutes a material breach of contract resulting in damage to the defendant, THE WHITING-TURNER CONTRACTING COMPANY, including defense and legal costs and the amount of any judgment rendered herein. THIRTY-NINTH: Based thereon, the defendant, THE WHITING-TURNER CONTRACTING COMPANY, seek and demand the payment of all such damages resulting from said co-defendant’s breach of contract. 8 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 AS AND FOR A FOURTH CROSS-CLAIM AGAINST THE CO-DEFENDANT BLUEPRINT PARTNERS CORP.: FORTIETH: That, in addition, and pursuant to said contract, said co-defendant, BLUEPRINT PARTNERS CORP., agreed to purchase and maintain insurance naming the defendant THE WHITING-TURNER CONTRACTING COMPANY as primary and additional insureds. FORTY-FIRST: That said co-defendant’s refusal to indemnify, defend and insure herein constitutes a material breach of contract resulting in damage to the defendant, THE WHITING- TURNER CONTRACTING COMPANY, including defense and legal costs and the amount of any judgment rendered herein. FORTY-SECOND: That, based thereon, the defendant, THE WHITING-TURNER CONTRACTING COMPANY, are entitled to a defense and indemnification as against plaintiffs’ claims herein pursuant to said agreement, and as permitted under the law. WHEREFORE, defendant, THE WHITING-TURNER CONTRACTING COMPANY demands judgment dismissing the Amended Verified Complaint of the plaintiff herein as to said defendant, together with the costs, fees, and disbursements of this action, and further demands, pursuant to Section 3019(b) of the CPLR, that the ultimate rights of said defendant as between themselves be determined in this action; and that defendant, THE WHITING-TURNER CONTRACTING COMPANY has judgment over and against the co-defendant, BLUEPRINT PARTNERS CORP., for the amount of any verdict or judgment which shall or may be recovered against the defendant, THE WHITING-TURNER CONTRACTING COMPANY by the plaintiff in this action, together with the all costs, disbursements, costs of investigation, expenses and 9 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 attorneys’ fees incurred in the defense of this action and in the conduct of the cross-claims herein. Dated: New York, New York April 13, 2023 Yours etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 10 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) ALEX R. MALINO, being duly sworn, deposes and says: That he is an attorney at law, and a member of the firm of BARRY McTIERNAN & MOORE LLC, attorneys for the defendant, THE WHITING-TURNER CONTRACTING COMPANY and having an office at 101 Greenwich Street, 14th Floor, New York, New York, 10006. That he has read and knows the contents of the foregoing Verified Answer to the Amended Verified Complaint and that the same is true to his knowledge. Deponent further says that the sources of his information and the grounds of his belief as to all matters therein not stated upon his knowledge are based on materials, investigation, reports and documents contained in the file as maintained in deponent's office. __________________ ALEX R. MALINO Sworn to before me this 25th day of April 2023 NOTARY PUBLIC 11 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, NOTICE TO TAKE DEPOSITION UPON ORAL - against- EXAMINATION THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR the testimony upon oral examination of all parties, as adverse party and witness will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party of prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the offices of Barry McTiernan & Moore located at 101 Greenwich Street, New York, New York, on the 22nd day of June 2023 at 10:00 a.m. of that day with respect to evidence and material necessary in the prosecution defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on the 16th day of November, 2022 in the County of Westchester, State of New York, including negligence, contributory negligence, liability and damages. Said persons to be examined are required to produce at such examination the following: 12 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 Any and all papers, books, and documents relating to this litigation. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 13 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, DEMAND FOR BILL OF PARTICULARS - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, in accordance with Article 31 and Rules 3042 and 3043 of the CPLR, the plaintiff is hereby required to serve upon the undersigned a Bill of Particulars setting forth, in detail, the following particulars demanded: 1. Date of birth, address and Social Security number of plaintiff. 2. State the present residence address of plaintiff. 3. State the date and approximate time of day of the occurrence. 4. Describe the approximate location of the happening of the occurrence in sufficient detail so as to permit accurate identification. 5. Describe in general the acts or omissions constituting the negligence claimed. 6. State whether actual or constructive notice is claimed. 7. If actual notice is claimed, then set forth the following: (a) state the names of the agents and/or servants of the defendant to whom it 14 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 will be alleged said actual notice was given. (b) state by whom it will be claimed that said actual notice was given on each occasion aforesaid. (c) state the date or dates of each said notice aforesaid. 8. State whether constructive notice is claimed, and, if so, state the length and time said condition is alleged to have existed prior to the happening of the alleged occurrence. 9. State the injuries alleged. 10. Describe those injuries claimed to be permanent. 11. State the length of time confined to bed and home, with dates of confinement. 12. State the length of time confined to hospital, with name of hospital and dates of admission and discharge. 13. State the occupation of the plaintiff at the time of the alleged accident and average daily, weekly or monthly earnings. 14. State the length of time totally disabled. 15. State the length of time partially disabled. 16. State the total amounts claimed as special damages for: (a) physician’s services; (b) medical supplies; (c) loss of earnings; (d) x-rays; (e) hospital expenses; (f) nurses’ services; (g) all other items of special damages; 15 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 17. Set forth by Chapter, Article, Section and Paragraph each and every statute or ordinance, if any, which it is claimed by defendant above named violated. 18. Set forth the names and addresses of all witnesses to the occurrence or to the facts and circumstances surrounding it known to the plaintiff, his/her attorneys and/or his/her representatives. PLEASE TAKE FURTHER NOTICE, that unless the above demand is complied with, within twenty (20) days, an application will be made to preclude the plaintiff from giving any evidence in accordance with the aforementioned rules. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 16 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, OMNIBUS NOTICE FOR DISCOVERY & INSPECTION - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE that pursuant to Sections 3101 and 3102 and Rule 3120 of the CPLR, plaintiff and co-defendants are hereby requested to produce and permit the defendant, THE WHITING-TURNER CONTRACTING COMPANY and its attorneys to inspect, copy, test and/or photograph the following specified documents in your possession, control and/or custody: 1. Produce medical reports and hospital authorizations pertaining to the plaintiff and the occurrence which is the subject of this litigation. 2. Produce photographs taken of: a. the accident situs which is the subject of this litigation; and b. the injuries sustained. 3. Set forth the names and address of all witnesses who were at the scene of the occurrence. 4. Produce authorizations for the income tax returns of the plaintiff for three (3) 17 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 years prior to the date of the alleged accident to the present period of disability. 5. All statements, in any form, obtained from the defendants, their agents, servants and/or employees. 6. Set forth the names and addresses of all notice witnesses of any defects which may have contributed to the incident alleged in the plaintiff’s Amended Verified Complaint. 7. An authorization to obtain plaintiff’s employment records. 8. An authorization to obtain plaintiff’s Workers Compensation records. 9. An authorization to obtain plaintiff’s union records. PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the inspection, copying, testing and photographing as specified above is designated to be made at the office of the undersigned within twenty (20) days. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 18 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, DEMAND PURSUANT TO CPLR 3101(d)(1) - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE that it is hereby demanded that plaintiff disclose each person he/she expects to call as an expert witness at trial, including the individual's full name and address. It is further demanded that plaintiff disclose in reasonable detail: a. the subject matter on which each expert is expected to testify; b. the substance of the facts and opinions on which each expert is expected to testify; c. the qualifications for each expert witness; and d. a summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand and the 19 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 plaintiff shall supply said information immediately upon the retention of an expert. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 20 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, DEMAND PURSUANT TO CPLR 4545 - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, Section 4545, a 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 (except those benefits provided under Title 18 of the Social Security Act), Workmen's Compensation, or employee benefit programs, and, if so, the full name and address of each organization or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. 21 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 Demand is additionally made for duly executed 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. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and shall be updated at the time of filing of a Note of Issue and Statement of Readiness, as well as at the time of trial. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 22 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, DEMAND FOR AD DAMNUM - against- THE WHITING-TURNER CONTRACTING COMPANY, PURCHASE SENIOR LEARNING COMMUNITY INC., PURCHASE COLLEGE AND ADVANCEMENT CORPORATION and BLUEPRINT PARTNERS CORP., Defendants. ---------------------------------------------------------------------X C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to the Civil Practice Laws and Rules, Section 3017(c), the following information is to be produced at the offices of BARRY McTIERNAN & MOORE LLC counsel for defendant, THE WHITING-TURNER CONTRACTING COMPANY, within fifteen (15) days of the date of this demand: 1. The total damages to which plaintiff deems he is entitled to in this action in lieu of plaintiff having not set forth an ad damnum in the Amended Verified Complaint. Dated: New York, New York April 13, 2023 Yours, etc. _________________________________ ALEX R. MALINO, ESQ. BARRY McTIERNAN & MOORE LLC Attorneys for Defendant THE WHITING-TURNER CONTRACTING COMPANY 101 Greenwich Street, 14th Floor New York, New York 10006 (212) 313-3600 TO: (see next page) 23 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 TO: LIAKAS LAW, P.C. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 212-937-7765 24 of 50 FILED: WESTCHESTER COUNTY CLERK 04/25/2023 09:21 AM INDEX NO. 55548/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/25/2023 SP-67864 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X PABLO FABIAN MEDRAND PARRALES, Index No. 55548/2023 Plaintiff, DEMAND FOR DISCLOSURE OF - against- MEDICARE, MEDICAID