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FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------X Index No. 5178 83/2020
KEROL BLAIR,
Law Dept. #: 2021-001749
Plaintiff,
-against-
PLAINTIFF'S NOTICE OF
DISCOVERY AND
INSPECTION
ADDRESSED TO
DEFENDANT
THE CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE that defendant City, pursuant to Section 3101 et seq. and Rule 3120 of
the CPLR, is required to produce and permit discovery, inspection and copying to be made by
plaintiffandlor said plaintiffs attorney(s) of the following items, writings and objects
maintained, controlled and/or supervised by the defendant and/or defendant's agents, servants,
and/or employees.
In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will
accept clearly legible photocopies of the said items if received by the undersigned at least five
(5) days prior to the return date hereof together with a letter from the defendant's attorney
advising as to the completeness of the items provided.
PLACE OF DISCOVERY: Law Offices of Wale Mosaku, P.C.
Attorney(s) for Plaintiff(s)
25 Bond Street, 3 rd Floor
Brooklyn, New York 11201
(718) 243-0994
DATE OF DISCOVERY: Within twenty (20) days of the date of service.
1. A true and correct copy of any and all arrest warrant(s) that permitted ~e
defendant(s), and/or each and every servant, agent and/or employee of New York
City and/or the NYPD to arrest the plaintiff on November 24, 2019.
2. A true and correct copy of any and all affidavit(s) that was/were submitted in
support of the application for any applicable arrest warrant(s) that permitted the
arrest of the plaintiff on November 24,2019.
FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023
3. Any and all audio and video recordings (or transcription(s) thereof) in the
possession of the defendant( s) and/or his representatives, including but not limited
to 911 tapes, SPRINT reports, and "radio runs" pertaining to any incident(s) that
led to the arrest of the plaintiff on November 24, 2019.
4. A true copy of the "Command Log" entry that was
made/recorded/written/completed for the plaintiff, upon the arrival of the plaintiff
at the police precinct, following the plaintiffs arrest on November 24, 2019.
5. A true copy of the "Prisoner Pedigree Card" that was
made/prepared/written/completed for the plaintiff, upon the arrival of the plaintiff
at the police precinct, following the plaintiffs arrest on November 24, 2019.
6. A true copy of the "Prisoner Status Arraignment Form" that was prepared
following the November 24,2019 arrest of the plaintiff.
7. A true copy of any and all "Prisoner Movement Slip(s)" that was/were generated
by the defendant(s), following the arrest of the plaintiff on November 24, 2019.
8. A true and correct copy of any and all "Property Clerk Invoice(s)" that was/were
prepared following, and in connection with the arrest of the plaintiff on November
24,2019.
9. A true copy of any and all "Mug Shot(s)" and/or "Mugshot Pedigree" documents
that was/were generated by the defendant(s) with respect to the plaintiff,
following the plaintiffs November 24, 2019 arrest.
10. A true copy of any and all Arrest Report(s) that was/were generated by the
defendant(s) with respect to the plaintiff, following the plaintiffs November 24,
2019 arrest.
11. A true copy of any and all Complaint Report(s) documents that was/were
generated by the defendant(s) with respect to the plaintiff, either prior to, or
following the plaintiffs November 24, 2019 arrest.
12. True copies of the complete and entire official New York City Police Department
file(s), including but not limited to the arresting/participating officer(s) memo
book notations, "Arrest Report(s)", "Complaint Report(s)", "Complaint FollowÂ
Up Report(s)", "U.F. 61" and "0.0.5", peltaining to the incident(s) that led to the
arrest of the plaintiff on November 24, 2019.
FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023
13. Any and all statement(s), either oral, written and//or recorded, that has/have been
obtained by the defendant(s) and/or the defendant(s) representatives from any
third parties and/or complainant(s), implicating the plaintiff in any manner for any
incident(s) that led to the plaintiffs arrest on November 24, 2019.
14. True copies of CD(s) and/or DVD(s) containing surveillance footage implicating
the plaintiff in any manner for the incident(s) that formed the basis of the
plaintiffs arrest on November 24, 2019.
15. True copies of CD(s) and/or DVD(s) containing surveillance footage and/or
footage from body worn cameras depicting the plaintiffs arrest on November 24,
2019.
16. True copies of any and all "body camera" footage obtained from "body camera"
equipment worn by the defendant City's servant(s), agent(s) and/or employee(s),
depicting the entirety of the defendant City's servant(s), agent(s) and/or
employee(s) encounter with the plaintiff on November 24, 2019.
17. True copies of any and all "body camera" footage, obtained from "body camera"
equipment worn by the defendant City's servant(s), agent(s) and/or employee(s),
depicting the recovery of any and all illegal and/or unlawful items from the
person of the plaintiff on November 24,2019.
18. True copies of any and all "body camera" footage, obtained from "body camera"
equipment worn by the defendant City's servant(s), agent(s) and/or employee(s),
depicting the arrest of the plaintiff on November 24,2019.
19. Any and all document(s) stating and/or containing the entirety of the NYPD's
policy and procedures, with respect to "body camera" usage by NYPD officers,
and applicable for the period November 24, 2018 through November 24, 2019.
20. Any and all documents, including complaints, investigations and determinations
made by the NYPD, lAB and/or CCRB with respect to any allegations of false
arrest/imprisonment, false statements, malicious prosecution, excessive force and
wrongful conduct made against POLICE OFFICER JMv1ES LUKESON (Tax#:
935216; Shield #: 9696). PLEASE BE ADVISED that any objection by the
defendant that New York State Civil Rights Law §50-a applies herein is without
FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023
basis. See Mann v. Alvarez, 242 AD2d 318, 661 NYS2d 250 (2d Dep't 1997);
Svaigsen v. City of New York, 203 AD2d 32, 609 NYS2d 894 (1994).
As such, the defendant's invocation of New York State Civil Rights Law §50-a in
response to this demand shall be the subject of a motion for sanctions.
In addition, with respect to any other assertion(s) of privilege, please be advised
that CPLR §3122 requires the preparation and disclosure of a privilege log
detailing the basis of any purported privilege claims. See Anonymous v. High
School for Environmental Studies, 32 AD3d 353 (1st Dep't 2006).
This is a continuing demand. In the event that any of the above information is presently
unavailable or not in existence, and such subsequently becomes available, this demand shall
continue right up to the trial, consistent with all applicable laws and/or statutes. Your failure to
comply will result in our making a motion for appropriate relief.
Dated: Brooklyn, New York
October 26,2021
Yours, etc.,
To:
Gavin McCandlish, Esq.
Asst. NYC Corporation Counsel
New York City Law Department
100 Church Street
New York, New York 10007
New York City Law Dept. File #: 2021-001749
(212) 356-2177
FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023
AFFIRMATION OF SERVICE
State of New York
ss.:
County of Kings
I, the undersigned, an attorney duly admitted to practice in the State of New York, with offices at
25 Bond Street, 3 rd Floor, Brooklyn, New York, 11201, affirm as follows as under penalties of
perjury:
On October 26, 2021, I personally caused to be served the within: PLAINTIFF'S NOTICE OF
DISCOVERY AND INSPECTION ADDRESSED TO DEFENDANT(S).
/XX/ SERVICE BY USPS: by delivering a copy to an attorney for each of the following
named defendants. I knew the attorneys served to be the attorneys for the party(ies) stated
below.
Gavin McCandlish, Esq.
Assistant Corporation Counsel
New York City Law Department
Attorney(s) for Defendant
lOO Church Street
New York, New York 1000
Dated: Brooklyn, New York
October 26, 2021
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FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X Index No. 5178 83/2020 KEROL BLAIR, Law Dept. #: 2021-001749 Plaintiff, -against- PLAINTIFF'S NOTICE OF DISCOVERY AND INSPECTION ADDRESSED TO DEFENDANT THE CITY OF NEW YORK, Defendant. -----------------------------------------------------------------------X SIRS: PLEASE TAKE NOTICE that defendant City, pursuant to Section 3101 et seq. and Rule 3120 of the CPLR, is required to produce and permit discovery, inspection and copying to be made by plaintiffandlor said plaintiffs attorney(s) of the following items, writings and objects maintained, controlled and/or supervised by the defendant and/or defendant's agents, servants, and/or employees. In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items if received by the undersigned at least five (5) days prior to the return date hereof together with a letter from the defendant's attorney advising as to the completeness of the items provided. PLACE OF DISCOVERY: Law Offices of Wale Mosaku, P.C. Attorney(s) for Plaintiff(s) 25 Bond Street, 3 rd Floor Brooklyn, New York 11201 (718) 243-0994 DATE OF DISCOVERY: Within twenty (20) days of the date of service. 1. A true and correct copy of any and all arrest warrant(s) that permitted ~e defendant(s), and/or each and every servant, agent and/or employee of New York City and/or the NYPD to arrest the plaintiff on November 24, 2019. 2. A true and correct copy of any and all affidavit(s) that was/were submitted in support of the application for any applicable arrest warrant(s) that permitted the arrest of the plaintiff on November 24,2019. FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023 3. Any and all audio and video recordings (or transcription(s) thereof) in the possession of the defendant( s) and/or his representatives, including but not limited to 911 tapes, SPRINT reports, and "radio runs" pertaining to any incident(s) that led to the arrest of the plaintiff on November 24, 2019. 4. A true copy of the "Command Log" entry that was made/recorded/written/completed for the plaintiff, upon the arrival of the plaintiff at the police precinct, following the plaintiffs arrest on November 24, 2019. 5. A true copy of the "Prisoner Pedigree Card" that was made/prepared/written/completed for the plaintiff, upon the arrival of the plaintiff at the police precinct, following the plaintiffs arrest on November 24, 2019. 6. A true copy of the "Prisoner Status Arraignment Form" that was prepared following the November 24,2019 arrest of the plaintiff. 7. A true copy of any and all "Prisoner Movement Slip(s)" that was/were generated by the defendant(s), following the arrest of the plaintiff on November 24, 2019. 8. A true and correct copy of any and all "Property Clerk Invoice(s)" that was/were prepared following, and in connection with the arrest of the plaintiff on November 24,2019. 9. A true copy of any and all "Mug Shot(s)" and/or "Mugshot Pedigree" documents that was/were generated by the defendant(s) with respect to the plaintiff, following the plaintiffs November 24, 2019 arrest. 10. A true copy of any and all Arrest Report(s) that was/were generated by the defendant(s) with respect to the plaintiff, following the plaintiffs November 24, 2019 arrest. 11. A true copy of any and all Complaint Report(s) documents that was/were generated by the defendant(s) with respect to the plaintiff, either prior to, or following the plaintiffs November 24, 2019 arrest. 12. True copies of the complete and entire official New York City Police Department file(s), including but not limited to the arresting/participating officer(s) memo book notations, "Arrest Report(s)", "Complaint Report(s)", "Complaint Follow Up Report(s)", "U.F. 61" and "0.0.5", peltaining to the incident(s) that led to the arrest of the plaintiff on November 24, 2019. FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023 13. Any and all statement(s), either oral, written and//or recorded, that has/have been obtained by the defendant(s) and/or the defendant(s) representatives from any third parties and/or complainant(s), implicating the plaintiff in any manner for any incident(s) that led to the plaintiffs arrest on November 24, 2019. 14. True copies of CD(s) and/or DVD(s) containing surveillance footage implicating the plaintiff in any manner for the incident(s) that formed the basis of the plaintiffs arrest on November 24, 2019. 15. True copies of CD(s) and/or DVD(s) containing surveillance footage and/or footage from body worn cameras depicting the plaintiffs arrest on November 24, 2019. 16. True copies of any and all "body camera" footage obtained from "body camera" equipment worn by the defendant City's servant(s), agent(s) and/or employee(s), depicting the entirety of the defendant City's servant(s), agent(s) and/or employee(s) encounter with the plaintiff on November 24, 2019. 17. True copies of any and all "body camera" footage, obtained from "body camera" equipment worn by the defendant City's servant(s), agent(s) and/or employee(s), depicting the recovery of any and all illegal and/or unlawful items from the person of the plaintiff on November 24,2019. 18. True copies of any and all "body camera" footage, obtained from "body camera" equipment worn by the defendant City's servant(s), agent(s) and/or employee(s), depicting the arrest of the plaintiff on November 24,2019. 19. Any and all document(s) stating and/or containing the entirety of the NYPD's policy and procedures, with respect to "body camera" usage by NYPD officers, and applicable for the period November 24, 2018 through November 24, 2019. 20. Any and all documents, including complaints, investigations and determinations made by the NYPD, lAB and/or CCRB with respect to any allegations of false arrest/imprisonment, false statements, malicious prosecution, excessive force and wrongful conduct made against POLICE OFFICER JMv1ES LUKESON (Tax#: 935216; Shield #: 9696). PLEASE BE ADVISED that any objection by the defendant that New York State Civil Rights Law §50-a applies herein is without FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023 basis. See Mann v. Alvarez, 242 AD2d 318, 661 NYS2d 250 (2d Dep't 1997); Svaigsen v. City of New York, 203 AD2d 32, 609 NYS2d 894 (1994). As such, the defendant's invocation of New York State Civil Rights Law §50-a in response to this demand shall be the subject of a motion for sanctions. In addition, with respect to any other assertion(s) of privilege, please be advised that CPLR §3122 requires the preparation and disclosure of a privilege log detailing the basis of any purported privilege claims. See Anonymous v. High School for Environmental Studies, 32 AD3d 353 (1st Dep't 2006). This is a continuing demand. In the event that any of the above information is presently unavailable or not in existence, and such subsequently becomes available, this demand shall continue right up to the trial, consistent with all applicable laws and/or statutes. Your failure to comply will result in our making a motion for appropriate relief. Dated: Brooklyn, New York October 26,2021 Yours, etc., To: Gavin McCandlish, Esq. Asst. NYC Corporation Counsel New York City Law Department 100 Church Street New York, New York 10007 New York City Law Dept. File #: 2021-001749 (212) 356-2177 FILED: KINGS COUNTY CLERK 07/12/2023 05:08 PM INDEX NO. 517883/2020 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/12/2023 AFFIRMATION OF SERVICE State of New York ss.: County of Kings I, the undersigned, an attorney duly admitted to practice in the State of New York, with offices at 25 Bond Street, 3 rd Floor, Brooklyn, New York, 11201, affirm as follows as under penalties of perjury: On October 26, 2021, I personally caused to be served the within: PLAINTIFF'S NOTICE OF DISCOVERY AND INSPECTION ADDRESSED TO DEFENDANT(S). /XX/ SERVICE BY USPS: by delivering a copy to an attorney for each of the following named defendants. I knew the attorneys served to be the attorneys for the party(ies) stated below. Gavin McCandlish, Esq. Assistant Corporation Counsel New York City Law Department Attorney(s) for Defendant lOO Church Street New York, New York 1000 Dated: Brooklyn, New York October 26, 2021