Motion for Leave to Amend Pleadings in Anthony Magni v. Third Avenue Tower Owner, Llc, Polsinelli Pc, Clune Construction Company, L.P., Concepts For Business, Llc, G&S Concepts, Inc.| Trellis.Law

On July 05, 2016 a Answer was filed involving a dispute between Anthony Magni, and Clune Construction Company, L.P., Concepts For Business, Llc, G&S Concepts, Inc., Polsinelli Pc, Third Avenue Tower Owner, Llc, for Torts - Other Negligence (Premises liability) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 08/10/2018 05:53 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/10/2018

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.: 155570/2016 (ECF)
ANTHONY MAGNI,

Plaintiff,
VERIFIED ANSWER TO
v. AMENDED COMPLAINT

THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC, CLUNE CONSTRUCTION COMPANY,
L.P.,CONCEPTS FOR BUSINESS, LLC., AND G&S
CONCEPTS,

Defendants.
-----------------------------------------------------------------------x
POLSINELLI PC, Index No.: 595198/2017 (ECF)

Third-Party Plaintiff,

CONCEPTS FOR BUSINESS, LLC. AND G&S
CONCEPTS, INC.,

Third-Party Defendants.
-----------------------------------------------------------------------x

Defendants, Polsinelli PC and Third Avenue Tower Owner, LLC, by their attorneys,

EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, answer the Amended

Complaint of the Plaintiff by stating as follows:

1. Deny each and every allegation of paragraphs 1, 2, 4, 29, 30, 31, 36, 102, 103, 104, 105,

106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 and 118.

2. Deny each and every allegation of paragraphs 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35,

38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52 and respectfully refers all questions of law to

this Honorable Court.

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3. Deny each and every allegation of paragraph 3, except to admit that the defendant,

THIRD AVENUE TOWER OWNER, LLC, was a foreign limited liability company in the State of New

York.

4. Deny each and every allegation of paragraph 5, except to admit that the defendant,

POLSINELLI PC, was a foreign business corporation in the State of New York.

5. Deny each and every allegation of paragraph 21, except to admit that the defendant,

THIRD AVENUE TOWER OWNER, LLC, owned 600 Third Avenue in the County of New York, City

and State of New York.

6. Deny each and every allegation of paragraph 37, except to admit that the defendant,

POLSINELLI PC, was a tenant of 600 Third Avenue in the County of New York, City and State of New

York.

7. Deny having knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 53, 54, 55, 56, 57, 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 and 101.

8. Respond to paragraph 113 of the Amended Complaint by repeating, reiterating, and

alleging all responses given to the paragraphs referred to therein with the same force and effect as if

herein set forth at length.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

9. The injuries alleged to have been suffered by the Plaintiff were caused, in whole or part,

by the conduct of Plaintiff. Plaintiff's claims therefore are barred or diminished in the proportion that

such culpable conduct of Plaintiff bears to the total culpable conduct causing the damages.

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AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

10. Plaintiff was the sole proximate cause of his accident. Plaintiff's cause of action is barred

as he was a recalcitrant worker.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

11. Pursuant to CPLR Article 16, the liability of these Defendants to the Plaintiff for non-

economic loss shall not exceed the equitable share of these Defendants determined in accordance with

the relative culpability of each person/party causing or contributing to the total liability for non-

economic loss.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

12. That recovery, if any, on the Amended Complaint of the Plaintiff shall be reduced by the

amounts paid or reimbursed by collateral sources in accordance with CPLR 4545(c).

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

13. That if it is determined that these answering Defendants are responsible for the acts

alleged in the Amended Complaint then Plaintiff failed to take appropriate action to mitigate any

damages.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:

14. The injuries and damages alleged in the Amended Complaint of the Plaintiff were caused

or contributed to by Plaintiff's culpable conduct in assuming the risk under the conditions and

circumstances existing.

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AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: CLUNE
CONSTRUCTION COMPANY, L.P. CONCEPTS FOR BUSINESS, LLC. AND G&S
CONCEPTS, INC.

15. If any plaintiff recovers against these Defendants, then these Defendants will be entitled

to an apportionment of responsibility for damages between and amongst the parties of this action and

will be entitled to recover from each other party for its proportional share commensurate with any

judgment which may be awarded to the plaintiff.

AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: CLUNE
CONSTRUCTION COMPANY, L.P. CONCEPTS FOR BUSINESS, LLC. AND G&S
CONCEPTS, INC.

16. If any plaintiff recovers against these Defendants, then these Defendants will be entitled

to be indemnified and to recover the full amount of any judgment from the Clune Construction

Company, L.P. Concepts for Business, LLC. and G&S Concepts, Inc..

AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNITY AGAINST: CLUNE
CONSTRUCTION COMPANY, L.P. CONCEPTS FOR BUSINESS, LLC. AND G&S
CONCEPTS, INC.

17. At the time of the accident alleged in the complaint a contract was in effect between these

Defendants and Clune Construction Company, L.P. Concepts for Business, LLC. and G&S Concepts,

Inc..

18. The contract required Clune Construction Company, L.P. Concepts for Business, LLC.

and G&S Concepts, Inc. to indemnify and, or hold harmless these Defendants for all claims, losses,

liability and damages for any injury to any person.

19. Clune Construction Company, L.P. Concepts for Business, LLC. and G&S Concepts, Inc.

breached the contract and is obligated to indemnify these Defendants for any judgement or settlement

obtained by any plaintiff in this action including defense costs and attorneys' fees.

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AS AND FOR A CROSS-CLAIM FOR BREACH OF CONTRACT FOR FAILURE TO NAME
ON INSURANCE POLICY AGAINST: CLUNE CONSTRUCTION COMPANY, L.P.
CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS, INC.

20. At the time of the accident alleged in the complaint a contract was in effect between these

Defendants and Clune Construction Company, L.P. Concepts for Business, LLC. and G&S Concepts,

Inc..

21. The contract required Clune Construction Company, L.P. Concepts for Business, LLC.

and G&S Concepts, Inc. to purchase liability insurance for the benefit of these Defendants.

22. Clune Construction Company, L.P. Concepts for Business, LLC. and G&S Concepts, Inc.

failed to purchase the insurance required and thereby breached the contract.

23. By reason of the foregoing, Clune Construction Company, L.P. Concepts for Business,

LLC. and G&S Concepts, Inc. is liable to these answering Defendants for all damages resulting from the

breach including defense costs and attorneys' fees.

WHEREFORE, these Defendants demand judgment dismissing the Complaint, together

with costs and disbursements, and in the event any judgment or settlement is recovered herein

against these Defendants, then these Defendants further demand that such judgment be reduced

by the amount which is proportionate to the degree of culpability of plaintiff, and these

Defendants further demand judgment against each other party on the respective crossclaims

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together with the costs and disbursements of this action and for any expenses incurred by itin the

defense thereof including attorney fees.

DATED: August 10, 2018
New York, New York

Yours, etc.

EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendants
POLSINELLI PC AND THIRD AVENUE
TOWER OWNER, LLC
Office and Post Ofñce Address
55 Water Street, 28th Floor

New York, New York 10041

(212) 612-4200

By:

Thomas B. Ferris

To:

Sackstein, Sackstein & Lee, LLP
Attorneys for Plaintiff Lewis Johs Avallone Aviles, LLP

Attorneys for Defendant OUT OF CASE: DISMISSED AGAINST
Clune Construction Company, L.P. Third Party Defendant, Concepts for

77 Water Street, Suite 2100 Business, Inc.
New York, New York 10005

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.: 155570/2016 (ECF)
ANTHONY MAGNI,

Plaintiff, VERIFICATION

THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC,
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS
FOR BUSINESS, LLC., AND G&S CONCEPTS,

Defendants.
-----------------------------------------------------------------------x
POLSINELLI PC, Index No.: 595198/2017 (ECF)

Third-Party Plaintiff,

CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,

Third-Party Defendants.
-----------------------------------------------------------------------x

Thomas B. Ferris, an attorney duly admitted to practice law before the Courts of New

York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106:

I am a member of the firm of EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &

YAPCHANYK, attorneys for the Defendants, Polsinelli PC and Third Avenue Tower Owner,

LLC.

I submit the following statement upon information and belief, based upon an inspection of the

records maintained by this office, which records I believe to be true.

That I have read the contents of the attached VERIFIED ANSWER TO AMENDED

COMPLAINT for Defendants Polsinelli PC and Third Avenue Tower Owner, LLC and believe it

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to be true based on information available or maintained by this firm. I make this verification

because these Defendants are either a foreign corporation or are not located in New York

County.

DATED: August 10, 2018
New York, New York

Thomas B. Ferris

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.: 155570/2016 (ECF)
ANTHONY MAGNI,

Plaintiff, NOTICE PURSUANT
TO CPLR 2103
v.

THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC,
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS
FOR BUSINESS, LLC., AND G&S CONCEPTS,

Defendants.
-----------------------------------------------------------------------x
POLSINELLI PC, Index No.: 595198/2017 (ECF)

Third-Party Plaintiff,

CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,

Third-Party Defendants.
-----------------------------------------------------------------------x

PLEASE TAKE NOTICE that Defendants Polsinelli PC and Third Avenue Tower

Owner, LLC, by their attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &

YAPCHANYK, hereby serve(s) Notice upon you pursuant to Rule 2103 of the Civil Practice

Law and Rules that it expressly rejects service of papers in this matter upon them by electronic

means.

PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be

affected by express prior written consent to such service by EUSTACE, MARQUEZ,

EPSTEIN, PREZIOSO & YAPCHANYK and by placement thereby of EUSTACE,

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MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK electronic communication number in

the address block of papers filed with the Court.

DATED: August 10, 2018
New York, New York

Yours, etc.

EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendants
POLSINELLI PC AND THIRD AVENUE
TOWER OWNER, LLC
Office and Post Office Address

55 Water Street, 28th Floor

New York, New York 10041

(212) 612-4200
By:

Thomas B. Ferris

To:

Sackstein, Sackstein & Lee, LLP
Attorneys for Plaintiff Lewis Johs Avallone Aviles, LLP

Anthony Magni Attorneys for Third Party Defendant
1140 Franklin Avenue G&S Concepts, Inc.
Garden City, New York 11530 61 Broadway, Suite 2000
New York, New York 10006
Lewis Brisbois Bisgaard & Smith LLP
Attorneys for Defendant OUT OF CASE: DISMISSED AGAINST
Clune Construction Company, L.P. Third Party Defendant, Concepts for
77 Water Street, Suite 2100 Business, Inc.
New York, New York 10005

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.: 155570/2016 (ECF)
ANTHONY MAGNI,

Plaintiff, COMBINED DISCOVERY
DEMANDS AND NOTICE
v. OF DEPOSITION

THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC,
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS
FOR BUSINESS, LLC., AND G&S CONCEPTS,

Defendants.
-----------------------------------------------------------------------x
POLSINELLI PC, Index No.: 595198/2017 (ECF)

Third-Party Plaintiff,

CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,

Third-Party Defendants.
-----------------------------------------------------------------------x

PLEASE TAKE NOTICE, that Defendants Polsinelli PC and Third Avenue Tower Owner,

LLC, by their attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK,

demands that each adverse party afford us the disclosure which this notice and demand specifies:

DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION

A. Each adverse party is to appear for deposition upon oral examination pursuant to

CPLR 3107:

(1) At this date and time: September 10, 2018 at 10:00 am

(2) At this place: Eustace, Marquez, Epstein, Prezioso & Yapchanyk

55 Water Street, 28th Floor

New York, New York 10041

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B. Pursuant to CPLR 3106(d) we designate the following as the identity, description or

title of the particular officer, director, member, or employee of the adverse party specified whose

deposition we desire to take: ALL PARTIES

C. Each deposition witness thus examined is to produce at such time and place, pursuant

to CPLR 3111, all books, papers, and other things which are relevant to the issues in the action

and within that adverse party's possession, custody, or control to be marked as exhibits, and used

on the examination.

PARTY STATEMENTS

Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within

thirty (30) days from the service of this Demand, a complete and legible copy of any statement

made by or taken from any individual party or any officer, agent, or employee of said party.

INSURANCE POLICIES

Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty

(30) days from the service of this Demand, a complete and legible copy of each primary or

excess insurance agreement under which any person carrying on an insurance business may be

liable to satisfy part or all of any judgment which may be entered in this action or to indemnify

or reimburse for payments made to satisfy any such judgment.

ACCIDENT REPORTS

Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty

(30) days from service of this Demand, a complete and legible copy of every written report of the

accident or other event alleged in the complaint prepared in the regular course of that adverse

party's business operations or practices.

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PHOTOGRAPHS AND VIDEOTAPES

Each adverse party is to serve within thirty (30) days from the service of this Demand,

complete and legible photographic or videotape reproductions of any and all photographs,

motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident

or equipment or instrumentality involved in the action or photographs of persons or vehicles

involved (if applicable) made either before, after or at the time of the events in question,

including any photographs or videotapes made of the plaintiff at any time since the incident

referred to in the Complaint.

WITNESSES

Each adverse party is to serve within thirty (30) days from the service of this Demand,

the name and address of each witness to any of the following:

1. The accident, occurrence or any other event set forth in the complaint.

2. Any fact tending to prove actual or constructive notice of any condition which may

give rise to the liability of any person, whether or not a party, for any damages alleged in this

action.

3. Any admission, statement, writing or act of our client.

EXPERT WITNESS MATERIAL

Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from

the service of this request, a statement specifying all of the following data as to each person

whom that adverse party expects to call as an expert witness at trial:

A. The identity of each expert;

B. The subject matter on which each expert is expected to testify, disclosed in reasonable

detail;

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C. The substance of the facts and opinions on which each expert is expected to testify;

D. The qualifications of each expert; and

E. A summary of the grounds for each expert's opinion.

PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any

proof of an expert's qualifications which are different from or additional to those which the

adverse party calling the expert had disclosed in reference to sub-paragraph D.

COLLATERAL SOURCE INFORMATION

Each plaintiff seeking to recover for the cost of medical care, dental care, custodial care

or rehabilitation services, loss of earnings or other economic loss is to serve, pursuant to CPLR

4545(c), within thirty (30) days from the service of this Demand, a statement of all past and

future cost and expense which has been or will, with reasonable certainty, be replaced or

indemnified, in whole or in part, from any collateral source such as insurance (except life

insurance), social security, workers' compensation, or employee benefit programs. Each such

statement is to set forth the name, address, and insurance policy (or other account) number of

each collateral source payor; and, separately stated for each payor, a list specifying the date and

amount of each payment and the name, address, and social security number or other taxpayer

identification number of each payee.

PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS

Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of

this Demand:

Medical Reports and Bills: Copies of the medical reports and bills of those health

professionals who have previously treated or examined the plaintiff. Those reports shall include a

detailed recital of the injuries and conditions as to which testimony will be offered at the trial,

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referring to and identifying those diagnostic tests and technicians' reports which will be offered

at the trial.

B. Medical Authorizations: Duly executed and acknowledged written medical

authorizations, complying with the Health Insurance Portability and Accountability Act

(“HIPAA”), 45 C.F.R. §164.508(a), (using attached form) permitting all parties to obtain and

make copies of the records and notes including any intake sheets, diagnostic tests, X-Rays,

MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical

professionals.

MEDICARE DOCUMENTS

Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this

demand, a complete and legible copy of:

1. Plaintiff’s Medicare Insurance Card

2. All Medicare statements of conditional payments for medical treatment arising out of the

incident which is the subject of this lawsuit.

3. Plaintiff’s Social Security card.

4. All documents pertaining to Medicare benefits received for treatment provided to

plaintiff for injuries and illness arising out of the incident which is the subject of this

lawsuit.

PRODUCTION OF RECORDS AND AUTHORIZATIONS

Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of

this demand duly executed, fully addressed and acknowledged written authorizations permitting

all parties to obtain and make copies of each of the following:

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A. All workers' compensation records and reports of hearings pertaining to the

incident alleged to have occurred in plaintiff's complaint maintained by the workers'

compensation Board and workers' compensation carrier.

B. All records of present and past employment of plaintiff.

C. All records in the no-fault file of any carrier issuing benefits to the plaintiff arising

out of the incident alleged to have occurred in the complaint.

D. All records of the Internal Revenue Service filed by the plaintiff for the calendar

year prior to the date of the incident alleged in the complaint and for the two subsequent years.

Please use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and

signature as required by the IRS.

E. All records of schools attended by plaintiff.

F. All records of each collateral source that has provided and/or in the future will be

providing any payment or reimbursement for expenses incurred because of this

incident.

PHYSICAL OR MENTAL EXAMINATION

Defendant hereby demands, pursuant to CPLR §3121, that plaintiff appear for and submit

to physical, mental and blood examination(s), for all claimed injuries, by a doctor(s) of

defendant's designation-specialties to be determined. This examination(s) shall to be conducted

in said doctor’(s’) office(s) and at a reasonable time following plaintiff’s deposition, but in no

event less than 20 days after the service of this Notice.

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NAMES AND ADDRESSES OF ATTORNEYS

Each adverse party is to serve on us, within thirty (30) days from service of this Demand,

the names and addresses of all attorneys having appeared in this action on behalf of any adverse

party.

PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING

DEMANDS, and that each demand requires that an adverse party who acquires more than thirty

(30) days from the service of this demand any document, information, or thing (including the

opinion of any person whom the adverse party expects to call as an expert witness at trial) which

is responsive to any of the above demands, is to give us prompt written advice to that effect; and,

within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such

information on us and allow us to inspect, copy, test, and photograph each such document or

thing.

PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude

as to any adverse party who does not timely identify any witness, serve any report, or produce

any document, information, or thing which is responsive to a discovery demand set forth in any

of the ensuing paragraphs:

A. From calling any event or notice witness not identified to us or medical expert whose

reports have not been served on us;

B. From calling any other expert witness whose identity, qualifications, and expected

fact and opinion testimony (together with a summary of the grounds for each such opinion) have

not been served on us;

C. From putting in evidence any exhibit not served on us or produced for us to discover,

inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and

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D. From offering any other proof not timely disclosed pursuant to a court order in this

action.

DATED: August 10, 2018
New York, New York

Yours, etc.

EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendants
POLSINELLI PC AND THIRD AVENUE
TOWER OWNER, LLC
Office and Post Ofñce Address
55 Water Street, 28th Floor

New York, New York 10041

(212) 612-4200

Ry
Thomas B. Ferris

To:

Sackstein, Sackstein & Lee, LLP
Attorneys for Plaintiff Lewis Johs Avallone Aviles, LLP

Attorneys for Defendant OUT OF CASE: DISMISSED AGAINST
Clune Construction Company, L.P. Attorneys for Third Party Defendant,
77 Water Street, Suite 2100 Concepts for Business, Inc.
New York, New York 10005

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.: 155570/2016 (ECF)
ANTHONY MAGNI,

Plaintiff, DEMAND FOR VERIFIED
BILL OF PARTICULARS
v.

THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC,
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS
FOR BUSINESS, LLC., AND G&S CONCEPTS,

Defendants.
-----------------------------------------------------------------------x
POLSINELLI PC, Index No.: 595198/2017 (ECF)

Third-Party Plaintiff,

CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,

Third-Party Defendants.
-----------------------------------------------------------------------x

PLEASE TAKE NOTICE, Defendants, Polsinelli PC and Third Avenue Tower Owner,

LLC, by their attorneys, Eustace, Marquez, Epstein, Prezioso & Yapchanyk, demands pursuant

to CPLR 3041-3044, that each Plaintiff furnish, within thirty (30) days of the date of this demand

a Verified Bill of the following particulars:

A. Liability Issues:

1. The legal name, address, date of birth and social security number of each plaintiff,

2. The date and approximate time of day of the alleged accident.

3. The location of the alleged accident.

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4. (a) A statement of the acts or omissions constituting any negligence or other

culpable conduct claimed against this defendant.

(b) If breach of warranty is alleged, state whether said warranty was:

i. expressed or implied;

ii. oral or written;

iii. if written, set forth a copy thereof; and

iv. if oral, state by whom and to whom the alleged warranty was

made, specifying the time, place and persons in sufficient detail to

permit identification.

5. If actual notice is claimed, a statement of when, by whom and to whom actual

notice was given and whether such notice was in writing; also, if such notice was in writing, the

statement is to include the name and address of anyone who has any copy of it.

6. If constructive notice is claimed, a statement of how long any allegedly dangerous

or defective condition existed before the occurrence and who has first-hand knowledge of any

such facts.

7. If any violation is claimed, a citation to each statute, ordinance, regulation, and

other federal, state, or local rule which it is claimed that any defendant we represent has violated.

8. If any prior similar occurrence is claimed, a statement of its date, approximate

time of day and approximate location.

9. If any subsequent repair or other rem

Case Info

Judge

Francis A. Kahn Iii Track Judge’s New Case

Case No.

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Document Filed Date

August 10, 2018

Case Filing Date

July 05, 2016

County

Parties

Anthony Magni Plaintiff
BRECHER, LAURA K. Attorney for the Defendant
Clune Construction Company, L.P. Defendant
Concepts for Business, LLC Defendant
DECICCO, MARK J. Attorney for the Plaintiff
DEVITA, DIANE LYNDA Attorney for the Defendant
FERRIS, THOMAS BRIAN Attorney for the Defendants
FISCHER, CAMILLE ANN Attorney for the Defendant
G&S Concepts, Inc. Defendant
KOUYIALIS, PATRICK COLE Attorney for the Defendants
MACHO, STEPHEN ROBERT Attorney for the Defendant
MAGEE, PATRICK C Attorney for the Defendant
MAHLAN, WILLIAM CHARLES Attorney for the Plaintiff
MICHELL, ROBERT MARK Attorney for the Defendant
Polsinelli PC Defendant
ROGERS, LAURENCE D. Attorney for the Plaintiff
SUHAIL, SANA Attorney for the Defendant
SZECHTER, MICHAEL M. Attorney for the Plaintiff
Third Avenue Tower Owner, LLC Defendant
SEAN LATELLA Attorneys for Defendants
JOHN MARQUEZ Attorneys for Defendants
KEVIN MESCALL Attorneys for Defendants
EDWARD EUSTACE Attorneys for Defendants
Steven Cooper Attorneys for Plaintiffs
ALINA GREEN Attorneys for Defendants
JOHN REBMAN Attorney
MICHAEL SIMON Attorneys for Plaintiffs
LAURENCE MEYERSON Attorneys for Plaintiffs

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Answer: Anthony Magni v. Third Avenue Tower Owner, Llc, Polsinelli Pc, Clune Construction Company, L.P., Concepts For Business, Llc, G&S Concepts, Inc.

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Case Info

Parties