Preview
FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------x Index No.: 155570/2016
ANTHONY MAGNI, (ECF)
Plaintiff,
v.
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, RESPONSE TO NOTICE
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR DISCOVERY AND
FOR BUSINESS, LLC., AND G&S CONCEPTS, INSPECTION
Defendant/Third-Party Plaintiffs.
-------------------------------------------------------------------------x
-------------------------------------------------------------------------x Index No.: 595198/2017 (ECF)
POLSINELLI PC,
Third-Party Plaintiff,
v.
CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,
Third-Party Defendant/Third-
Party Plaintiffs.
-------------------------------------------------------------------------x
PLEASE TAKE NOTICE that Defendant/Third-Party Plaintiff/Third Party Plaintiff,
Polsinelli PC, by its attorneys, Eustace, Marquez, Epstein, Prezioso & Yapchanyk, responds to
Plaintiff, Anthony Magni’s Notice for Discovery and Inspection dated January 26, 2017 as
follows:
1. Defendant/Third-Party Plaintiff herein is not in possession of any adverse party
statements.
2. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents.
3. Defendant/Third-Party Plaintiff herein is not in possession of any photographs
depicting the plaintiff.
3a.Defendant/Third-Party Plaintiff herein is not in possession of any videotapes and/or
recording of the subject premises.
4. Annexed hereto as Exhibit “A”, please find three color photographs taken at the time
of the occurrence depicting a metal shelving rack on the floor and another rack alongside an
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adjoining wall.
5. Defendant/Third-Party Plaintiff herein is not in possession of any photographs other
than those annexed to hereto as Exhibit “A”.
6. Annexed hereto as Exhibit “B”, please find an accident report by Clune Construction
Company.
7a. Defendant/Third-Party Plaintiff herein is not aware of any notice and/or eyewitnesses
to this alleged occurrence.
7b. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
7c. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
7d. Further discovery, including depositions, must be completed in order to accurately
respond to this directive.
7e. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
7f. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
8. Defendant/Third-Party Plaintiff herein has not yet decided whom they will call as
expert witnesses to testify at the time of trial of this action, but hereby reserves all such rights
pursuant to CPLR § 3101 (d)(1).
9. Please be advised that we have been informed by the Chubb Group of Insurance
Companies, a division of Federal Insurance Company, that there is $1,000,000 primary coverage
issued by Great Northern Insurance Company, policy number 35857068, with a $2,000,000
aggregate applicable to this litigation. Information regarding excess insurance will follow under
separate cover, if applicable.
10. See response to number 9.
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11. Annexed hereto as Exhibit “C”, please find: Quotation of products between Concepts
for Business, LLC. and Polsinelli, P.C. and the Agreement between Polsinelli PC and Clune
Construction Company LP.
12. Please refer to Exhibit “C” for this information.
13. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
14. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
15. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
16. Defendant/Third-Party Plaintiff herein is unaware of any complaints concerning any
dangerous or defective conditions.
17. Annexed hereto as Exhibit “D”, please find the daily report log on 2/10/16 from Clune
Construction Company.
18. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
19. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
20. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
21. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
22. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents. We respectfully defer to the adverse parties.
23. Defendant/Third-Party Plaintiff herein is not in possession of any responsive
documents.
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24. Defendant'fhird-Party Plaintiff herein is not in possessien of any responsive
documents.
25. DefeñdardThird-Party Plaintiff herein is not in possession of any responsive
documents.
26. DefcñdardThird-Party Plaintiff herein is not in penaonalun of any responsive
documents. We respectfully defer to the adverse parties.
27. Def:ñdant'fhird-Party Plaintiff herein is not in pu3aomalun of any responsive
documents.
Plaintiff reserves the right to amend and/or suppk=
Defeñdsñt'fhird-Party hereby
this response up to and iñcludiñg the time of trial.
DATED: December 10, 2018
New York, New York
EUSTACE, MARQUEZ, EPSTEIN,
PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third-Party
Plaintiff
Polsinelli PC
55 Water Street, 29th Floor
New York, New York 10041
(212) 612-4200
By:
Thomas B. Ferris
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Index No.: 155570/2016 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Plaintiff,
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE
CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR BUSINESS, LLC.,
AND G&S CONCEPTS,
Defendants
AND THIRD-PARTY ACTION.
RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION
_______________________________________________________________
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third-Party Plaintiff
Polsinelli PC
Office and Post Office Address
55 Water Street, 29th Floor
New York, New York 10041
(212) 612-4200
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Preview
FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------x Index No.: 155570/2016 ANTHONY MAGNI, (ECF) Plaintiff, v. THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, RESPONSE TO NOTICE CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR DISCOVERY AND FOR BUSINESS, LLC., AND G&S CONCEPTS, INSPECTION Defendant/Third-Party Plaintiffs. -------------------------------------------------------------------------x -------------------------------------------------------------------------x Index No.: 595198/2017 (ECF) POLSINELLI PC, Third-Party Plaintiff, v. CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS, INC., Third-Party Defendant/Third- Party Plaintiffs. -------------------------------------------------------------------------x PLEASE TAKE NOTICE that Defendant/Third-Party Plaintiff/Third Party Plaintiff, Polsinelli PC, by its attorneys, Eustace, Marquez, Epstein, Prezioso & Yapchanyk, responds to Plaintiff, Anthony Magni’s Notice for Discovery and Inspection dated January 26, 2017 as follows: 1. Defendant/Third-Party Plaintiff herein is not in possession of any adverse party statements. 2. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. 3. Defendant/Third-Party Plaintiff herein is not in possession of any photographs depicting the plaintiff. 3a.Defendant/Third-Party Plaintiff herein is not in possession of any videotapes and/or recording of the subject premises. 4. Annexed hereto as Exhibit “A”, please find three color photographs taken at the time of the occurrence depicting a metal shelving rack on the floor and another rack alongside an 1 of 5 FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018 adjoining wall. 5. Defendant/Third-Party Plaintiff herein is not in possession of any photographs other than those annexed to hereto as Exhibit “A”. 6. Annexed hereto as Exhibit “B”, please find an accident report by Clune Construction Company. 7a. Defendant/Third-Party Plaintiff herein is not aware of any notice and/or eyewitnesses to this alleged occurrence. 7b. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 7c. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 7d. Further discovery, including depositions, must be completed in order to accurately respond to this directive. 7e. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 7f. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 8. Defendant/Third-Party Plaintiff herein has not yet decided whom they will call as expert witnesses to testify at the time of trial of this action, but hereby reserves all such rights pursuant to CPLR § 3101 (d)(1). 9. Please be advised that we have been informed by the Chubb Group of Insurance Companies, a division of Federal Insurance Company, that there is $1,000,000 primary coverage issued by Great Northern Insurance Company, policy number 35857068, with a $2,000,000 aggregate applicable to this litigation. Information regarding excess insurance will follow under separate cover, if applicable. 10. See response to number 9. 2 of 5 FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018 11. Annexed hereto as Exhibit “C”, please find: Quotation of products between Concepts for Business, LLC. and Polsinelli, P.C. and the Agreement between Polsinelli PC and Clune Construction Company LP. 12. Please refer to Exhibit “C” for this information. 13. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 14. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 15. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 16. Defendant/Third-Party Plaintiff herein is unaware of any complaints concerning any dangerous or defective conditions. 17. Annexed hereto as Exhibit “D”, please find the daily report log on 2/10/16 from Clune Construction Company. 18. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 19. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 20. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 21. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 22. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. We respectfully defer to the adverse parties. 23. Defendant/Third-Party Plaintiff herein is not in possession of any responsive documents. 3 of 5 FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018 24. Defendant'fhird-Party Plaintiff herein is not in possessien of any responsive documents. 25. DefeñdardThird-Party Plaintiff herein is not in possession of any responsive documents. 26. DefcñdardThird-Party Plaintiff herein is not in penaonalun of any responsive documents. We respectfully defer to the adverse parties. 27. Def:ñdant'fhird-Party Plaintiff herein is not in pu3aomalun of any responsive documents. Plaintiff reserves the right to amend and/or suppk= Defeñdsñt'fhird-Party hereby this response up to and iñcludiñg the time of trial. DATED: December 10, 2018 New York, New York EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third-Party Plaintiff Polsinelli PC 55 Water Street, 29th Floor New York, New York 10041 (212) 612-4200 By: Thomas B. Ferris 4 of 5 FILED: NEW YORK COUNTY CLERK 12/10/2018 03:21 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 12/10/2018 Index No.: 155570/2016 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Plaintiff, -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR BUSINESS, LLC., AND G&S CONCEPTS, Defendants AND THIRD-PARTY ACTION. RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION _______________________________________________________________ EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third-Party Plaintiff Polsinelli PC Office and Post Office Address 55 Water Street, 29th Floor New York, New York 10041 (212) 612-4200 5 of 5