Preview
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X
JAMES GEOFFREY, Index No.: 508174/2023
Plaintiff, DEMAND FOR
PRODUCTION AS TO
-against- PRIOR AND SUBSEQUENT
RELATED INJURIES
SMITELL LLC SMITELL B-1 LLC AND CONDITIONS
and EXTELL DEVELOPMENT COMPANY,
Defendants.
-------------------------------------------------------------------X
SMITELL LLC SMITELL B-1 LLC
and EXTELL DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC and SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby required to
produce and permit discovery, inspection and copying within thirty (30) days after the receipt of
this demand, to the attorneys for the undersigned defendant, the following:
1. If plaintiff has sustained any prior or subsequent injury to any portions of his
body(ies) being claimed as injured in this action, then with respect to any such prior or subsequent
injury, state the portion(s) of the body involved and provide the following:
a. PRODUCE authorizations which will enable the undersigned to obtain all medical
records, hospital records, x-rays, MRI scans and technical and diagnostic reports and
films, directed to any hospital, clinic, diagnostic facility or other health care facility in
which the injured plaintiff is or was confined, treated and/or tested as a result of the
prior or subsequent injury described above.
1 of 4
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023
b. PRODUCE copies of any accident and/or occurrence reports over any incident that
caused, gave rise to, precipitated or otherwise led to the development of the prior or
subsequent injury described above.
c. STATE the caption(s), venue(s) and index number(s) of any action(s) brought as a
result of sustaining the prior or subsequent injury described above and PRODUCE the
following documents from that/those litigation(s):
i. The Summons and Complaint and any Amended and/or Supplemental
Summons and Complaint;
ii. The Bill of Particulars and any Amended and/or Supplemental Bill of
Particulars;
iii. Copies of all medical reports exchanged in the action(s);
iv. Copies of all depositions or otherwise recorded testimony of the plaintiff herein
from the action(s); and,
v. Copies of any General Releases and/or Judgments issued and/or filed in the
action(s).
2. If plaintiff has suffered from any pre-existing or subsequent condition(s) to any
portion of his body(ies) being claimed as injured in this action, state the portion(s) of the body(ies)
involved and provide the following:
a. PRODUCE authorizations which will enable the undersigned to obtain all medical
records, hospital records, x-rays, MRI scans and technical and diagnostic reports and
films, directed to any hospital, clinic, diagnostic facility or other health care facility in
which the injured plaintiff is or was confined, treated and/or tested as a result of the
prior or subsequent injury described above.
b. PRODUCE copies of any accident and/or occurrence reports over any incident that
caused, gave rise to, precipitated or otherwise led to the development of the prior or
subsequent injury described above.
c. STATE the caption(s), venue(s) and index number(s) of any action(s) brought as a
result of sustaining the prior or subsequent injury described above and PRODUCE the
following documents from that/those litigation(s):
i. The Summons and Complaint and any Amended and/or Supplemental
Summons and Complaint;
ii. The Bill of Particulars and any Amended and/or Supplemental Bill of
Particulars;
2
2 of 4
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023
iii. Copies of all medical reports exchanged in the action(s);
iv. Copies of all depositions or otherwise recorded testimony of the plaintiff herein
from the action(s); and,
v. Copies of any General Releases and/or Judgments issued and/or filed in the
action(s).
3. Authorizations which will enable the undersigned to obtain the complete office
record, including but not limited to all X-Rays, MRIs, CT Scans and other diagnostic films of any
and all doctors who treated, examined and/or saw plaintiff herein for the condition, injury or
infirmity for which damages are sought in this action, whether or not the physician will testify at
the time of trial.
PLEASE TAKE NOTICE, that upon your failure to comply with the above-mentioned
demands, said defendants will move this court for those sanctions and remedies which are deemed
appropriate under the laws of New York State.
PLEASE TAKE FURTHER NOTICE, that these are continuing demands and that if you
obtain any of the information demanded herein subsequent to the service of this notice, then said
information is to be furnished to the defendants whenever obtained and said defendants will object
at the time of trial to the offering into evidence of any of the information which has been demanded.
Dated: Purchase, New York
October 16, 2023
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
By: ____________________
Elise Herlihy
Attorneys for Third-Party Defendant
Sunshine MF II, LLC
100 Manhattanville Road, Suite 4E20
Purchase, New York 10577
(914) 231-8075
File No.: 712-24998
3
3 of 4
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023
eherlihy@milbermakris.com
TO: Jason T. Herbert, Esq.
KRENTSEL GUZMAN HERBERT, LLP.
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
Timothy J. Dunn, III
REBORE, THORPE & PISARELLO, P.C.
Attorneys for Defendants/Third-Party Plaintiffs
Smitell LLC, Smittell B-1 LLC,
and Extell Development Company
500 Bi-County Blvd., Suite 102
Farmingdale, New York 11735
(631) 249-6600
SILVERLINING INTERIORS, INC.
2091 Broadway, 3rd Floor
New York, New York 10004
4
4 of 4
Preview
FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X JAMES GEOFFREY, Index No.: 508174/2023 Plaintiff, DEMAND FOR PRODUCTION AS TO -against- PRIOR AND SUBSEQUENT RELATED INJURIES SMITELL LLC SMITELL B-1 LLC AND CONDITIONS and EXTELL DEVELOPMENT COMPANY, Defendants. -------------------------------------------------------------------X SMITELL LLC SMITELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC and SILVERLINING INTERIORS, INC., Third-Party Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby required to produce and permit discovery, inspection and copying within thirty (30) days after the receipt of this demand, to the attorneys for the undersigned defendant, the following: 1. If plaintiff has sustained any prior or subsequent injury to any portions of his body(ies) being claimed as injured in this action, then with respect to any such prior or subsequent injury, state the portion(s) of the body involved and provide the following: a. PRODUCE authorizations which will enable the undersigned to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports and films, directed to any hospital, clinic, diagnostic facility or other health care facility in which the injured plaintiff is or was confined, treated and/or tested as a result of the prior or subsequent injury described above. 1 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023 b. PRODUCE copies of any accident and/or occurrence reports over any incident that caused, gave rise to, precipitated or otherwise led to the development of the prior or subsequent injury described above. c. STATE the caption(s), venue(s) and index number(s) of any action(s) brought as a result of sustaining the prior or subsequent injury described above and PRODUCE the following documents from that/those litigation(s): i. The Summons and Complaint and any Amended and/or Supplemental Summons and Complaint; ii. The Bill of Particulars and any Amended and/or Supplemental Bill of Particulars; iii. Copies of all medical reports exchanged in the action(s); iv. Copies of all depositions or otherwise recorded testimony of the plaintiff herein from the action(s); and, v. Copies of any General Releases and/or Judgments issued and/or filed in the action(s). 2. If plaintiff has suffered from any pre-existing or subsequent condition(s) to any portion of his body(ies) being claimed as injured in this action, state the portion(s) of the body(ies) involved and provide the following: a. PRODUCE authorizations which will enable the undersigned to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports and films, directed to any hospital, clinic, diagnostic facility or other health care facility in which the injured plaintiff is or was confined, treated and/or tested as a result of the prior or subsequent injury described above. b. PRODUCE copies of any accident and/or occurrence reports over any incident that caused, gave rise to, precipitated or otherwise led to the development of the prior or subsequent injury described above. c. STATE the caption(s), venue(s) and index number(s) of any action(s) brought as a result of sustaining the prior or subsequent injury described above and PRODUCE the following documents from that/those litigation(s): i. The Summons and Complaint and any Amended and/or Supplemental Summons and Complaint; ii. The Bill of Particulars and any Amended and/or Supplemental Bill of Particulars; 2 2 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023 iii. Copies of all medical reports exchanged in the action(s); iv. Copies of all depositions or otherwise recorded testimony of the plaintiff herein from the action(s); and, v. Copies of any General Releases and/or Judgments issued and/or filed in the action(s). 3. Authorizations which will enable the undersigned to obtain the complete office record, including but not limited to all X-Rays, MRIs, CT Scans and other diagnostic films of any and all doctors who treated, examined and/or saw plaintiff herein for the condition, injury or infirmity for which damages are sought in this action, whether or not the physician will testify at the time of trial. PLEASE TAKE NOTICE, that upon your failure to comply with the above-mentioned demands, said defendants will move this court for those sanctions and remedies which are deemed appropriate under the laws of New York State. PLEASE TAKE FURTHER NOTICE, that these are continuing demands and that if you obtain any of the information demanded herein subsequent to the service of this notice, then said information is to be furnished to the defendants whenever obtained and said defendants will object at the time of trial to the offering into evidence of any of the information which has been demanded. Dated: Purchase, New York October 16, 2023 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP By: ____________________ Elise Herlihy Attorneys for Third-Party Defendant Sunshine MF II, LLC 100 Manhattanville Road, Suite 4E20 Purchase, New York 10577 (914) 231-8075 File No.: 712-24998 3 3 of 4 FILED: KINGS COUNTY CLERK 10/16/2023 03:08 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 10/16/2023 eherlihy@milbermakris.com TO: Jason T. Herbert, Esq. KRENTSEL GUZMAN HERBERT, LLP. Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 Timothy J. Dunn, III REBORE, THORPE & PISARELLO, P.C. Attorneys for Defendants/Third-Party Plaintiffs Smitell LLC, Smittell B-1 LLC, and Extell Development Company 500 Bi-County Blvd., Suite 102 Farmingdale, New York 11735 (631) 249-6600 SILVERLINING INTERIORS, INC. 2091 Broadway, 3rd Floor New York, New York 10004 4 4 of 4