Preview
FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.: 705517/2023
------_____________--_____-------________--_...____--------__________Ç
DUBERNEY RINCON-LEON,
RESPONSE TO
Plaintiff(s),
DEFENDANTS'
DEMANDS
-against-
35-01ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB
CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., and AKI RENOVATIONS, INC.,
Defendant(s).
_________________________--------------------------____..----.X
The Plaintiff, DUBERNEY RINCON-LEON, by his attorneys, CHAIKIN PLLC, as and
Defendants'
for a response to the Demands, dated June 23, 2023, alleges upon information and
belief, as follows:
GENERAL OBJECTIONS
Each and every one of the following objections Each and every one of the following
objections is incorporated into each and every response as if more fully set forth herein:
1. Plaintiff objects to every discovery and inspection demand to the extent that it: (a)
seeks information and/or materials beyond the scope of discovery pursuant to C.P.L.R. and local
rules of discovery; (b) seeks information and/or materials beyond the scope of any Court Order;
(c) may otherwise be construed to require responses beyond that required by applicable laws.
2. Plaintiff objects generally to each and every discovery and inspection demand to
the extent that it is unduly burdensome, prolix and oppressive insofar as it seeks information and
Defendants'
materials within knowledge, possession and/or control.
3. Plaintiff objects generally to each and every discovery and inspection demand to the
extent that it seeks information and/or materials not relevant to the issue raised in this lawsuit and
not reasonably calculated to lead to the discovery of admissible evidence.
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INADVERTENT PRODUCTION
Inadvertent production of any document shall not constitute a waiver of any privilege or
other ground for objecting to discovery with respect to such documents, or any other
any
document, or with respect to the subject matter thereof, or the information contained therein, nor
shall such inadvertent production waive the right of the plaintiffs to object to the use of any such
documents or the information contained therein during this or any subsequent proceeding.
RESERVATION OF RIGHTS
Plaintiff reserves the right to: (a) produce to Defendants any document relating to the
subject matter of a demand that is objected to on the ground of burden, overbreadth or vagueness
that would have been produced pursuant to a properly drawn demand relating to the same subject
matter; (b) produce documents at the office of its counsel; and (c) to produce only the responsive
portions of documents where such documents also contain information which is not responsive
to a demand or is privileged.
DEMAND FOR MEDICAL INFORMATION:
Annexed hereto are authorizations to obtain copies of the following medical records, reports,
notes, reports of diagnostic tests relating to Plaintiff:
Elmhurst Hospital Center, 79-01 Broadway, Elmhurst, NY 11373;
DHD Medical, 265 Madison Avenue, 4th Floor, New York, NY 10016;
Stand-Up MRI of Manhattan, 301 East 55th Street, Suite 102, New York, NY 10022.
DEMANDS FOR MEDICAL AUHTORIZATIONS:
Annexed hereto are client's HIPAA Compliant authorizations to obtain records, films and
bills from the following providers:
Elmhurst Hospital Center, 79-01 Broadway, Elmhurst, NY 11373; $13K
DHD Medical, 265 Madison Avenue, 4th Floor, New York, NY 10016;
Stand-Up MRI of Manhattan, 301 East 55th Street, Suite 102, New York, NY 10022.
DEMAND FOR EMPLOYMENT RECORDS:
Annexed hereto is our client's authorization to obtain his employment records from LCS
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Restoration Corp, 725 East 135th Street, Bronx, NY 10454.
DEMAND FOR COLLATERAL SOURCE:
Annexed hereto is our client's authorization to obtain his records from New York State
Insurance Fund, P.O. Box 66699, Albany, NY 12206. The claim number is 74050576.
DEMAND FOR WORKERS COMPENSATION:
Annexed hereto is our client's authorization to obtain his records from New York State
Insurance Fund, P.O. Box 66699, Albany, NY 12206. The claim number is 74050576.
DEMAND FOR WITNESSES:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR STATEMENTS:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR INCIDENT/ACCIDENT REPORTS:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR PHOTOGRAPHS:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR VIDEOS/MOVIES:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
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DEMAND FOR INCOME TAX RECORDS:
Not applicable. The plaintiff was not self-employed at the time of the incident.
DEMAND FOR EXPERT WITNESS:
Plaintiff has not designated any experts at this time. If and when any expert witness is
retained, expert disclosure will be provided pursuant to CPLR §3101. Plaintiff intends to call his
treating medical providers which will base their testimony and opinion on their examination of
the Plaintiff, review of their medical records and diagnostic tests and upon their expertise in their
respective medical professions.
DEMAND FOR LIENS:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR MEDICAID INFORMATION:
Not applicable.
DEMAND FOR MEDICARE INFORMATION:
Not applicable.
DEMAND FOR INSURANCE INFORMATION:
Plaintiff is not currently in possession of any documentation responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
DEMAND FOR SCHOOL RECORDS:
Not applicable.
DEMAND FOR SOCIAL SECURITY RECORDS:
Not Applicable. A claim was not made pursuant to the social security law as a result of this
incident.
DEMAND FOR PRIOR SIMILAR INJURIES LAWSUIT INFORMATION:
Not applicable.
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DEMAND FOR INSURANCE AGREEMENT:
Plaintiff is not currently in possession of any information responsive to this demand.
However, a supplemental response will be provided if additional information and/or
documentation becomes available prior to and including the time of trial.
Dated: Melville, New York
August 4, 2023
Yours, etc.
/s/ Mehmet F. Gokce
MEHMET GOKCE, ESQ.
CHAIKIN PLLC
Attorneys for Plaintiff
DUBERNEY RINCON-LEON
445 Broadhollow Road, Suite 232
Melville, New York 11747
(212) 977-2020
TO:
COFFEY MODICA O'MEARA LLP
Attorneys for Defendants
35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB CONTRACTING
CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP. and AKI
RENOVATIONS, INC.
200 E. Post Road, Suite 210
White Plains, NY 10601
(212) 827-4501
File No. 1081-0056
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AUTHORIZATIONS
INTENTIONALLY OMITTED FROM EFILING
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Preview
FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 705517/2023 ------_____________--_____-------________--_...____--------__________Ç DUBERNEY RINCON-LEON, RESPONSE TO Plaintiff(s), DEFENDANTS' DEMANDS -against- 35-01ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., and AKI RENOVATIONS, INC., Defendant(s). _________________________--------------------------____..----.X The Plaintiff, DUBERNEY RINCON-LEON, by his attorneys, CHAIKIN PLLC, as and Defendants' for a response to the Demands, dated June 23, 2023, alleges upon information and belief, as follows: GENERAL OBJECTIONS Each and every one of the following objections Each and every one of the following objections is incorporated into each and every response as if more fully set forth herein: 1. Plaintiff objects to every discovery and inspection demand to the extent that it: (a) seeks information and/or materials beyond the scope of discovery pursuant to C.P.L.R. and local rules of discovery; (b) seeks information and/or materials beyond the scope of any Court Order; (c) may otherwise be construed to require responses beyond that required by applicable laws. 2. Plaintiff objects generally to each and every discovery and inspection demand to the extent that it is unduly burdensome, prolix and oppressive insofar as it seeks information and Defendants' materials within knowledge, possession and/or control. 3. Plaintiff objects generally to each and every discovery and inspection demand to the extent that it seeks information and/or materials not relevant to the issue raised in this lawsuit and not reasonably calculated to lead to the discovery of admissible evidence. 1 of 6 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 INADVERTENT PRODUCTION Inadvertent production of any document shall not constitute a waiver of any privilege or other ground for objecting to discovery with respect to such documents, or any other any document, or with respect to the subject matter thereof, or the information contained therein, nor shall such inadvertent production waive the right of the plaintiffs to object to the use of any such documents or the information contained therein during this or any subsequent proceeding. RESERVATION OF RIGHTS Plaintiff reserves the right to: (a) produce to Defendants any document relating to the subject matter of a demand that is objected to on the ground of burden, overbreadth or vagueness that would have been produced pursuant to a properly drawn demand relating to the same subject matter; (b) produce documents at the office of its counsel; and (c) to produce only the responsive portions of documents where such documents also contain information which is not responsive to a demand or is privileged. DEMAND FOR MEDICAL INFORMATION: Annexed hereto are authorizations to obtain copies of the following medical records, reports, notes, reports of diagnostic tests relating to Plaintiff: Elmhurst Hospital Center, 79-01 Broadway, Elmhurst, NY 11373; DHD Medical, 265 Madison Avenue, 4th Floor, New York, NY 10016; Stand-Up MRI of Manhattan, 301 East 55th Street, Suite 102, New York, NY 10022. DEMANDS FOR MEDICAL AUHTORIZATIONS: Annexed hereto are client's HIPAA Compliant authorizations to obtain records, films and bills from the following providers: Elmhurst Hospital Center, 79-01 Broadway, Elmhurst, NY 11373; $13K DHD Medical, 265 Madison Avenue, 4th Floor, New York, NY 10016; Stand-Up MRI of Manhattan, 301 East 55th Street, Suite 102, New York, NY 10022. DEMAND FOR EMPLOYMENT RECORDS: Annexed hereto is our client's authorization to obtain his employment records from LCS 2 of 6 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 Restoration Corp, 725 East 135th Street, Bronx, NY 10454. DEMAND FOR COLLATERAL SOURCE: Annexed hereto is our client's authorization to obtain his records from New York State Insurance Fund, P.O. Box 66699, Albany, NY 12206. The claim number is 74050576. DEMAND FOR WORKERS COMPENSATION: Annexed hereto is our client's authorization to obtain his records from New York State Insurance Fund, P.O. Box 66699, Albany, NY 12206. The claim number is 74050576. DEMAND FOR WITNESSES: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR STATEMENTS: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR INCIDENT/ACCIDENT REPORTS: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR PHOTOGRAPHS: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR VIDEOS/MOVIES: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. 3 of 6 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 DEMAND FOR INCOME TAX RECORDS: Not applicable. The plaintiff was not self-employed at the time of the incident. DEMAND FOR EXPERT WITNESS: Plaintiff has not designated any experts at this time. If and when any expert witness is retained, expert disclosure will be provided pursuant to CPLR §3101. Plaintiff intends to call his treating medical providers which will base their testimony and opinion on their examination of the Plaintiff, review of their medical records and diagnostic tests and upon their expertise in their respective medical professions. DEMAND FOR LIENS: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR MEDICAID INFORMATION: Not applicable. DEMAND FOR MEDICARE INFORMATION: Not applicable. DEMAND FOR INSURANCE INFORMATION: Plaintiff is not currently in possession of any documentation responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. DEMAND FOR SCHOOL RECORDS: Not applicable. DEMAND FOR SOCIAL SECURITY RECORDS: Not Applicable. A claim was not made pursuant to the social security law as a result of this incident. DEMAND FOR PRIOR SIMILAR INJURIES LAWSUIT INFORMATION: Not applicable. 4 of 6 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 DEMAND FOR INSURANCE AGREEMENT: Plaintiff is not currently in possession of any information responsive to this demand. However, a supplemental response will be provided if additional information and/or documentation becomes available prior to and including the time of trial. Dated: Melville, New York August 4, 2023 Yours, etc. /s/ Mehmet F. Gokce MEHMET GOKCE, ESQ. CHAIKIN PLLC Attorneys for Plaintiff DUBERNEY RINCON-LEON 445 Broadhollow Road, Suite 232 Melville, New York 11747 (212) 977-2020 TO: COFFEY MODICA O'MEARA LLP Attorneys for Defendants 35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP. and AKI RENOVATIONS, INC. 200 E. Post Road, Suite 210 White Plains, NY 10601 (212) 827-4501 File No. 1081-0056 5 of 6 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/04/2023 AUTHORIZATIONS INTENTIONALLY OMITTED FROM EFILING 6 of 6