On March 15, 2023 a
Party Notice
was filed
involving a dispute between
Duberney Rincon-Leon,
and
35-01 Astoria Owner, Llc,
Aki Renovations, Inc.,
Rjb Contracting Carting Corp. D B A Armteck Construction Corp.,
Smb Qozb 1, Llc,
Sm Qozb 1, Llc,
for Torts - Other Negligence (Labor Law)
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.: 705517/2023
____________---------------___________---------------------------_____Ç
DUBERNEY RINCON-LEON,
NOTICE OF DISCOVERY
Plaintiff(s), AND INSPECTION
-against-
35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB
CONTRACTING CARTING CORP. D/B/A ARMTECK
CONSTRUCTION CORP., and AKI RENOVATIONS,
INC.,
Defendant(s).
______________________________________--------______------------------X
PLEASE TAKE NOTICE, that the Plaintiff demands that the Defendant(s), and each of
them, produce and allow discovery and inspection to be made by the Plaintiff s attorneys of:
1. The primary liability insurance policy insuring the Defendant(s) March 8, 2023,
which may be liable to satisfy part, or all of the judgment entered herein or to indemnify or
reimburse for payment made to satisfy any such judgment.
2. Any personal, umbrella, excess or other insurance agreements covering the
Defendant(s) on March 8, 2023, which may be liable to satisfy part or all of the judgment entered
herein or to indemnify or reimburse for payment made to satisfy any such judgment.
This demand explicitly requires a response from the Defendant(s) in person and under oath
Known"
regarding the existence of such other coverage and responses such as "None or "None to the
Knowledge" Defendant(s)'
Best of Our from counsel will be deemed non-compliant.
3. All contracts between defendants and any third parties regarding construction/renovation
work being performed at the aforesaid premises for six months prior to and including date of incident.
4. All work orders, progress reports, progress photographs, inspection records,
safety meeting minutes for construction work being performed on subject premises for six
1 of 2
FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2023
months prior to and including date of incident.
5. Copy of any and all accident reports and/or statements related to the subject
incident.
6. Copies of the daily reports for the subject premises for six months prior to and
including date of incident.
7. Copies of the safety reports for the subject premises for six months prior to and
including date of incident.
The above discovery may be complied with by sending true copies of the aforementioned
documents to the undersigned on or before the date mentioned above.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that
if any of the above items are obtained or come into the possession of the Defendant(s), their agents,
servants, employees and/or attorneys after the date of this demand, they are to be furnished pursuant
to this demand.
Dated: Melville, New York
August 4, 2023
Yours, etc.
/s/ Mehmet F. Gokee
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
2 of 2
Document Filed Date
August 04, 2023
Case Filing Date
March 15, 2023
Category
Torts - Other Negligence (Labor Law)
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FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 705517/2023 ____________---------------___________---------------------------_____Ç DUBERNEY RINCON-LEON, NOTICE OF DISCOVERY Plaintiff(s), AND INSPECTION -against- 35-01 ASTORIA OWNER, LLC, SM QOZB 1, LLC, RJB CONTRACTING CARTING CORP. D/B/A ARMTECK CONSTRUCTION CORP., and AKI RENOVATIONS, INC., Defendant(s). ______________________________________--------______------------------X PLEASE TAKE NOTICE, that the Plaintiff demands that the Defendant(s), and each of them, produce and allow discovery and inspection to be made by the Plaintiff s attorneys of: 1. The primary liability insurance policy insuring the Defendant(s) March 8, 2023, which may be liable to satisfy part, or all of the judgment entered herein or to indemnify or reimburse for payment made to satisfy any such judgment. 2. Any personal, umbrella, excess or other insurance agreements covering the Defendant(s) on March 8, 2023, which may be liable to satisfy part or all of the judgment entered herein or to indemnify or reimburse for payment made to satisfy any such judgment. This demand explicitly requires a response from the Defendant(s) in person and under oath Known" regarding the existence of such other coverage and responses such as "None or "None to the Knowledge" Defendant(s)' Best of Our from counsel will be deemed non-compliant. 3. All contracts between defendants and any third parties regarding construction/renovation work being performed at the aforesaid premises for six months prior to and including date of incident. 4. All work orders, progress reports, progress photographs, inspection records, safety meeting minutes for construction work being performed on subject premises for six 1 of 2 FILED: QUEENS COUNTY CLERK 08/04/2023 04:15 PM INDEX NO. 705517/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2023 months prior to and including date of incident. 5. Copy of any and all accident reports and/or statements related to the subject incident. 6. Copies of the daily reports for the subject premises for six months prior to and including date of incident. 7. Copies of the safety reports for the subject premises for six months prior to and including date of incident. The above discovery may be complied with by sending true copies of the aforementioned documents to the undersigned on or before the date mentioned above. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any of the above items are obtained or come into the possession of the Defendant(s), their agents, servants, employees and/or attorneys after the date of this demand, they are to be furnished pursuant to this demand. Dated: Melville, New York August 4, 2023 Yours, etc. /s/ Mehmet F. Gokee 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 2 of 2