Preview
FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
February 9, 2023
VIA EFILE ONLY
Marks, O'Neill, O'Brien, Doherty & Kelly, P.C.
600 Third Avenue, Suite 1501
New York, NY 10016
Re: Rullan v. Shimon
Your File No.1929.110986
Our File No. 21-1141
Dear Counselors:
On March 3, 2022, we served your office with a Notice for Discovery and Inspection and
Combined Discovery Demands.(A courtesy copy is enclosed herewith).
To date, we have not received discovery responses from your office.Please allow this letter
to serve as our good faith effort to obtain this necessary discovery within the next 20 (twenty days)
without the need for court intervention.
Furthermore, the depositions of all parties remain outstanding. Please contact our office to
schedule same upon receipt of this letter.
Please consider this our final good faith attempt.
Thank you for your prompt attention and cooperation.
Very truly yours,
�If!�
MICHAEL M. GOLDBERG
MMG/dr
Enclosures
Email - info@carcras hadvisor.com
Long Island Office - 265 Sunrise Highway, Suite 32 I Rockville Centre, New York 11570 (Direct all mail to this office)
NewYorkOffice -136MadisonAvenue,6th Floor I New York, NewYork10016 (By appointment only)
Office: (212) 481-0011 I Cell: (516) 445-8022 I Fax: (212) 481-4144
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------X
CAROLINE RULLAN
NOTICE OF DISCOVERY
Plaintiff(s), AND INSPECTION AND
COMBINED DEMAND
-against-
Index No. 532721/2021
ITA SHIMON AND JACOB SHIMON
Defendant(s).
________________________________________----X
PLEASE TAKE NOTICE, that the Plaintiff(s) demand(s) that the Defendant(s), and each
of them, produce and allow discovery and inspection to be made by the Plaintiff s attorneys of:
1. Any and all original policies of insurance (both primary and excess) together with
any and all endorsements relating thereto, whether or not physically annexed to the
original policies of insurance, which were in force and effect and relating in any way
to the accident/occurrence which gave rise to this action.
2. Any and all photographs showing the scene, site or location of the
accident/occurrence taken at any time following and for a period of one (1) year prior
to the accident/occurrence.
3. All reports, incident reports, statements made in the regular course of business of the
Defendant(s), whether written, recorded or otherwise, and whether or not made
exclusively for litigation purposes, and relating to the occurrence in which the
Plaintiff(s) claim(s) injury.
4. All records of inspection, maintenance and/or repair regarding the premises located
44*
at 1670 Street, Kings County, New York State, as of May 25, 2021, and for a
period of two (2) years prior thereto.
5. All permit applications made to, and permits issued by, the City of New York
concerning construction, renovation or alteration work concerning the premises
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
located at 1670 44th Street, Kings County, New York State, for a period of one (1)
year prior to May 25, 2021.
6. All contracts, writing, receipts, photos, estimates and agreements, in the Defendant's
possession, related to construction, renovation, alteration, repair or improvement
44*
work at 1670 Street, Kings County, New York State, as of May 25, 2021 for a
period of one (1) year prior thereto.
7. All records, books and things, of whatever kind, kept in the regular course of
business ofthe Defendant(s) concerning written or oral complaints received from any
44*
source of any kind whatsoever and relating to the premises located at 1670
Street, Kings County, New York State, as of May 25, 2021, and for a period of two
years prior thereto.
8. The name and address of each person claimed to be a witness by any party that you
represent to any of the following:
(a) the occurrence alleged in the Complaint;
(b) as an eyewitness to the occurrence alleged in the Complaint and/or
circumstances regarding the same;
(c) any acts, omissions or conditions which allegedly caused the occurrence
alleged in the Complaint;
(d) first-hand knowledge of the condition ofthe site ofthe occurrence at the time
of the occurrence;
(e) the nature and duration of the condition alleged by the Plaintiff(s) to have
caused the occurrence alleged in the Complaint; and
(f) any admission or statement allegedly made by the Plaintiff(s) concerning the
happening of the occurrence alleged in the Complaint.
9. The name and address of any expert the Defendant(s) expect(s) to call at the time of
trial setting forth:
(g) the subject matter on which each expert is expected to testify;
(h) the substance of the facts and opinions each expert is expected to testify on;
(i) the qualifications of each expert; and
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
(j) the summary of grounds for the opinion expressed by each expert.
This is a continuing demand, and in the event knowledge is acquired ofthe name and address
of any person claimed to be a witness or participant to the occurrence which gave rise to the
commencement of this action, or who has been consulted as an expert, and such knowledge is
acquired subsequent to the receipt of this demand, up to and including the trial of this action, you
are required to set forth in writing, and under oath, the name and address of such persons. In the
event this Demand is not complied with, the Plaintiff(s) will, upon the trial of this action, move the
Court to preclude and forbid the testimony of any witness offered by the Defendant(s) as to whom
the name and address has not thereto been furnished to the Plaintiff s attorneys, pursuant to this
Demand.
10. Copies of all statements, whether signed or unsigned, whether recorded, from the
Plaintiff(s), or any of them, in or to the accident/occurrence.
11. The name and address of every person, firm, business entity or other individual,
group or entity that the Defendant(s) claim(s) caused or in any way contributed to the
happening of the occurrence set forth in the Complaint, or is responsible in whole or
in part for any of the injuries and/or damages sustained by the Plaintiff(s), and over
which the Plaintiff(s) can, with due diligence, obtain jurisdiction over.
12. Any and all videotapes, surveillance tapes, photographs and/or visual recordings
made of Plaintiff(s) as of the date hereof and continuing up to and including the trial
of this action.
PLEASE TAKE FURTHERNOTICE, that your default will result in an application being
made to the Court for appropriate relief, with costs.
PLEASE TAKE FURTHER NOTICE, that the foregoing Demands are continuing
demands and that if any of the above items are obtained after the date of this Demand, they are to
be furnished to the undersigned pursuant to these demands.
PLEASE TAKE FURTHER NOTICE, that Discovery and Inspection will take place on
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
Plaintiff(s)' attorneys'
March 28, 2022 at 10:00 A.M. at the office located at 265 Sunrise Highway,
Rockville Centre, New York, 11570.
PLEASE TAKE FURTHER NOTICE, that your default will result in an application being
made to the Court for appropriate relief, with costs.
Dated: ROCKVILLE CENTRE, NEW YORK
March 3, 2022
Yours, etc.
MiCHAEL M. GOLDBERG
Law Offices of Michael M. Goldberg
Attorneys for Plaintiff
265 Sunrise Highway, Suite 32
Rockville Centre, NY 11570
212-481-0011
Our File No. 21-1141
TO: Marks, O'Neill, O'Brien, Doherty & Kelly, P.C.
Attorneys for Defendant(s)
ITA SHIMON AND JACOB SHIMON
155
600 Third Avenue Floor
New York, NY 10016
(212) 967-0080
4
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
STATE OF NEW YORK :
ss.:
COUNTY OF NEW YORK:
Michael M. Goldberg, an attorney duly admitted to practice law in the State of New York
affirms the truth of the following under penalty of perjury:
I am not a party to the action, am over the age of eighteen (18) years and reside in New
York, New York. On March3, 2022, I served the within
COMBINED DEMANDS
by depositing a true copy thereof in a post-paid wrapper, in an official depository under the
exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of
the following persons at the last known address set forth after each name:
Marks, O'Neill, O'Brien, Doherty & Kelly, P.C.
Attorneys for Defendant(s)
ITA SHIMON AND JACOB SHIMON
10 Grand Central
44"'
155 East Street, Suite 2500
New York, NY 10017
(212) 967-0080
Dated: ROCKVILLE CENTRE, NEW YORK
2022
March)
Michael M. Goldberg
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FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023
Index No.: 532721/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CAROLINE RULLAN
Plaintiff(s),
-against-
ITA SHIMON AND JACOB SHIMON
Defendant(s).
COMBINED DEMANDS
Law Offices of Michael M. Goldberg, P.C.
Attorneys for Plaintiff's,
265 Sunrise Highway, Suite 32
Rockville Centre, NY 11570
(212) 481-0011
Certification Pursuant to Rule 130-1.1-a
Michael M. Goldberg
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Preview
FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 February 9, 2023 VIA EFILE ONLY Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. 600 Third Avenue, Suite 1501 New York, NY 10016 Re: Rullan v. Shimon Your File No.1929.110986 Our File No. 21-1141 Dear Counselors: On March 3, 2022, we served your office with a Notice for Discovery and Inspection and Combined Discovery Demands.(A courtesy copy is enclosed herewith). To date, we have not received discovery responses from your office.Please allow this letter to serve as our good faith effort to obtain this necessary discovery within the next 20 (twenty days) without the need for court intervention. Furthermore, the depositions of all parties remain outstanding. Please contact our office to schedule same upon receipt of this letter. Please consider this our final good faith attempt. Thank you for your prompt attention and cooperation. Very truly yours, �If!� MICHAEL M. GOLDBERG MMG/dr Enclosures Email - info@carcras hadvisor.com Long Island Office - 265 Sunrise Highway, Suite 32 I Rockville Centre, New York 11570 (Direct all mail to this office) NewYorkOffice -136MadisonAvenue,6th Floor I New York, NewYork10016 (By appointment only) Office: (212) 481-0011 I Cell: (516) 445-8022 I Fax: (212) 481-4144 1 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------X CAROLINE RULLAN NOTICE OF DISCOVERY Plaintiff(s), AND INSPECTION AND COMBINED DEMAND -against- Index No. 532721/2021 ITA SHIMON AND JACOB SHIMON Defendant(s). ________________________________________----X PLEASE TAKE NOTICE, that the Plaintiff(s) demand(s) that the Defendant(s), and each of them, produce and allow discovery and inspection to be made by the Plaintiff s attorneys of: 1. Any and all original policies of insurance (both primary and excess) together with any and all endorsements relating thereto, whether or not physically annexed to the original policies of insurance, which were in force and effect and relating in any way to the accident/occurrence which gave rise to this action. 2. Any and all photographs showing the scene, site or location of the accident/occurrence taken at any time following and for a period of one (1) year prior to the accident/occurrence. 3. All reports, incident reports, statements made in the regular course of business of the Defendant(s), whether written, recorded or otherwise, and whether or not made exclusively for litigation purposes, and relating to the occurrence in which the Plaintiff(s) claim(s) injury. 4. All records of inspection, maintenance and/or repair regarding the premises located 44* at 1670 Street, Kings County, New York State, as of May 25, 2021, and for a period of two (2) years prior thereto. 5. All permit applications made to, and permits issued by, the City of New York concerning construction, renovation or alteration work concerning the premises 2 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 located at 1670 44th Street, Kings County, New York State, for a period of one (1) year prior to May 25, 2021. 6. All contracts, writing, receipts, photos, estimates and agreements, in the Defendant's possession, related to construction, renovation, alteration, repair or improvement 44* work at 1670 Street, Kings County, New York State, as of May 25, 2021 for a period of one (1) year prior thereto. 7. All records, books and things, of whatever kind, kept in the regular course of business ofthe Defendant(s) concerning written or oral complaints received from any 44* source of any kind whatsoever and relating to the premises located at 1670 Street, Kings County, New York State, as of May 25, 2021, and for a period of two years prior thereto. 8. The name and address of each person claimed to be a witness by any party that you represent to any of the following: (a) the occurrence alleged in the Complaint; (b) as an eyewitness to the occurrence alleged in the Complaint and/or circumstances regarding the same; (c) any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint; (d) first-hand knowledge of the condition ofthe site ofthe occurrence at the time of the occurrence; (e) the nature and duration of the condition alleged by the Plaintiff(s) to have caused the occurrence alleged in the Complaint; and (f) any admission or statement allegedly made by the Plaintiff(s) concerning the happening of the occurrence alleged in the Complaint. 9. The name and address of any expert the Defendant(s) expect(s) to call at the time of trial setting forth: (g) the subject matter on which each expert is expected to testify; (h) the substance of the facts and opinions each expert is expected to testify on; (i) the qualifications of each expert; and 2 3 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 (j) the summary of grounds for the opinion expressed by each expert. This is a continuing demand, and in the event knowledge is acquired ofthe name and address of any person claimed to be a witness or participant to the occurrence which gave rise to the commencement of this action, or who has been consulted as an expert, and such knowledge is acquired subsequent to the receipt of this demand, up to and including the trial of this action, you are required to set forth in writing, and under oath, the name and address of such persons. In the event this Demand is not complied with, the Plaintiff(s) will, upon the trial of this action, move the Court to preclude and forbid the testimony of any witness offered by the Defendant(s) as to whom the name and address has not thereto been furnished to the Plaintiff s attorneys, pursuant to this Demand. 10. Copies of all statements, whether signed or unsigned, whether recorded, from the Plaintiff(s), or any of them, in or to the accident/occurrence. 11. The name and address of every person, firm, business entity or other individual, group or entity that the Defendant(s) claim(s) caused or in any way contributed to the happening of the occurrence set forth in the Complaint, or is responsible in whole or in part for any of the injuries and/or damages sustained by the Plaintiff(s), and over which the Plaintiff(s) can, with due diligence, obtain jurisdiction over. 12. Any and all videotapes, surveillance tapes, photographs and/or visual recordings made of Plaintiff(s) as of the date hereof and continuing up to and including the trial of this action. PLEASE TAKE FURTHERNOTICE, that your default will result in an application being made to the Court for appropriate relief, with costs. PLEASE TAKE FURTHER NOTICE, that the foregoing Demands are continuing demands and that if any of the above items are obtained after the date of this Demand, they are to be furnished to the undersigned pursuant to these demands. PLEASE TAKE FURTHER NOTICE, that Discovery and Inspection will take place on 3 4 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 Plaintiff(s)' attorneys' March 28, 2022 at 10:00 A.M. at the office located at 265 Sunrise Highway, Rockville Centre, New York, 11570. PLEASE TAKE FURTHER NOTICE, that your default will result in an application being made to the Court for appropriate relief, with costs. Dated: ROCKVILLE CENTRE, NEW YORK March 3, 2022 Yours, etc. MiCHAEL M. GOLDBERG Law Offices of Michael M. Goldberg Attorneys for Plaintiff 265 Sunrise Highway, Suite 32 Rockville Centre, NY 11570 212-481-0011 Our File No. 21-1141 TO: Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. Attorneys for Defendant(s) ITA SHIMON AND JACOB SHIMON 155 600 Third Avenue Floor New York, NY 10016 (212) 967-0080 4 5 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 STATE OF NEW YORK : ss.: COUNTY OF NEW YORK: Michael M. Goldberg, an attorney duly admitted to practice law in the State of New York affirms the truth of the following under penalty of perjury: I am not a party to the action, am over the age of eighteen (18) years and reside in New York, New York. On March3, 2022, I served the within COMBINED DEMANDS by depositing a true copy thereof in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. Attorneys for Defendant(s) ITA SHIMON AND JACOB SHIMON 10 Grand Central 44"' 155 East Street, Suite 2500 New York, NY 10017 (212) 967-0080 Dated: ROCKVILLE CENTRE, NEW YORK 2022 March) Michael M. Goldberg 6 of 7 FILED: KINGS COUNTY CLERK 02/09/2023 11:40 AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/09/2023 Index No.: 532721/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CAROLINE RULLAN Plaintiff(s), -against- ITA SHIMON AND JACOB SHIMON Defendant(s). COMBINED DEMANDS Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiff's, 265 Sunrise Highway, Suite 32 Rockville Centre, NY 11570 (212) 481-0011 Certification Pursuant to Rule 130-1.1-a Michael M. Goldberg 7 of 7