Preview
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
ALLSTATE INDEMNITY COMPANY Index # 151434/2020
a/s/o SWAROOPA REDDY DESAI.,
Plaintiff, BILL OF PARTICULARS
-against-
JMJ TURTLE BAY HOLDINGS, LLC,
DENNIS PETROCELLI, RUBIN MENG,
ANTHONY PANTALEONI, GENESIS WILSON,
THE RELATED COMPANY and RELATED MANAGEMENT,
Defendants.
---------------------------------------------------------------------------X
PLEASE TAKE NOTICE that this is the bill of particulars of defendant GENESIS
WILSON as per the demand of the plaintiff dated May 5, 2021.
General Objection: There is no obligation to particularize as to a subject for which a
defendant does not have an affirmative burden of proof; any response here is not a waiver of this
concept and shall not shift any burdens of proof.
1. The present address for this defendant is 1471 Royce Street #1E, Brooklyn,
New York 11234.
2. Objection, this demand is outside the scope of what can be appropriately
demanded of a defendant in an action of this kind. Over objection: fire damage was sustained in
250 East 53rd Street # 2902, New York, New York.
3. Over objection: This defendant does not know who currently owns said unit
2902.
4. The subject occurrence was February 10, 2017 at about 12:41 p.m.
1 of 5
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021
5, 5a, 5b, 5c. Objection, this demand is outside the scope of what can be
appropriately demanded of a defendant in an action of this kind. Over objection: the fire
originated on the counter in the northeast corner of the kitchen on the 29th floor in apartment
2902 at 250 East 53rd Street in New York, New York. It did not originate on the stove. Fire
traveled up to the underside of a wall mounted wood cabinet, further traveling up to the ceiling.
Fire existed in other areas as well.
6, 6a, 6b, 6c, 6d. Objection, this demand is outside the scope of what can be
appropriately demanded of a defendant in an action of this kind. It is the plaintiff’s burden to
establish causal relationship, and a defendant does not have an affirmative obligation to
particularize as to causation. Over objection: The fire did not result from human use and/or
neglect of a stove, or the like. There may be a relationship between cause / origin of the fire and
the power cord of an electric kettle. This defendant pre-loss did not have actual or constructive
notice of any potentially problematic condition. This response in no way limits ability to present
evidence as to causation, or absence of causation, at trial.
7, 7a, 7b, 7c, 7d, 7e, 7f. Objection to the extent the demand seeks information that
must instead be the subject of a notice of discovery and inspection. Over objection: It is not
claimed that the plaintiff caused the fire; see the foregoing paragraphs relative to what may have
caused and what did not cause this fire. Additionally, although not necessarily a burden of proof
of a defendant, the following may be demonstrated at a trial. The plaintiff-subrogors did not act
sufficiently to protect property from damage once the occurrence started, such as by covering
floors, other apartment areas and personal property items, and/or moving personal property items
to areas where damage could not occur. At least some of the damages claimed did not need to be
incurred, or represent an excessive or otherwise unjustified expense, or represent a damages
2 of 5
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021
category not authorized by law for recovery (e.g., replacement cost value). There may have been
unnecessary purchases, or purchases that should have been made with lower pricing. This item
may be supplemented or amended, and/or it may be requested that this response be deemed
supplemented or amended, to reflect forthcoming deposition testimony and other evidence.
8, 9, 10. There is no claim that the plaintiff had actual or constructive notice of any
particular fire risk.
11. Currently there is not a claim that a plaintiff breached an agreement.
12. Nuisance: Not applicable.
13. Objection, there is no requirement to discuss violated statutes, rules and the like in
the absence of a prior pleading alleging that statutes, rules and/or the like were violated.
14. Over objection: This defendant did not file any report with the Fire Marshall’s
office.
15. There is currently no claim of negligent workmanship, procedure and/or
application by plaintiff, other than anything alleged in paragraph 7 et seq above.
16, 17. There is no claim of breach of warranty.
18. There is currently no claim that plaintiff or its subrogor have liability by virtue of
an agreement, contract and/or warranty.
19. Objection, and not applicable - this defendant has not owned any apartment
where fire occurred, and has not made a claim for compensation in this litigation.
20. This defendant has not made a claim in this litigation seeking compensation for
loss of use or rental income.
21. This defendant has not made a claim in this litigation seeking compensation for
damaged personal property.
3 of 5
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021
22. Coverage for claimed items: Objection, and not applicable.
This defendant reserves any rights to serve a further and/or amended response during the
remainder of this litigation.
Dated: New York, New York
August 6, 2021
Very truly yours,
KOWALSKI & DEVITO
Attorneys for Defendant
GENESIS WILSON
By: __________________________________
Bradley J. Corsair
80 Pine Street, Suite 300
New York, New York 10005
(718) 250-1100
File # NYNY-33802
Pursuant to 22 NYCRR 130-1.1, Bradley J. Corsair, an attorney duly admitted to practice law in the State of New York, certifies
by his signature here that, upon information and belief based upon reasonable inquiry, any contentions contained in this and/or
any annexed document are not frivolous.
TO: LAW OFFICE OF KAREN L. LAWRENCE
Attorneys for Plaintiff
4 Metrotech Center, Suite 200
Brooklyn, New York 11201
(718) 451-7106
File # 0445814114.1
LAW OFFICE OF JAMES J. TOOMEY
Attorneys for Defendants
JLJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI
P.O. Box 2903
Hartford, CT 06104-2903
(917) 778-6600
Fax (877) 890-1328
(continued on next page)
4 of 5
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021
HICKEY SMITH LLP
Attorneys for Defendants
THE RELATED COMPANIES, L.P. i/s/h/a THE RELATED COMPANY
and RELATED MANAGEMENT COMPANY, L.P. i/s/h/a RELATED MANAGEMENT
1040 Avenue of the Americas, Suite 9C
New York, New York 10018
(212) 729-3565
(914) 898-3228 (direct dial for handling attorney Joseph Green)
File # 4721
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X ALLSTATE INDEMNITY COMPANY Index # 151434/2020 a/s/o SWAROOPA REDDY DESAI., Plaintiff, BILL OF PARTICULARS -against- JMJ TURTLE BAY HOLDINGS, LLC, DENNIS PETROCELLI, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, Defendants. ---------------------------------------------------------------------------X PLEASE TAKE NOTICE that this is the bill of particulars of defendant GENESIS WILSON as per the demand of the plaintiff dated May 5, 2021. General Objection: There is no obligation to particularize as to a subject for which a defendant does not have an affirmative burden of proof; any response here is not a waiver of this concept and shall not shift any burdens of proof. 1. The present address for this defendant is 1471 Royce Street #1E, Brooklyn, New York 11234. 2. Objection, this demand is outside the scope of what can be appropriately demanded of a defendant in an action of this kind. Over objection: fire damage was sustained in 250 East 53rd Street # 2902, New York, New York. 3. Over objection: This defendant does not know who currently owns said unit 2902. 4. The subject occurrence was February 10, 2017 at about 12:41 p.m. 1 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021 5, 5a, 5b, 5c. Objection, this demand is outside the scope of what can be appropriately demanded of a defendant in an action of this kind. Over objection: the fire originated on the counter in the northeast corner of the kitchen on the 29th floor in apartment 2902 at 250 East 53rd Street in New York, New York. It did not originate on the stove. Fire traveled up to the underside of a wall mounted wood cabinet, further traveling up to the ceiling. Fire existed in other areas as well. 6, 6a, 6b, 6c, 6d. Objection, this demand is outside the scope of what can be appropriately demanded of a defendant in an action of this kind. It is the plaintiff’s burden to establish causal relationship, and a defendant does not have an affirmative obligation to particularize as to causation. Over objection: The fire did not result from human use and/or neglect of a stove, or the like. There may be a relationship between cause / origin of the fire and the power cord of an electric kettle. This defendant pre-loss did not have actual or constructive notice of any potentially problematic condition. This response in no way limits ability to present evidence as to causation, or absence of causation, at trial. 7, 7a, 7b, 7c, 7d, 7e, 7f. Objection to the extent the demand seeks information that must instead be the subject of a notice of discovery and inspection. Over objection: It is not claimed that the plaintiff caused the fire; see the foregoing paragraphs relative to what may have caused and what did not cause this fire. Additionally, although not necessarily a burden of proof of a defendant, the following may be demonstrated at a trial. The plaintiff-subrogors did not act sufficiently to protect property from damage once the occurrence started, such as by covering floors, other apartment areas and personal property items, and/or moving personal property items to areas where damage could not occur. At least some of the damages claimed did not need to be incurred, or represent an excessive or otherwise unjustified expense, or represent a damages 2 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021 category not authorized by law for recovery (e.g., replacement cost value). There may have been unnecessary purchases, or purchases that should have been made with lower pricing. This item may be supplemented or amended, and/or it may be requested that this response be deemed supplemented or amended, to reflect forthcoming deposition testimony and other evidence. 8, 9, 10. There is no claim that the plaintiff had actual or constructive notice of any particular fire risk. 11. Currently there is not a claim that a plaintiff breached an agreement. 12. Nuisance: Not applicable. 13. Objection, there is no requirement to discuss violated statutes, rules and the like in the absence of a prior pleading alleging that statutes, rules and/or the like were violated. 14. Over objection: This defendant did not file any report with the Fire Marshall’s office. 15. There is currently no claim of negligent workmanship, procedure and/or application by plaintiff, other than anything alleged in paragraph 7 et seq above. 16, 17. There is no claim of breach of warranty. 18. There is currently no claim that plaintiff or its subrogor have liability by virtue of an agreement, contract and/or warranty. 19. Objection, and not applicable - this defendant has not owned any apartment where fire occurred, and has not made a claim for compensation in this litigation. 20. This defendant has not made a claim in this litigation seeking compensation for loss of use or rental income. 21. This defendant has not made a claim in this litigation seeking compensation for damaged personal property. 3 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021 22. Coverage for claimed items: Objection, and not applicable. This defendant reserves any rights to serve a further and/or amended response during the remainder of this litigation. Dated: New York, New York August 6, 2021 Very truly yours, KOWALSKI & DEVITO Attorneys for Defendant GENESIS WILSON By: __________________________________ Bradley J. Corsair 80 Pine Street, Suite 300 New York, New York 10005 (718) 250-1100 File # NYNY-33802 Pursuant to 22 NYCRR 130-1.1, Bradley J. Corsair, an attorney duly admitted to practice law in the State of New York, certifies by his signature here that, upon information and belief based upon reasonable inquiry, any contentions contained in this and/or any annexed document are not frivolous. TO: LAW OFFICE OF KAREN L. LAWRENCE Attorneys for Plaintiff 4 Metrotech Center, Suite 200 Brooklyn, New York 11201 (718) 451-7106 File # 0445814114.1 LAW OFFICE OF JAMES J. TOOMEY Attorneys for Defendants JLJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI P.O. Box 2903 Hartford, CT 06104-2903 (917) 778-6600 Fax (877) 890-1328 (continued on next page) 4 of 5 FILED: NEW YORK COUNTY CLERK 08/06/2021 09:27 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/06/2021 HICKEY SMITH LLP Attorneys for Defendants THE RELATED COMPANIES, L.P. i/s/h/a THE RELATED COMPANY and RELATED MANAGEMENT COMPANY, L.P. i/s/h/a RELATED MANAGEMENT 1040 Avenue of the Americas, Suite 9C New York, New York 10018 (212) 729-3565 (914) 898-3228 (direct dial for handling attorney Joseph Green) File # 4721 5 of 5