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FILED: QUEENS COUNTY CLERK 01/26/2024 09:12 AM INDEX NO. 717032/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_______________________________________
RICARDO RIGOBERTO GOMEZ PALACIOS
and SIMON MOROCHO
Plaintiffs,
DEFENDANT’S RESPONSE TO
COMBINED DEMANDS OF
v.
PLAINTIFFS MOROCHO,
TOLEDO AND ANGEL
ESCOBAR BALAREZO
ERIC FISHER, TAFFF TRUCKING AND
EXCAVATION INC., ROBINSON MOROCHO
Index No. 717032/2023
TOLDEO and ANGEL ESCOBAR BALAREZO
Defendants.
______________________________________
The Defendant, ERIC FISHER, (“Defendant”) by and through his attorneys, Hurwitz Fine
P.C., as and for a response to the Plaintiffs’ Combined Demands dated December 27, 2023, state the
following:
a) DEMAND FOR ALL CONTRACTS OF INSURANCE
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objection, Taff Trucking and Excavation Inc., was insured under policy
number Q068030336, issued by Erie Insurance Company, with effective dates of June 30, 2022, to
June 30, 2023, and policy limits of $1,000,000.00 per occurrence.
b) DEMAND FOR EXCESS UMBRELLA INSURANCE
No excess coverage.
c) DEMAND FOR PARTY STATEMENTS
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
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accordance with the CPLR. Notwithstanding same, defendant is not aware of any statements
responsive to this demand.
d) DEMAND FOR ACCIDENT REPORTS
This responding defendant objects to this demand as being vague, irrelevant, overly broad,
unduly burdensome, and not reasonably calculated to lead to discovery of admissible evidence.
Notwithstanding same, the police accident report responsive to this demand is attached hereto as
“Exhibit A”.
e) DEMAND FOR NAMES OF WITNESSES
a-g. This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. Notwithstanding same, this responding defendant is not aware of any
witnesses other than the parties named herein.
f) DEMAND FOR PHOTOS OF SCENE
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. Notwithstanding same, photographs responsive to this demand are
attached as “Exhibit B”.
g) DEMAND FOR VIDEO, PHOTOGRAPHS, SURVEILLANCE MATERIAL
AND/OR OTHER VISUAL REPRODUCTIONS
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. Notwithstanding same, defendant is not aware of any surveillance
materials responsive to this demand.
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h) DEMAND FOR OTHER LAWSUITS
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR.
i) DEMAND FOR COPY OF THE ADMINISTRATIVE CODE 19-190 VIOLATION
ISSUED TO THE DEFENDANT
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR.
j) DEMAND FOR DOCUMENTS
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. Notwithstanding same, defendant is not aware of any documents,
reports, memos or other writings responsive to this demand.
k) DEMAND FOR DEFENDANT ADDRESSES
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR.
l) DEMAND FOR EXPERT WITNESS DISCLOSURE
a-g. This responding defendant has not yet retained an expert in this matter. When and if
such an expert witness is retained, this responding defendant will provide that information as is
required pursuant to CPLR §3101(d).
m) DEMAND FOR PROPERTY DAMAGE FILE
This responding defendant objects to this demand as being vague, overly broad, unduly
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burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. This demand is more appropriately directed to Defendant Taff.
n) DEMAND FOR ALL MAINTENANCE AND/OR REPAIR RECORDS
This responding defendant objects to this demand as being vague, overly broad, unduly
burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in
accordance with the CPLR. This demand is more appropriately directed to Defendant Taff.
PLEASE TAKE NOTICE, that this responding defendant reserves his rights to amend
and/or supplement these responses up to and including the time of trial.
DATED: Melville, New York
January 26, 2024
HURWITZ FINE P.C.
By: _________________________
Thomas A. Narducci, Esq.
Attorneys for Defendant
ERIC FISHER
575 Broad Hollow Road
Melville, New York 11747
(631) 465-0700
TO:
Albert K. Kim, Esq.
COHEN & COHEN PERSONAL INJURY LAWYERS, P.C.
Attorneys for Plaintiff
SIMON MOROCHO
104-70 Queens Boulevard, Suite 312
Forest Hills, New York 11375
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FILED: QUEENS COUNTY CLERK 01/26/2024 09:12 AM INDEX NO. 717032/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _______________________________________ RICARDO RIGOBERTO GOMEZ PALACIOS and SIMON MOROCHO Plaintiffs, DEFENDANT’S RESPONSE TO COMBINED DEMANDS OF v. PLAINTIFFS MOROCHO, TOLEDO AND ANGEL ESCOBAR BALAREZO ERIC FISHER, TAFFF TRUCKING AND EXCAVATION INC., ROBINSON MOROCHO Index No. 717032/2023 TOLDEO and ANGEL ESCOBAR BALAREZO Defendants. ______________________________________ The Defendant, ERIC FISHER, (“Defendant”) by and through his attorneys, Hurwitz Fine P.C., as and for a response to the Plaintiffs’ Combined Demands dated December 27, 2023, state the following: a) DEMAND FOR ALL CONTRACTS OF INSURANCE This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objection, Taff Trucking and Excavation Inc., was insured under policy number Q068030336, issued by Erie Insurance Company, with effective dates of June 30, 2022, to June 30, 2023, and policy limits of $1,000,000.00 per occurrence. b) DEMAND FOR EXCESS UMBRELLA INSURANCE No excess coverage. c) DEMAND FOR PARTY STATEMENTS This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in 1 1 of 4 FILED: QUEENS COUNTY CLERK 01/26/2024 09:12 AM INDEX NO. 717032/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/26/2024 accordance with the CPLR. Notwithstanding same, defendant is not aware of any statements responsive to this demand. d) DEMAND FOR ACCIDENT REPORTS This responding defendant objects to this demand as being vague, irrelevant, overly broad, unduly burdensome, and not reasonably calculated to lead to discovery of admissible evidence. Notwithstanding same, the police accident report responsive to this demand is attached hereto as “Exhibit A”. e) DEMAND FOR NAMES OF WITNESSES a-g. This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. Notwithstanding same, this responding defendant is not aware of any witnesses other than the parties named herein. f) DEMAND FOR PHOTOS OF SCENE This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. Notwithstanding same, photographs responsive to this demand are attached as “Exhibit B”. g) DEMAND FOR VIDEO, PHOTOGRAPHS, SURVEILLANCE MATERIAL AND/OR OTHER VISUAL REPRODUCTIONS This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. Notwithstanding same, defendant is not aware of any surveillance materials responsive to this demand. 2 2 of 4 FILED: QUEENS COUNTY CLERK 01/26/2024 09:12 AM INDEX NO. 717032/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/26/2024 h) DEMAND FOR OTHER LAWSUITS This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. i) DEMAND FOR COPY OF THE ADMINISTRATIVE CODE 19-190 VIOLATION ISSUED TO THE DEFENDANT This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. j) DEMAND FOR DOCUMENTS This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. Notwithstanding same, defendant is not aware of any documents, reports, memos or other writings responsive to this demand. k) DEMAND FOR DEFENDANT ADDRESSES This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. l) DEMAND FOR EXPERT WITNESS DISCLOSURE a-g. This responding defendant has not yet retained an expert in this matter. When and if such an expert witness is retained, this responding defendant will provide that information as is required pursuant to CPLR §3101(d). m) DEMAND FOR PROPERTY DAMAGE FILE This responding defendant objects to this demand as being vague, overly broad, unduly 3 3 of 4 FILED: QUEENS COUNTY CLERK 01/26/2024 09:12 AM INDEX NO. 717032/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/26/2024 burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. This demand is more appropriately directed to Defendant Taff. n) DEMAND FOR ALL MAINTENANCE AND/OR REPAIR RECORDS This responding defendant objects to this demand as being vague, overly broad, unduly burdensome, not reasonably calculated to lead to discovery of admissible evidence and not in accordance with the CPLR. This demand is more appropriately directed to Defendant Taff. PLEASE TAKE NOTICE, that this responding defendant reserves his rights to amend and/or supplement these responses up to and including the time of trial. DATED: Melville, New York January 26, 2024 HURWITZ FINE P.C. By: _________________________ Thomas A. Narducci, Esq. Attorneys for Defendant ERIC FISHER 575 Broad Hollow Road Melville, New York 11747 (631) 465-0700 TO: Albert K. Kim, Esq. COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. Attorneys for Plaintiff SIMON MOROCHO 104-70 Queens Boulevard, Suite 312 Forest Hills, New York 11375 4 4 of 4