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FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______________________________________________________________________Ç
DELMIR BARBOSA DE OLIVERA,
Plaintiff '
PLAINTIFF'S COMBINED
-against-
DEMANDS AND NOTICES
805 N BLVD LLC, JONES LANG LASALLE
AMERICAS, INC., THE HARP, and ROBERT SADIAN,
Defendants.
______________________________________________________________________Ç
S I R S :
PLEASE TAKE NOTICE that pursuant to the Special Rules of the Court, enclosed please
find the following:
1. Demand for a Bill of Particulars as to Affirmative Defenses;
2. Notice for Discovery and Inspection;
3. Notice of Declination of Fax/Email services;
Dated: Levittown, New York
January 25, 2024
Yours, e
CHRISTIAN GUSA, ESQ.
THE LATRON LAW FIRM P.C.
Attorneyslo laintiff
64 Division Avenue, Suite 107
Levittown, New York 11756-2995
(516) 796-9700
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______________________________________________________________________Ç
DELMIR BARBOSA DE OLIVERA
DEMAND FOR A
VERIFIED BILL OF
Plaintiff,
PARTICULARS AS TO
-against- AFFIRMATIVE
DEFENSES
805 N BLVD LLC, JONES LANG LASALLE
AMERICAS, INC., THE HARP, and ROBERT SADIAN,
Defendants.
______________________________________________________________________Ç
S I R S:
PLEASE TAKE NOTICE, that pursuant to the applicable rules of the CPLR, you are
hereby required to serve a Verified Bill of Particulars on Affirmative Defenses upon the
undersigned attorney within twenty days after receipt of this Demand setting forth the following:
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Set forth the basis that the parties are entitled to the protection of Article 50B.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
Set forth the basis that these answering Defendants claim that they are not responsible to the
Plaintiff herein. However, to the extent that the trier of the facts finds liability of 50 percent or less as
defined by Article 16 of the CPLR, these answering Defendants claim entitlement to the benefits set
forth.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Set forth the basis that the injuries alleged to have been sustained by the Plaintiff were
sustained while he was involved in an activity into which he/she had entered, knowing full well the
hazard thereof and the inherent risk incident to such activity and knowing the methods to be used in
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the performance of such activity and the dangers thereof, and such risks and dangers were expected
and assumed by the Plaintiff upon entering into and continuing such activity.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Set forth the basis that any damages awarded to Plaintiff must be reduced by the amount of
workers'
any collateral source including, but not limited to, insurance, social security, compensation
or employee benefit programs, that the Court finds was, or will be with reasonable certainty, replaced
or indemnified.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Set forth the basis that the accident or occurrence referred to in the Plaintiff's Complaint and
the injuries claimed were caused in whole or in part of the carelessness, contributory negligence or
the assumption of risk of the Plaintiff and these answering Defendants demand that the Plaintiff's
damages be accordingly diminished or denied.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
Set forth the basis that in the event Plaintiff recovers a verdict or judgment against these
Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those
amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole
or in part, for any past or future claims, economic loss, from any collateral source including but not
Workers'
limited to insurance, Social Security, Compensation or employee benefits program.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Set forth the basis that the Complaint fails to set forth facts sufficient to constitute a cause
and/or causes of action upon which relief may be granted insofar as these Defendants are concerned.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
Set forth the basis that the culpable conduct of the Plaintiff brought about the alleged
damages and injuries which Plaintiff claims without any culpable conduct on the part of these
Defendants, their agents, servants or employees.
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Set forth the basis that if the Court find after trial that any culpable conduct of these
Defendants, their agents, servants or employees contributed to the alleged damages or injuries to the
Plaintiff, then and in that event these Defendants pray that the amount of damages which might be
recoverable shall be diminished in the proportion which the culpable conduct attributable to the
Plaintiff bears to the culpable conduct which caused the alleged damages or injuries.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
Set forth the basis that the Plaintiff has failed to mitigate and/or reduce his/her damages and
losses, if any, as alleged in the Complaint.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Set forth the basis that the Complaint is wholly without merit and its initiation is deemed
frivolous conduct by these answering Defendants.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Set forth the basis that these Defendants deny liability, but if these Defendants are found to
be liable, these Defendants are entitled to a setoff pursuant to General Obligations Law §15-108, as
to all tortfeasors with which Plaintiff has settled with.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
Set forth the basis that these answering Defendants did not owe the Plaintiff any of the duties
alleged in this lawsuit.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
Set forth the basis that the conditions alleged, if any, were open, obvious, notorious and
apparent.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
Set forth the basis that the answering Defendants were without notice of any of the
purported conditions alleged in this Complaint.
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Dated: Levittown, New York
January 25, 2024
Yours, etc.
THE LATRONICA LAW FIRM
Attorneys for Plaintiff,
DELMIR BARBOSA DE OLIVERA
64 Division Avenue, Suite 107
Levittown, New York 11756
(516) 796-9700
TO: Rosanne Palumbo, Esq.
GOLDEN, ROTHSCHILD, SPAGNOLA,
LUNDELL, BOYLAN & GARUBO & BELL, P.C.
Attorneys for Defendant
805 N BLVD, LLC. and ROBERT SADIAN
19th
40 Exchange place, PlOOr, Suite 1900
New York, NY 10005
(212) 964-0120
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SUPRME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_---_ - _ _ - - - ___________________------ - - - - - x
DELMIR BARBOSA DE OLIVERA, Index No.: 612043/2022
Plaintiff, NOTICE FOR
DISCOVERY AND
- against - INSPECTION
805 N BLVD LLC, JONES LANG LASALLE
AMERICAS, INC., THE HARP, and ROBERT SADIAN,
Defendants.
__------------------__________ - - - - - - - - - - - x
PLEASE TAKE NOTICE, that the Defendant herein, pursuant to Section 3101 et seq.
and Rule 3120 of the Civil Practice Law and Rules, are required to produce and allow discovery
and inspection and copying to be made by the Plaintiff and the attorneys of the Plaintiff of the
following items, writings and objects maintained, controlled or supervised by the Defendant or
the agents, servants and/or employees of the Defendants. In lieu of strict compliance with the
terms and conditions of this Notice, the undersigned will accept clearly legible photocopies or
the said items if received by the undersigned at least five (5) days prior to the return date hereof,
together with a letter from the attorneys for the Defendant advising as to the completeness of the
items provided:
PLACE OF DISCOVERY: THE LATRONICA LAW FIRM
64 Division Avenue, Suite 107
Levittown, New York 11756
DATE AND TIME OF DISCOVERY: Within twenty (20) days of service of this notice
upon you.
ITEMS TO BE PRODUCED RELATING TO ACCIDENT WHICH OCCURRED ON:
February 8, 2021
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1. PHOTOS AND SURVEILLANCE MATERIAL Copies of all video tapes,
surveillance films, movie films, photographs and/or any other type of video or
moving picture reproduction of the Plaintiff taken by the Defendants, their agents,
servants, representatives and/or employees and/or third-party Defendant. The
demand for videotape and/or surveillance films includes demand for all out-takes,
video and photographic logs, unedited tapes and the name and address of the
videographer and/or photographer along with the dates it is alleged that said
surveillance films and/or photographs were taken. This demand is made pursuant
to CPLR Section 3101(i) and Tran v. New Rochelle Medical Center, 99 N.Y. 2d
383 (2003).
2. ALL CONTRACTS OF INSURANCE coverage in effect at the time of the
accident and/or incident which took place on the date aforementioned that would
afford primary insurance coverage or excess insurance coverage for the owner
and/or lessee of the premises or property or land (the subject of this suit).
3. ALL LIABILITY POLICIES of insurance held by the owner and/or lessee of
Defendants'
the premises, property or land which would afford primary or excess
insurance coverage.
4. DEMAND FOR INSURANCE DISCLOSURE Any other EXCESS AND/OR
UMBRELLA INSURANCE contract that would afford primary or excess
coverage. A statement identifying by name of issuing company, name of insured,
policy number, policy period, and limits of liability of all insurance agreements,
including, but not limited to policies of excess liability insurance, commonly
"umbrella" "catastrophe"
known as or insurance, under which any person carrying
on an insurance business may be liable to satisfy part or all of a judgment which
may be entered against the Defendants in this action, or to indemnify or reimburse
Defendants for payment made to satisfy the judgment. If any policy referred to in
hereinabove contains single limits of coverage, or if otherwise applicable, set
forth
the number of claims which have been brought against each of the responding
parties during the term of such policy/policies, the amount sought in each claim,
and the amount of monies paid to date out of the proceeds of the insurance
agreements identified above.
5. PLAINTIFF'S STATEMENTS Any and all statements, abstracts of recordings
Defendants'
and/or writings taken by the their officers, agents, servants and/or
employees, from the Plaintiff with reference to the within litigation which are
presently in the possession of the Defendants, their officers, agents, servants
and/or
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employees.
6. WITNESSES The name, current/last known address and current/last known
employer (including name and address) of all persons who witnessed or claim to
have witnesses the incident that is the subject of Plaintiff's Complaint, or who
have
knowledge of the facts alleged in the Complaint. The names and addresses of any
witnesses to the within accident obtain by the Defendants, their agents, servants
and/or employees. Zellman v. Metropolitan Transportation, 40 A.D.2d 248 (2d
Dept 1973). Please provide the names and addresses of any employees who are
known to have witnessed the accident and if said employees are no longer in the
witness'
employment of the Defendants herein, please state in this response the
last
known address and last date of employment.
7. INSPECTION The name, current/last known address and current/last known
employer (including name and address) of all persons who inspected the Premises
at any time from the date of incident through the present, and for each such
person,
please state:
a. the date of each such inspection;
b. the purpose of each such inspection;
c. the results of each such inspection;
d. What specifically was done during each such inspection;
e. Whether the results of each such inspection were reduced to
writing;
f. What action, if any, was taken as a result of each such inspection;
and
g. The date(s) that such actions were taken.
8. CHANGES AND/OR ALTERATIONS Any and all changes made as a result of
the subject incident in the method, manner or frequency of inspections and/or
maintenance of the subject Premises. Any and all records, notes, memoranda,
bills,
work orders, change orders, correspondence or other documents that pertain to
any
and all inspections or maintenance of, or repairs to, the Premises, which
inspections, maintenance or repairs were performed at any time between the date
of incident and the present.
9. COMPLAINTS Provide any and all prior complaints to the incident or within
one (1) year after the incident of which Defendants are aware regarding the
Premises.
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10. CLAIMS Any and all notices or claims (whether formal or informal) or legal
complaints filed in a court of law, which documents were written or created at any
time within five (5) years prior to the incident, and which pertain to allegations of
personal injury or property damage resulting from the condition of the Premises.
Copies of any written complaints received by any person or other party
concerning
the location of the accident herein and/or the instrumentality involved in the
Plaintiff's accident for a two (2) year period prior to and including the date of the
accident.
11. LAWSUITS Any and all notices or claims (whether formal or informal) or legal
complaints filed in a court of law, which documents were written or created at any
time within five (5) years prior to the incident, and which pertain to allegations of
personal injury or property damage resulting from the condition of the Premises.
12. PHOTOS OF SCENE All photographs under the control of Defendants, their
Defendants'
officers, agents, servants and/or employees or received by the agents,
servants and/or employees from any other individual, entity, source and/or
company including any contractors, laborers or insurance company (adjuster)
showing the scene of the accident and taken within a six (6) month period prior to
the happening of the accident and a sixty (60) day period subsequent to the
happening of the accident,
13. DOCUMENTS Copies of all service contracts between the owners of said
Premises, including all bids, contract documents, specifications and other records
concerning any maintenance and/or repairs to the Premises since the subject
Defendants'
incident. If Plaintiff was a tenant in Premises, a copy of the tenants
folder maintained by the Defendants. Copies of all contracts, maintenance
agreements and service agreements for the Premises for the date of incident and
two (2) years prior thereto. Copies of all porter logs, maintenance records and
inspection reports for the Premises for three (3) years prior to the date of accident.
Copies of the rules and regulations referable to maintenance and security in effect
on the date of incident. Complaints referable to the situs of the incident for a
period of five (5) prior to the date of incident. Prior orders on record for the situs
of the incident for five (5) years prior to and including the date of incident.
14. DEED A full and complete copy of the deed to said premises, including the
description of the property and any leases between the owner and tenants in
possession.
15. CONSULTING ENGINEER If a consulting engineer was hired and/or retained
by any parties herein, it is respectfully requested that copies of the contract, if
any, between the owner/contractor and the consulting engineer be produced, along
with copies of the daily and/or weekly job reports prepared by the consulting
engineer for a sixty (60) day period prior to and including the date of the accident
herein. Copies of
Preview
FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______________________________________________________________________Ç DELMIR BARBOSA DE OLIVERA, Plaintiff ' PLAINTIFF'S COMBINED -against- DEMANDS AND NOTICES 805 N BLVD LLC, JONES LANG LASALLE AMERICAS, INC., THE HARP, and ROBERT SADIAN, Defendants. ______________________________________________________________________Ç S I R S : PLEASE TAKE NOTICE that pursuant to the Special Rules of the Court, enclosed please find the following: 1. Demand for a Bill of Particulars as to Affirmative Defenses; 2. Notice for Discovery and Inspection; 3. Notice of Declination of Fax/Email services; Dated: Levittown, New York January 25, 2024 Yours, e CHRISTIAN GUSA, ESQ. THE LATRON LAW FIRM P.C. Attorneyslo laintiff 64 Division Avenue, Suite 107 Levittown, New York 11756-2995 (516) 796-9700 1 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______________________________________________________________________Ç DELMIR BARBOSA DE OLIVERA DEMAND FOR A VERIFIED BILL OF Plaintiff, PARTICULARS AS TO -against- AFFIRMATIVE DEFENSES 805 N BLVD LLC, JONES LANG LASALLE AMERICAS, INC., THE HARP, and ROBERT SADIAN, Defendants. ______________________________________________________________________Ç S I R S: PLEASE TAKE NOTICE, that pursuant to the applicable rules of the CPLR, you are hereby required to serve a Verified Bill of Particulars on Affirmative Defenses upon the undersigned attorney within twenty days after receipt of this Demand setting forth the following: AS AND FOR A FIRST AFFIRMATIVE DEFENSE Set forth the basis that the parties are entitled to the protection of Article 50B. AS AND FOR A SECOND AFFIRMATIVE DEFENSE Set forth the basis that these answering Defendants claim that they are not responsible to the Plaintiff herein. However, to the extent that the trier of the facts finds liability of 50 percent or less as defined by Article 16 of the CPLR, these answering Defendants claim entitlement to the benefits set forth. AS AND FOR A THIRD AFFIRMATIVE DEFENSE Set forth the basis that the injuries alleged to have been sustained by the Plaintiff were sustained while he was involved in an activity into which he/she had entered, knowing full well the hazard thereof and the inherent risk incident to such activity and knowing the methods to be used in 2 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 the performance of such activity and the dangers thereof, and such risks and dangers were expected and assumed by the Plaintiff upon entering into and continuing such activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Set forth the basis that any damages awarded to Plaintiff must be reduced by the amount of workers' any collateral source including, but not limited to, insurance, social security, compensation or employee benefit programs, that the Court finds was, or will be with reasonable certainty, replaced or indemnified. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Set forth the basis that the accident or occurrence referred to in the Plaintiff's Complaint and the injuries claimed were caused in whole or in part of the carelessness, contributory negligence or the assumption of risk of the Plaintiff and these answering Defendants demand that the Plaintiff's damages be accordingly diminished or denied. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE Set forth the basis that in the event Plaintiff recovers a verdict or judgment against these Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claims, economic loss, from any collateral source including but not Workers' limited to insurance, Social Security, Compensation or employee benefits program. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Set forth the basis that the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of action upon which relief may be granted insofar as these Defendants are concerned. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Set forth the basis that the culpable conduct of the Plaintiff brought about the alleged damages and injuries which Plaintiff claims without any culpable conduct on the part of these Defendants, their agents, servants or employees. 3 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 Set forth the basis that if the Court find after trial that any culpable conduct of these Defendants, their agents, servants or employees contributed to the alleged damages or injuries to the Plaintiff, then and in that event these Defendants pray that the amount of damages which might be recoverable shall be diminished in the proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which caused the alleged damages or injuries. AS AND FOR A NINTH AFFIRMATIVE DEFENSE Set forth the basis that the Plaintiff has failed to mitigate and/or reduce his/her damages and losses, if any, as alleged in the Complaint. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Set forth the basis that the Complaint is wholly without merit and its initiation is deemed frivolous conduct by these answering Defendants. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Set forth the basis that these Defendants deny liability, but if these Defendants are found to be liable, these Defendants are entitled to a setoff pursuant to General Obligations Law §15-108, as to all tortfeasors with which Plaintiff has settled with. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Set forth the basis that these answering Defendants did not owe the Plaintiff any of the duties alleged in this lawsuit. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE Set forth the basis that the conditions alleged, if any, were open, obvious, notorious and apparent. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Set forth the basis that the answering Defendants were without notice of any of the purported conditions alleged in this Complaint. 4 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 Dated: Levittown, New York January 25, 2024 Yours, etc. THE LATRONICA LAW FIRM Attorneys for Plaintiff, DELMIR BARBOSA DE OLIVERA 64 Division Avenue, Suite 107 Levittown, New York 11756 (516) 796-9700 TO: Rosanne Palumbo, Esq. GOLDEN, ROTHSCHILD, SPAGNOLA, LUNDELL, BOYLAN & GARUBO & BELL, P.C. Attorneys for Defendant 805 N BLVD, LLC. and ROBERT SADIAN 19th 40 Exchange place, PlOOr, Suite 1900 New York, NY 10005 (212) 964-0120 5 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 SUPRME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _---_ - _ _ - - - ___________________------ - - - - - x DELMIR BARBOSA DE OLIVERA, Index No.: 612043/2022 Plaintiff, NOTICE FOR DISCOVERY AND - against - INSPECTION 805 N BLVD LLC, JONES LANG LASALLE AMERICAS, INC., THE HARP, and ROBERT SADIAN, Defendants. __------------------__________ - - - - - - - - - - - x PLEASE TAKE NOTICE, that the Defendant herein, pursuant to Section 3101 et seq. and Rule 3120 of the Civil Practice Law and Rules, are required to produce and allow discovery and inspection and copying to be made by the Plaintiff and the attorneys of the Plaintiff of the following items, writings and objects maintained, controlled or supervised by the Defendant or the agents, servants and/or employees of the Defendants. In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies or the said items if received by the undersigned at least five (5) days prior to the return date hereof, together with a letter from the attorneys for the Defendant advising as to the completeness of the items provided: PLACE OF DISCOVERY: THE LATRONICA LAW FIRM 64 Division Avenue, Suite 107 Levittown, New York 11756 DATE AND TIME OF DISCOVERY: Within twenty (20) days of service of this notice upon you. ITEMS TO BE PRODUCED RELATING TO ACCIDENT WHICH OCCURRED ON: February 8, 2021 3 6 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 1. PHOTOS AND SURVEILLANCE MATERIAL Copies of all video tapes, surveillance films, movie films, photographs and/or any other type of video or moving picture reproduction of the Plaintiff taken by the Defendants, their agents, servants, representatives and/or employees and/or third-party Defendant. The demand for videotape and/or surveillance films includes demand for all out-takes, video and photographic logs, unedited tapes and the name and address of the videographer and/or photographer along with the dates it is alleged that said surveillance films and/or photographs were taken. This demand is made pursuant to CPLR Section 3101(i) and Tran v. New Rochelle Medical Center, 99 N.Y. 2d 383 (2003). 2. ALL CONTRACTS OF INSURANCE coverage in effect at the time of the accident and/or incident which took place on the date aforementioned that would afford primary insurance coverage or excess insurance coverage for the owner and/or lessee of the premises or property or land (the subject of this suit). 3. ALL LIABILITY POLICIES of insurance held by the owner and/or lessee of Defendants' the premises, property or land which would afford primary or excess insurance coverage. 4. DEMAND FOR INSURANCE DISCLOSURE Any other EXCESS AND/OR UMBRELLA INSURANCE contract that would afford primary or excess coverage. A statement identifying by name of issuing company, name of insured, policy number, policy period, and limits of liability of all insurance agreements, including, but not limited to policies of excess liability insurance, commonly "umbrella" "catastrophe" known as or insurance, under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered against the Defendants in this action, or to indemnify or reimburse Defendants for payment made to satisfy the judgment. If any policy referred to in hereinabove contains single limits of coverage, or if otherwise applicable, set forth the number of claims which have been brought against each of the responding parties during the term of such policy/policies, the amount sought in each claim, and the amount of monies paid to date out of the proceeds of the insurance agreements identified above. 5. PLAINTIFF'S STATEMENTS Any and all statements, abstracts of recordings Defendants' and/or writings taken by the their officers, agents, servants and/or employees, from the Plaintiff with reference to the within litigation which are presently in the possession of the Defendants, their officers, agents, servants and/or 4 7 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 employees. 6. WITNESSES The name, current/last known address and current/last known employer (including name and address) of all persons who witnessed or claim to have witnesses the incident that is the subject of Plaintiff's Complaint, or who have knowledge of the facts alleged in the Complaint. The names and addresses of any witnesses to the within accident obtain by the Defendants, their agents, servants and/or employees. Zellman v. Metropolitan Transportation, 40 A.D.2d 248 (2d Dept 1973). Please provide the names and addresses of any employees who are known to have witnessed the accident and if said employees are no longer in the witness' employment of the Defendants herein, please state in this response the last known address and last date of employment. 7. INSPECTION The name, current/last known address and current/last known employer (including name and address) of all persons who inspected the Premises at any time from the date of incident through the present, and for each such person, please state: a. the date of each such inspection; b. the purpose of each such inspection; c. the results of each such inspection; d. What specifically was done during each such inspection; e. Whether the results of each such inspection were reduced to writing; f. What action, if any, was taken as a result of each such inspection; and g. The date(s) that such actions were taken. 8. CHANGES AND/OR ALTERATIONS Any and all changes made as a result of the subject incident in the method, manner or frequency of inspections and/or maintenance of the subject Premises. Any and all records, notes, memoranda, bills, work orders, change orders, correspondence or other documents that pertain to any and all inspections or maintenance of, or repairs to, the Premises, which inspections, maintenance or repairs were performed at any time between the date of incident and the present. 9. COMPLAINTS Provide any and all prior complaints to the incident or within one (1) year after the incident of which Defendants are aware regarding the Premises. 5 8 of 13 FILED: NASSAU COUNTY CLERK 01/25/2024 11:28 AM INDEX NO. 605539/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/25/2024 10. CLAIMS Any and all notices or claims (whether formal or informal) or legal complaints filed in a court of law, which documents were written or created at any time within five (5) years prior to the incident, and which pertain to allegations of personal injury or property damage resulting from the condition of the Premises. Copies of any written complaints received by any person or other party concerning the location of the accident herein and/or the instrumentality involved in the Plaintiff's accident for a two (2) year period prior to and including the date of the accident. 11. LAWSUITS Any and all notices or claims (whether formal or informal) or legal complaints filed in a court of law, which documents were written or created at any time within five (5) years prior to the incident, and which pertain to allegations of personal injury or property damage resulting from the condition of the Premises. 12. PHOTOS OF SCENE All photographs under the control of Defendants, their Defendants' officers, agents, servants and/or employees or received by the agents, servants and/or employees from any other individual, entity, source and/or company including any contractors, laborers or insurance company (adjuster) showing the scene of the accident and taken within a six (6) month period prior to the happening of the accident and a sixty (60) day period subsequent to the happening of the accident, 13. DOCUMENTS Copies of all service contracts between the owners of said Premises, including all bids, contract documents, specifications and other records concerning any maintenance and/or repairs to the Premises since the subject Defendants' incident. If Plaintiff was a tenant in Premises, a copy of the tenants folder maintained by the Defendants. Copies of all contracts, maintenance agreements and service agreements for the Premises for the date of incident and two (2) years prior thereto. Copies of all porter logs, maintenance records and inspection reports for the Premises for three (3) years prior to the date of accident. Copies of the rules and regulations referable to maintenance and security in effect on the date of incident. Complaints referable to the situs of the incident for a period of five (5) prior to the date of incident. Prior orders on record for the situs of the incident for five (5) years prior to and including the date of incident. 14. DEED A full and complete copy of the deed to said premises, including the description of the property and any leases between the owner and tenants in possession. 15. CONSULTING ENGINEER If a consulting engineer was hired and/or retained by any parties herein, it is respectfully requested that copies of the contract, if any, between the owner/contractor and the consulting engineer be produced, along with copies of the daily and/or weekly job reports prepared by the consulting engineer for a sixty (60) day period prior to and including the date of the accident herein. Copies of