Preview
FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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GOU YING JIANG, Index No: 150465/2023
RESPONSE TO
PLAINTIFF’S NOTICE
FOR DISCOVERY
Plaintiff & INSPECTION
-against- DATED 01/09/2024
CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED
JOSEFSON, and THE CITY OF NEW YORK
Defendants,
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Defendant, CHRISTINA REEP and MICHAEL RODRIGUEZ by their attorneys MORRIS
DUFFY ALONSO FALEY & PITCOFF as and for a Response to Plaintiff’s Notice for Discovery
& Inspection dated January 9, 2024 set forth the following upon information and belief:
1/2 – INSURANCE
At the time of this alleged incident, the vehicle operated/owned by defendants, Christina Reep and
Michael Rodriguez, was insured through Progressive Advanced Insurance Company, Policy No.
955035919, which had bodily injury limits was $25,000 per person / $50,000 per occurrence. A
copy of the declaration pages is annexed. There was no other insurance coverage. Once fully
executed affidavit has been returned to this office, they will be exchanged as amended response.
3 – STATEMENT
Defendants are not in possession of any statements responsive to this demand. However, should
any such statement become made known to the defendants, it will be exchanged.
4 – WITNESSES
Defendants are unaware of any witnesses to this alleged incident other than those who might be
included on the police accident report. However, if any become made known during the course of
discovery, they will be exchanged as amended responses.
5 – PHOTOGRAPHS RELATING TO ACCIDENT LOCATION, VEHICLE,
BUILDINGS, ETC.
Defendants are not in possession of any documents related to this request. However, if any such
documents are obtained during discovery, they will be exchanged as an amended answer.
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FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024
6 – PHOTOGRAPHS, VIDEOTAPES, MOTION PICTURES TO BE USED AT TIME OF
TRIAL
Defendants are not in possession of any documents related to this request. However, if any such
documents are obtained during discovery, they will be exchanged as an amended answer.
7 – MV-104 PREPARED BY DEFENDANTS
Defendants are not in possession of any documents related to this request. However, if any are
obtained during discovery, it will be provided as an amended response.
8 – PROPERTY DAMAGE FILE FOR VEHICLE
Defendants are not in possession of any property damage information. The vehicle sustained no
damage to it because of this alleged incident. The defendant driving was going about 3-4 miles an
hour. To the best of defendant’s knowledge and belief, the plaintiff only had contact with the
right-side mirror. It did not break. There was no damage to it.
9 – NAME OF AUTO BODY REPAIR SHOP
Defendants did not have the vehicle repaired as there was no damage to it.
10 – VEHICLE LEASING INFORMATION
Defendants’ vehicle had been leased from Dana Ford, located at 266 West Service Road, Suite A,
in Staten Island, New York. The vehicle was returned to Dana Ford in January 2023, before
defendants were requested to retain/preserve the vehicle for inspection. Defendants are without
knowledge what happened to said vehicle since it was returned to the dealership.
11 – LEASING INFORMATION
These defendants are no longer in possession of a copy of the lease agreement for said vehicle.
12 – REPORTS
These defendants are not in possession of any reports responsive to this demand.
13 – NO-FAULT FILE FOR PLAINTIFF
These defendants are not in possession of the plaintiff’s no-fault file. A copy of it can be obtained
by serving the appropriate HIPAA compliant authorization for records.
14 – OTHER ACTIONS ARISING FROM SUBJECT ACCIDENT
These defendants are without knowledge as to any other actions relating to this demand.
15 – MAKE, MODEL AND YEAR OF DEFENDANTS’ VEHICLE
Defendants’ vehicle was a 2019 Ford Escape.
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16 – PICTURES OF VEHICLE
Defendants are not in possession of any photographs of said vehicle. There was no damage to the
vehicle because of said incident.
17 – TITLE HOLDER AND REGISTRANT OF SUBJECT VEHICLE
Title Holder may have been Dana Ford; Registrant of vehicle was Michael Rodriguez.
18 – MAINTENANCE AND/OR REPAIR RECORDS – FOR 2 YEARS PRIOR TO DATE
OF INCIDENT
Defendants are not in possession of any records for the vehicle. The leased vehicle was returned
to the dealership, Dana Ford, in January 2023, before defense counsel was served with a request
to retain/preserve said vehicle. Defendants are without knowledge as to the whereabouts of said
vehicle since it was returned to Dana Ford.
19 – PERSONS RESPONSIBLE FOR MANAGING, MAINTAINING, AND REPAIRING
VEHICLE FOR 2 YEARS PRIOR TO DATE OF INCIDENT
Defendants had the leased vehicle serviced by Dana Ford. Defendants are not in possession of any
records; said vehicle was returned to Dana Ford in January 2023 before defense counsel was
requested to retain/preserve said vehicle for inspection.
20 – INSPECTION OF VEHICLE
Said vehicle is no longer in the possession of defendants. Said vehicle was returned to dealership,
Dana Ford, in January 2023. Defendants are without knowledge as to the whereabouts of the
vehicle today.
21 – NOTICE OF CLAIM, ETC.
Defendants are not in possession of those documents.
22 – PERSONS RESIDING AT PREMISES ASSOCIATED WITH MILDRED JOSEFSON
Defendants are without any knowledge to this demand.
23 – VIDEO SURVEILLANCE / DASH CAM
Defendants are without knowledge of any of the above.
24 – 25 – VIDEOTAPES / DASH CAM
Defendants do not have any videotapes or dash cam; said vehicle was not equipped with dash cam.
26 – NOTES / MEMORANDA – CONCERNING INCIDENT -
Defendants are not in possession of any documents concerning this demand.
27 – SURVEILLANCE SYSTEM
Defendants did not possess any surveillance system.
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FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024
28 – INSPECTION OF SURVEILLANCE SYSTEM
See response to No. 27.
29 – PEOPLE RESPONSIBLE FOR SURVEILLANCE SYSTEMS, DASH CAMS OR
OTHER RECORDING DEVICES
Defendants are not in possession of any surveillance systems, dash cams or other recording
devices. Defendants did not take any surveillance systems, dash cams or other recording devices.
30 – SUBJECT VEHICLE
An inquiry concerning the vehicle is being made. The appropriate affirmation will be provided;
however, defendants are no longer in possession of the vehicle involved.
Dated: New York, New York
January 31, 2024 Yours etc.,
MORRIS DUFFY ALONSO FALEY & PITCOFF
By: ___Suey K. Chung__________________
SUEY K. CHUNG, ESQ.
Attorneys for Defendant
CHRISTINA REEP and MICHAEL RODRIGUEZ
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (PRG) 75467
TO: Via email: jl@brooklynlawfirm.com
JAMES LO, ESQ., P.C.
Attorney for Plaintiff
817 60th Street, 3rd Floor
Brooklyn, NY 11220
718.567.7999
Via email: jose.gomez@libertymutual.com
GILBERT, MCGINNIS & LIFERIEDGE
Attorneys for Defendant MILDRED JOSEFSON
PO Box 6835
Scranton, Pennsylvania 18505-6840
(212) 709-3159
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FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024
Via email: ECF@law.nyc.gov
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Defendant THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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AFFIRMATION OF SERVICE
___CAROLYN DAVILA being duly sworn, deposes, under penalty of perjury of
the State of New York, which may include fine or imprisonment, says: I am not a party to this
action am over 18 years of age and resident in the State of New York. On January 31, 2024, I
served the within RESPONSE TO PLAINTIFF’S NOTICE FOR DISCOVERY & INSPECTION
via email upon:
Via email: jl@brooklynlawfirm.com
JAMES LO, ESQ., P.C.
Attorney for Plaintiff
817 60th Street, 3rd Floor
Brooklyn, NY 11220
718.567.7999
Via email: jose.gomez@libertymutual.com
GILBERT, MCGINNIS & LIFERIEDGE
Attorneys for Defendant MILDRED JOSEFSON
PO Box 6835
Scranton, Pennsylvania 18505-6840
(212) 709-3159
Via email: ECF@law.nyc.gov
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Defendant THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
I understand that the foregoing may be used in an action or proceeding in a court of law.
__Carolyn Davila______________
CAROLYN DAVILA
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Preview
FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------------------------------------X GOU YING JIANG, Index No: 150465/2023 RESPONSE TO PLAINTIFF’S NOTICE FOR DISCOVERY Plaintiff & INSPECTION -against- DATED 01/09/2024 CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED JOSEFSON, and THE CITY OF NEW YORK Defendants, ---------------------------------------------------------------------------X Defendant, CHRISTINA REEP and MICHAEL RODRIGUEZ by their attorneys MORRIS DUFFY ALONSO FALEY & PITCOFF as and for a Response to Plaintiff’s Notice for Discovery & Inspection dated January 9, 2024 set forth the following upon information and belief: 1/2 – INSURANCE At the time of this alleged incident, the vehicle operated/owned by defendants, Christina Reep and Michael Rodriguez, was insured through Progressive Advanced Insurance Company, Policy No. 955035919, which had bodily injury limits was $25,000 per person / $50,000 per occurrence. A copy of the declaration pages is annexed. There was no other insurance coverage. Once fully executed affidavit has been returned to this office, they will be exchanged as amended response. 3 – STATEMENT Defendants are not in possession of any statements responsive to this demand. However, should any such statement become made known to the defendants, it will be exchanged. 4 – WITNESSES Defendants are unaware of any witnesses to this alleged incident other than those who might be included on the police accident report. However, if any become made known during the course of discovery, they will be exchanged as amended responses. 5 – PHOTOGRAPHS RELATING TO ACCIDENT LOCATION, VEHICLE, BUILDINGS, ETC. Defendants are not in possession of any documents related to this request. However, if any such documents are obtained during discovery, they will be exchanged as an amended answer. 1 of 6 FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 6 – PHOTOGRAPHS, VIDEOTAPES, MOTION PICTURES TO BE USED AT TIME OF TRIAL Defendants are not in possession of any documents related to this request. However, if any such documents are obtained during discovery, they will be exchanged as an amended answer. 7 – MV-104 PREPARED BY DEFENDANTS Defendants are not in possession of any documents related to this request. However, if any are obtained during discovery, it will be provided as an amended response. 8 – PROPERTY DAMAGE FILE FOR VEHICLE Defendants are not in possession of any property damage information. The vehicle sustained no damage to it because of this alleged incident. The defendant driving was going about 3-4 miles an hour. To the best of defendant’s knowledge and belief, the plaintiff only had contact with the right-side mirror. It did not break. There was no damage to it. 9 – NAME OF AUTO BODY REPAIR SHOP Defendants did not have the vehicle repaired as there was no damage to it. 10 – VEHICLE LEASING INFORMATION Defendants’ vehicle had been leased from Dana Ford, located at 266 West Service Road, Suite A, in Staten Island, New York. The vehicle was returned to Dana Ford in January 2023, before defendants were requested to retain/preserve the vehicle for inspection. Defendants are without knowledge what happened to said vehicle since it was returned to the dealership. 11 – LEASING INFORMATION These defendants are no longer in possession of a copy of the lease agreement for said vehicle. 12 – REPORTS These defendants are not in possession of any reports responsive to this demand. 13 – NO-FAULT FILE FOR PLAINTIFF These defendants are not in possession of the plaintiff’s no-fault file. A copy of it can be obtained by serving the appropriate HIPAA compliant authorization for records. 14 – OTHER ACTIONS ARISING FROM SUBJECT ACCIDENT These defendants are without knowledge as to any other actions relating to this demand. 15 – MAKE, MODEL AND YEAR OF DEFENDANTS’ VEHICLE Defendants’ vehicle was a 2019 Ford Escape. 2 of 6 FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 16 – PICTURES OF VEHICLE Defendants are not in possession of any photographs of said vehicle. There was no damage to the vehicle because of said incident. 17 – TITLE HOLDER AND REGISTRANT OF SUBJECT VEHICLE Title Holder may have been Dana Ford; Registrant of vehicle was Michael Rodriguez. 18 – MAINTENANCE AND/OR REPAIR RECORDS – FOR 2 YEARS PRIOR TO DATE OF INCIDENT Defendants are not in possession of any records for the vehicle. The leased vehicle was returned to the dealership, Dana Ford, in January 2023, before defense counsel was served with a request to retain/preserve said vehicle. Defendants are without knowledge as to the whereabouts of said vehicle since it was returned to Dana Ford. 19 – PERSONS RESPONSIBLE FOR MANAGING, MAINTAINING, AND REPAIRING VEHICLE FOR 2 YEARS PRIOR TO DATE OF INCIDENT Defendants had the leased vehicle serviced by Dana Ford. Defendants are not in possession of any records; said vehicle was returned to Dana Ford in January 2023 before defense counsel was requested to retain/preserve said vehicle for inspection. 20 – INSPECTION OF VEHICLE Said vehicle is no longer in the possession of defendants. Said vehicle was returned to dealership, Dana Ford, in January 2023. Defendants are without knowledge as to the whereabouts of the vehicle today. 21 – NOTICE OF CLAIM, ETC. Defendants are not in possession of those documents. 22 – PERSONS RESIDING AT PREMISES ASSOCIATED WITH MILDRED JOSEFSON Defendants are without any knowledge to this demand. 23 – VIDEO SURVEILLANCE / DASH CAM Defendants are without knowledge of any of the above. 24 – 25 – VIDEOTAPES / DASH CAM Defendants do not have any videotapes or dash cam; said vehicle was not equipped with dash cam. 26 – NOTES / MEMORANDA – CONCERNING INCIDENT - Defendants are not in possession of any documents concerning this demand. 27 – SURVEILLANCE SYSTEM Defendants did not possess any surveillance system. 3 of 6 FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 28 – INSPECTION OF SURVEILLANCE SYSTEM See response to No. 27. 29 – PEOPLE RESPONSIBLE FOR SURVEILLANCE SYSTEMS, DASH CAMS OR OTHER RECORDING DEVICES Defendants are not in possession of any surveillance systems, dash cams or other recording devices. Defendants did not take any surveillance systems, dash cams or other recording devices. 30 – SUBJECT VEHICLE An inquiry concerning the vehicle is being made. The appropriate affirmation will be provided; however, defendants are no longer in possession of the vehicle involved. Dated: New York, New York January 31, 2024 Yours etc., MORRIS DUFFY ALONSO FALEY & PITCOFF By: ___Suey K. Chung__________________ SUEY K. CHUNG, ESQ. Attorneys for Defendant CHRISTINA REEP and MICHAEL RODRIGUEZ 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (PRG) 75467 TO: Via email: jl@brooklynlawfirm.com JAMES LO, ESQ., P.C. Attorney for Plaintiff 817 60th Street, 3rd Floor Brooklyn, NY 11220 718.567.7999 Via email: jose.gomez@libertymutual.com GILBERT, MCGINNIS & LIFERIEDGE Attorneys for Defendant MILDRED JOSEFSON PO Box 6835 Scranton, Pennsylvania 18505-6840 (212) 709-3159 4 of 6 FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 Via email: ECF@law.nyc.gov HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 5 of 6 FILED: RICHMOND COUNTY CLERK 01/31/2024 01:08 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/31/2024 AFFIRMATION OF SERVICE ___CAROLYN DAVILA being duly sworn, deposes, under penalty of perjury of the State of New York, which may include fine or imprisonment, says: I am not a party to this action am over 18 years of age and resident in the State of New York. On January 31, 2024, I served the within RESPONSE TO PLAINTIFF’S NOTICE FOR DISCOVERY & INSPECTION via email upon: Via email: jl@brooklynlawfirm.com JAMES LO, ESQ., P.C. Attorney for Plaintiff 817 60th Street, 3rd Floor Brooklyn, NY 11220 718.567.7999 Via email: jose.gomez@libertymutual.com GILBERT, MCGINNIS & LIFERIEDGE Attorneys for Defendant MILDRED JOSEFSON PO Box 6835 Scranton, Pennsylvania 18505-6840 (212) 709-3159 Via email: ECF@law.nyc.gov HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 I understand that the foregoing may be used in an action or proceeding in a court of law. __Carolyn Davila______________ CAROLYN DAVILA 6 of 6