Preview
FILED: NASSAU COUNTY CLERK 01/31/2024 03:11 PM INDEX NO. 603466/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/31/2024
Exhibit C
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
S:\File#8951-9000\8967\PLEADINGS\8967 07-18-23 ANSW ER TO VERIFIED COMPLAINT (FOOD POISONING).wpd
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------------x Index No.: 603466/2023
ZINA DVORKINA,
Plaintiff(s), ANSWER TO
VERIFIED COMPLAINT
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
-------------------------------------------------------------------------x
Defendant(s), FANDOQ INC. s/h/a FANDOQ RESTAURANT, by its attorneys,
HOFFMAN ROTH & MATLIN, LLP, as and for its Verified Answer to the Plaintiff’s
Verified Complaint, respectfully set forth the following, upon information and belief:
AS AND FOR AN ANSWER TO COUNT I: STRICT LIABILITY
1. Denies knowledge and information sufficient to form a belief as to the
allegations contained in Paragraphs “1" and “2" of the Verified Complaint.
2. Denies knowledge and information sufficient to form a belief as to the
allegations contained in Paragraphs “3", “4", “5", “6" and “7" of the Verified Complaint,
and refers all questions of law to the Honorable Court.
3. Admits each and every allegation contained in Paragraphs “8" and “13"
of the Verified Complaint.
4. Denies each and every allegation contained in Paragraphs “9" and “10"
of the Verified Complaint.
5. Denies each and every allegation contained in Paragraphs “11", “14",
“15", “16", “17", “18", “19", “20", “21", “22", “23", “24", “25", “26", “30", “31", “32", “33"
and “34" of the Verified Complaint, and refers all questions of law to the Honorable
1 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
Court.
6. Denies each and every allegation contained in Paragraph “12" of the
Verified Complaint, except admits that the answering defendant was a tenant at a
portion of the premises located at 1610 Old Country Road, Westbury, New York 11590.
7. Denies each and every allegation contained in Paragraphs “27", “28" and
“29" of the Verified Complaint, except admits that the answering defendant’s restaurant
was open to the public.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Whatever injuries or damages the plaintiff(s) may have sustained, if any, at the
time and place upon the occasion mentioned in the Complaint same were caused in
whole or in part or contributed to or due to the negligence and fault or want of care on
the part of the plaintiff(s) and without any negligence or fault or want of care on the part
of this answering Defendant(s).
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
That the plaintiff assumed the risk herein.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
That if plaintiff(s) was caused to sustain personal injuries and/or resulting
damages at the time and place set forth in the Complaint in the manner alleged therein
through any carelessness, recklessness, acts, omissions, negligence and/or breaches
of duty and/or warranty and/or contract other than of the plaintiff(s) then the said
injuries and/or damages arose out of the several and joint carelessness, recklessness,
acts, omissions, negligence and breaches of duty and/or obligation and/or statute,
and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties
subject to in-personam jurisdiction, and if the pleading Defendant(s) is found negligent
2 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
as to the plaintiff(s) for the injuries and damages as set forth in the plaintiff(s)
Complaint, then and in that event, the relative responsibilities of said pleading
Defendant must be apportioned by the percentage liability of said non-parties subject
to in-personam jurisdiction.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
That the answering defendant(s) pleads each and every defense and protection
as set forth in Article 16 of the CPLR.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
That all the alleged dangers and risks incident to the situation mentioned in the
plaintiff’s Complaint were open, obvious and apparent and were known and/or assumed
by plaintiff(s).
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
That the plaintiff(s) failed to mitigate damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
The answering Defendant(s) claims the benefits of each and every provision of
CPLR §4545 including but not limited to, any credit or set-off by reason of any
replacement or indemnification of costs or expenses from any collateral source.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
That the plaintiff’s injuries, if any, were proximately caused by an unforeseeable,
unanticipated, independent, intervening and/or superseding event beyond the control
and unrelated to any conduct of the answering defendant.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
That the complaint fails to state a cause of action.
3 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
That the answering defendant(s) did not owe a duty of care to the plaintiff.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Any judgment entered in favor of plaintiff should be reduced pursuant to General
Obligations Law Section 15-108 by the stipulated amount of any settlement, release,
covenant not to sue or covenant not enforce a judgment on the amount of consideration
paid by any person or entity liable to plaintiff for the damages alleged in the complaint,
or in the amount of the released person’s equitable share of the damages, whichever
is greatest.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
That if a defect existed as alleged in plaintiff’s complaint, then same was de
minimis, trivial and minuscule and did not constitute a hazard and therefore, plaintiff’s
complaint should be dismissed.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
To the extent that plaintiff failed to obtain coverage available to her as an
individual or as a family member, which she is eligible to obtain, and/or failed to take
reasonable steps to protect herself from medical costs, health care of life care costs or
to avail herself of the resources, service benefits and coverage available to her under
the Affordable Care Act, then plaintiff failed to mitigate her damages and cannot
recover from such failure.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
That the Plaintiff’s Complaint should be dismissed in that there was no foreign
object in any food Plaintiff was consuming.
4 of 73
FILED: NASSAU COUNTY CLERK 07/18/2023
01/31/2024 02:56
03:11 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
That the Defendant had no duty to warn of a condition that the Plaintiff should
have reasonably expected.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
That the Plaintiff’s Complaint should be dismissed in that any food Plaintiff may
have been consuming at the answering Defendant’s restaurant did not contain any
foreign objects and was not inherently dangerous.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
That the action is barred and may not be maintained as same was
discharged in bankruptcy.
AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE
That the action is barred and may not be maintained as Plaintiff(s) was
discharged in bankruptcy.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
That the plaintiff’s ad damnum clause is improper and in violation of CPLR
3017(c).
AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS
If the plaintiff was caused to sustain personal injuries and resulting damages at
the time and place set forth in the Verified Complaint in the manner alleged therein
through any carelessness, recklessness, acts, omissions, negligence and/or breaches
of duty and/or warranty and/or contract other than of the plaintiff, then the said injuries
and damages arose out of the several and joint carelessness, recklessness, acts,
omissions, negligence and breaches of duty and/or obligation and/or statute, and/or
5 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
warranty, and/or contract in fact or implied in law, upon the part of the co-defendant(s)
of the pleading defendant(s), with indemnification and save harmless agreement and/or
responsibility by them in fact and/or implied in law and without any breaches or any
negligence of these defendant(s) contributing thereto, and if the pleading defendant(s)
are found negligent as to the plaintiff(s) for the injuries and damages as set forth in the
Verified Complaint, then and in that event, the relative responsibilities of all said
defendant(s) in fairness must be apportioned by a separate determination, in view of
the existing factual disparity and the said co-defendant(s) herein will be liable over
jointly and severally to the pleading defendant(s) and bound to fully indemnify and hold
the defendant(s) harmless for the full amount of any verdict or judgment that the
plaintiff herein may recover against these pleading defendant(s) in this action, including
all costs of investigation, disbursements, expenses and attorney's fees incurred in the
defense of this action and in the conduct of this cross-complaint.
WHEREFORE, Defendant(s), FANDOQ INC. s/h/a FANDOQ RESTAURANT,
by its attorneys, HOFFMAN ROTH & MATLIN, LLP, demands judgment dismissing the
Plaintiff’s Verified Complaint against it; and further demand judgment over and against
the Co-Defendant(s) for the amount of any judgment obtained against the answering
Defendant(s) by Plaintiff, or on the basis of apportionment of responsibility in such
amounts as a jury or Court may direct together with the costs, disbursements, and
expense of this action, and prays that judgment be entered pursuant to Article 16 of the
CPLR.
Dated: New York, New York
July 18, 2023
6 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
7 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK)
JOSHUA R. HOFFMAN, being duly sworn, deposes and says:
1. That I am a partner of the law firm of HOFFMAN ROTH & MATLIN, LLP,
the attorneys representing the Defendant(s), FANDOQ INC. s/h/a FANDOQ
RESTAURANT.
2. That I have read the attached Answer to the Verified Complaint and the
same is true to my own belief, and as to those matters I believe them to be true to the
best of my knowledge.
3. That deponent's source of information is a file maintained by my office
containing statements, reports, records of investigation and other documents developed
in the defense of this action and with which deponent is fully familiar.
4. That this verification is made by deponent because my client(s) does not
reside or maintain an office within the county where deponent currently maintains his
office.
Joshua R. Hoffman
JOSHUA R. HOFFMAN
Sworn to before me this
July 18, 2023
_____________________
NOTARY PUBLIC
8 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------x Index No.: 603466/2023
ZINA DVORKINA,
Plaintiff(s), DEMAND FOR BILL OF
PARTICULARS
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
----------------------------------------------------------------------x
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to §§ 3041-3044 of the CPLR,
plaintiff(s) are hereby required to serve a verified bill of particulars upon the
undersigned within twenty (20) days after the receipt of this demand as to the following:
1. State the date and time of the alleged incident at issue.
2. The part or portion of the premises wherein the alleged accident took
place.
3. A statement of the facts or omissions constituting the negligence claimed.
4. State the nature of the defect complained of.
5. If said occurrence took place by reason of improper or defective repair,
state when said repairs were preformed and who on behalf of defendant performed
repairs.
6. If said occurrence took place by reason of foreign substance, state the
nature thereof and how long it existed.
7. State whether defendant(s) and actual and/or constructive notice of the
alleged defective condition.
9 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
8. If it is claimed that defendant(s) had actual notice, state to whom said
notice was given and when it was given.
9. If it is claimed that defendant had constructive notice of the alleged
defective condition, state the length of time the condition existed.
10. The specific laws, rules, statues, regulations, industrial codes or
ordinances which are claimed to have been violated.
11. State whether plaintiff(s) reported the incident to defendant(s) and if so,
describe the person(s) by name and/or physical description.
12. A statement of the acts and omissions constituting the negligence claimed
against the defendant(s).
13. As to the injured plaintiff(s), state:
(A) The personal injuries suffered as a result of the alleged
occurrence;
(B) Set forth which injuries are claimed to be permanent and in what
respect they are claimed to be permanent.
14. As to the injured plaintiff(s), state the length of time the plaintiff(s)
was/were confined to each of the following:
(A) Bed;
(B) House; and
(C) Hospital, with the names and addresses of all hospital(s).
15. State separately the total amounts claimed by the plaintiff(s) as special
damages for each of the following:
(A) Physicians' services with names and addresses of attending
physician;
10 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
(B) Nurses' services;
(C) Medical supplies;
(D) Hospital expenses, with the names and addresses of all hospitals;
(E) Loss of earnings; and
(F) Any other expenses.
16. State the:
A) Occupation of the plaintiff(s);
B) Name and address of employer(s); if self-employed, state the
address of place(s) of employment and the type of business or
occupation in which plaintiff(s) was/were engaged immediately
prior to the occurrence;
C) The length of time plaintiff(s) was/were unable to attend to his/her
employment;
D) The amount of money plaintiff(s) was/were alleged to have earned
during the year prior to the occurrence; and
E) The amount of earnings the plaintiff(s)was/were alleged to have
lost as a result of the occurrence.
17. State the date of birth of the plaintiff(s).
18. State the residence address if the plaintiff(s).
19. Set forth the social security number of the plaintiff(s).
20. Identify the food item(s) Plaintiff claims were ordered from the defendant.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply
with this Demand for a Verified Bill of Particulars, within twenty (20) days, a motion will
be made for an Order precluding you from offering any evidence at the trial of this
action with respect to the foregoing Demands.
Dated: New York, New York
July 18, 2023
11 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
12 of 73
FILED: NASSAU COUNTY CLERK 01/31/2024
07/18/2023 03:11
02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------x Index No: 603466/2023
ZINA DVORKINA,
Plaintiff(s), DEMAND FOR MEDICAL
RECORDS
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
---------------------------------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division,
demand is hereby made as to the following:
1. Copies of the medical report(s) of those physician(s) who have previously
treated or examined the plaintiff(s). These shall include a detailed recital
of the injuries and/or conditions claimed to have been caused by
defendant(s), referring to and identifying x-rays and technicians reports
relative thereto.
If said reports are not in plaintiff’s or plaintiff’s attorneys' possession, duly
executed and acknowledged written authorization(s) permitting
defendant's attorneys to obtain said reports of those physicians who have
previously treated or examined the plaintiff(s).
AND
2. Duly executed and acknowledged written authorizations permitting
defendant's attorneys to obtain and make copies of (all) doctors office
records of those doctors who have previously treated or examined
plaintiff(s) for those injuries and/or conditions claimed to have been
caused by defendant(s).
AND
3. Duly executed and acknowledged written authorizations permitting
defendant's attorneys to obtain and make copies of (all) hospital records
of those hospitals at which plaintiff(s) was previously treated or examined
for the injuries and/or conditions claimed to have been caused by
defendant(s).
13 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
AND
4. Duly executed and acknowledged written authorizations permitting
Defendant's attorneys to obtain complete pharmacy or drug store records
with respect to any drugs prescribed for plaintiff from the date of the
occurrence described in the Verified Complaint to the present date.
PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand,
the appropriate motion will be made to preclude the plaintiff(s) upon trial of the within
action from offering in evidence or testifying as to any of the reports or records
demanded herein, or the substance thereof, as well as any or all of the penalties
contained in CPLR §3126.
Dated: New York, New York
July 18, 2023
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
14 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------x Index No: 603466/2023
ZINA DVORKINA,
Plaintiff(s), NOTICE OF DEPOSITION
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
--------------------------------------------------------------------------x
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to Section 3101 et seq of the CPLR, the
testimony of:
PLAINTIFF(S) and CO-DEFENDANT(S)
as adverse parties and as non-party witnesses will be taken at the time, Place and
before the person indicated below, concerning all of the relevant facts and material
allegations of fact put in issue by the pleadings in this action.
PLEASE TAKE FURTHER NOTICE, that upon said examinations, you shall have
and produce all relevant records, books, papers, documents, correspondence and
copies thereof and other writings and papers, including but not limited to, the following:
DATE: To Be Agreed Upon
PLACE: To Be Agreed Upon
BEFORE: A notary public of the State of New York
Dated: New York, New York
July 18, 2023
15 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
16 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------x Index No: 603466/2023
ZINA DVORKINA,
Plaintiff(s), DEMAND FOR
STATEMENTS AS TO
DAMAGES CLAIMED
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
------------------------------------------------------------------------x
SIRS:
PLEASE TAKE NOTICE, that demand is hereby made that pursuant to CPLR
Section 3017 that within fifteen (15) days from the date of service herein, that you serve
upon the undersigned a statement setting forth the total damages to which the plaintiff(s)
deems themselves entitled as concerns pleading defendant previously served in this
action wherein only a prayer for general relief is made.
Dated: New York, New York
July 18, 2023
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
17 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
18 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------------x Index No: 603466/2023
ZINA DVORKINA,
Plaintiff(s), DEMAND FOR
WITNESSES
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
-------------------------------------------------------------------------x
SIRS:
PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, the undersigned
hereby demands that you set forth in writing the names and addresses of the following
individuals:
1. All eye witnesses to the occurrence alleged in the Complaint.
Zellman v. Metropolitan, 45 A.D. 2d 610.
2. All occurrence witnesses. Zayas v. Morales, 45 A.D.2d 610.
3. All notice witnesses. Zayas, supra.
4. All admission witnesses. Wolf v. Davis, 108 Misc. 2d 19.
5. All witnesses who will testify as to the alleged damages.
If no such witnesses are known to the plaintiff(s), so state in a sworn reply
to this demand.
The undersigned will object upon trial to the testimony of any witnesses not so
identified if a response to this demand is not made within ten (10) days of service
hereof.
Dated: New York, New York
July 18, 2023
19 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(s)
ZINA DVORKINA
150 Broadway, 23rd Floor
New York, New York 10038
Tel: (212) 285-3800
File No.: 36116
20 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------x Index No: 603466/2023
ZINA DVORKINA,
Plaintiff(s), DEMAND FOR
PARTY STATEMENTS
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
------------------------------------------------------------------------x
SIRS:
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101, demand is hereby
made for the following:
1. Copies of any and all written statements taken of or from the defendant(s),
or any of the defendant's agents, servants or employees.
2. A statement indicating the substance of any oral statements, including
admissions against interest, taken of or from the defendant(s) or any of the defendant's
agents, servants or employees indicating the date the oral statement(s) was made, the
name and description of the person(s) who made the oral statements and the name(s)
and address(es) of the person(s) who heard the oral statement(s).
3. Copies of any and all recorded statements taken of or from the defendant(s)
or any of the defendant's agents, servants or employees.
4. Copies of any and all transcriptions of recorded statements taken of or from
the defendant(s) or any of the defendant's agents, servants or employees.
PLEASE TAKE FURTHER NOTICE, that in the event of failure to comply with
demand, the defendant(s) shall make a motion to preclude the use of such statements
21 of 73
07/18/2023 03:11
FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023
10
NYSCEF DOC. NO. 18 07/18/2023
RECEIVED NYSCEF: 01/31/2024
at trial.
Dated: New York, New York
July 18, 2023
Joshua R. Hoffman
JOSHUA R. HOFFMAN, ESQ.
HOFFMAN ROTH & MATLIN, LLP
Attorneys for Defendant(s)
FANDOQ INC. s/h/a
FANDOQ RESTAURANT
505 Eighth Avenue, Suite 1101
New York, New York 10018
Tel: (212) 964-1890
Fax: (212) 964-4306
Our File No.: 8967
TO:
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff(
Preview
FILED: NASSAU COUNTY CLERK 01/31/2024 03:11 PM INDEX NO. 603466/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/31/2024 Exhibit C 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 S:\File#8951-9000\8967\PLEADINGS\8967 07-18-23 ANSW ER TO VERIFIED COMPLAINT (FOOD POISONING).wpd SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------x Index No.: 603466/2023 ZINA DVORKINA, Plaintiff(s), ANSWER TO VERIFIED COMPLAINT -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. -------------------------------------------------------------------------x Defendant(s), FANDOQ INC. s/h/a FANDOQ RESTAURANT, by its attorneys, HOFFMAN ROTH & MATLIN, LLP, as and for its Verified Answer to the Plaintiff’s Verified Complaint, respectfully set forth the following, upon information and belief: AS AND FOR AN ANSWER TO COUNT I: STRICT LIABILITY 1. Denies knowledge and information sufficient to form a belief as to the allegations contained in Paragraphs “1" and “2" of the Verified Complaint. 2. Denies knowledge and information sufficient to form a belief as to the allegations contained in Paragraphs “3", “4", “5", “6" and “7" of the Verified Complaint, and refers all questions of law to the Honorable Court. 3. Admits each and every allegation contained in Paragraphs “8" and “13" of the Verified Complaint. 4. Denies each and every allegation contained in Paragraphs “9" and “10" of the Verified Complaint. 5. Denies each and every allegation contained in Paragraphs “11", “14", “15", “16", “17", “18", “19", “20", “21", “22", “23", “24", “25", “26", “30", “31", “32", “33" and “34" of the Verified Complaint, and refers all questions of law to the Honorable 1 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 Court. 6. Denies each and every allegation contained in Paragraph “12" of the Verified Complaint, except admits that the answering defendant was a tenant at a portion of the premises located at 1610 Old Country Road, Westbury, New York 11590. 7. Denies each and every allegation contained in Paragraphs “27", “28" and “29" of the Verified Complaint, except admits that the answering defendant’s restaurant was open to the public. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Whatever injuries or damages the plaintiff(s) may have sustained, if any, at the time and place upon the occasion mentioned in the Complaint same were caused in whole or in part or contributed to or due to the negligence and fault or want of care on the part of the plaintiff(s) and without any negligence or fault or want of care on the part of this answering Defendant(s). AS AND FOR A SECOND AFFIRMATIVE DEFENSE That the plaintiff assumed the risk herein. AS AND FOR A THIRD AFFIRMATIVE DEFENSE That if plaintiff(s) was caused to sustain personal injuries and/or resulting damages at the time and place set forth in the Complaint in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff(s) then the said injuries and/or damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and if the pleading Defendant(s) is found negligent 2 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 as to the plaintiff(s) for the injuries and damages as set forth in the plaintiff(s) Complaint, then and in that event, the relative responsibilities of said pleading Defendant must be apportioned by the percentage liability of said non-parties subject to in-personam jurisdiction. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE That the answering defendant(s) pleads each and every defense and protection as set forth in Article 16 of the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE That all the alleged dangers and risks incident to the situation mentioned in the plaintiff’s Complaint were open, obvious and apparent and were known and/or assumed by plaintiff(s). AS AND FOR A SIXTH AFFIRMATIVE DEFENSE That the plaintiff(s) failed to mitigate damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE The answering Defendant(s) claims the benefits of each and every provision of CPLR §4545 including but not limited to, any credit or set-off by reason of any replacement or indemnification of costs or expenses from any collateral source. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE That the plaintiff’s injuries, if any, were proximately caused by an unforeseeable, unanticipated, independent, intervening and/or superseding event beyond the control and unrelated to any conduct of the answering defendant. AS AND FOR A NINTH AFFIRMATIVE DEFENSE That the complaint fails to state a cause of action. 3 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 AS AND FOR A TENTH AFFIRMATIVE DEFENSE That the answering defendant(s) did not owe a duty of care to the plaintiff. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Any judgment entered in favor of plaintiff should be reduced pursuant to General Obligations Law Section 15-108 by the stipulated amount of any settlement, release, covenant not to sue or covenant not enforce a judgment on the amount of consideration paid by any person or entity liable to plaintiff for the damages alleged in the complaint, or in the amount of the released person’s equitable share of the damages, whichever is greatest. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE That if a defect existed as alleged in plaintiff’s complaint, then same was de minimis, trivial and minuscule and did not constitute a hazard and therefore, plaintiff’s complaint should be dismissed. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE To the extent that plaintiff failed to obtain coverage available to her as an individual or as a family member, which she is eligible to obtain, and/or failed to take reasonable steps to protect herself from medical costs, health care of life care costs or to avail herself of the resources, service benefits and coverage available to her under the Affordable Care Act, then plaintiff failed to mitigate her damages and cannot recover from such failure. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE That the Plaintiff’s Complaint should be dismissed in that there was no foreign object in any food Plaintiff was consuming. 4 of 73 FILED: NASSAU COUNTY CLERK 07/18/2023 01/31/2024 02:56 03:11 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE That the Defendant had no duty to warn of a condition that the Plaintiff should have reasonably expected. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE That the Plaintiff’s Complaint should be dismissed in that any food Plaintiff may have been consuming at the answering Defendant’s restaurant did not contain any foreign objects and was not inherently dangerous. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE That the action is barred and may not be maintained as same was discharged in bankruptcy. AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE That the action is barred and may not be maintained as Plaintiff(s) was discharged in bankruptcy. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE That the plaintiff’s ad damnum clause is improper and in violation of CPLR 3017(c). AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the Verified Complaint in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff, then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or 5 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 warranty, and/or contract in fact or implied in law, upon the part of the co-defendant(s) of the pleading defendant(s), with indemnification and save harmless agreement and/or responsibility by them in fact and/or implied in law and without any breaches or any negligence of these defendant(s) contributing thereto, and if the pleading defendant(s) are found negligent as to the plaintiff(s) for the injuries and damages as set forth in the Verified Complaint, then and in that event, the relative responsibilities of all said defendant(s) in fairness must be apportioned by a separate determination, in view of the existing factual disparity and the said co-defendant(s) herein will be liable over jointly and severally to the pleading defendant(s) and bound to fully indemnify and hold the defendant(s) harmless for the full amount of any verdict or judgment that the plaintiff herein may recover against these pleading defendant(s) in this action, including all costs of investigation, disbursements, expenses and attorney's fees incurred in the defense of this action and in the conduct of this cross-complaint. WHEREFORE, Defendant(s), FANDOQ INC. s/h/a FANDOQ RESTAURANT, by its attorneys, HOFFMAN ROTH & MATLIN, LLP, demands judgment dismissing the Plaintiff’s Verified Complaint against it; and further demand judgment over and against the Co-Defendant(s) for the amount of any judgment obtained against the answering Defendant(s) by Plaintiff, or on the basis of apportionment of responsibility in such amounts as a jury or Court may direct together with the costs, disbursements, and expense of this action, and prays that judgment be entered pursuant to Article 16 of the CPLR. Dated: New York, New York July 18, 2023 6 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 7 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK) JOSHUA R. HOFFMAN, being duly sworn, deposes and says: 1. That I am a partner of the law firm of HOFFMAN ROTH & MATLIN, LLP, the attorneys representing the Defendant(s), FANDOQ INC. s/h/a FANDOQ RESTAURANT. 2. That I have read the attached Answer to the Verified Complaint and the same is true to my own belief, and as to those matters I believe them to be true to the best of my knowledge. 3. That deponent's source of information is a file maintained by my office containing statements, reports, records of investigation and other documents developed in the defense of this action and with which deponent is fully familiar. 4. That this verification is made by deponent because my client(s) does not reside or maintain an office within the county where deponent currently maintains his office. Joshua R. Hoffman JOSHUA R. HOFFMAN Sworn to before me this July 18, 2023 _____________________ NOTARY PUBLIC 8 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------x Index No.: 603466/2023 ZINA DVORKINA, Plaintiff(s), DEMAND FOR BILL OF PARTICULARS -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ----------------------------------------------------------------------x COUNSELORS: PLEASE TAKE NOTICE, that pursuant to §§ 3041-3044 of the CPLR, plaintiff(s) are hereby required to serve a verified bill of particulars upon the undersigned within twenty (20) days after the receipt of this demand as to the following: 1. State the date and time of the alleged incident at issue. 2. The part or portion of the premises wherein the alleged accident took place. 3. A statement of the facts or omissions constituting the negligence claimed. 4. State the nature of the defect complained of. 5. If said occurrence took place by reason of improper or defective repair, state when said repairs were preformed and who on behalf of defendant performed repairs. 6. If said occurrence took place by reason of foreign substance, state the nature thereof and how long it existed. 7. State whether defendant(s) and actual and/or constructive notice of the alleged defective condition. 9 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 8. If it is claimed that defendant(s) had actual notice, state to whom said notice was given and when it was given. 9. If it is claimed that defendant had constructive notice of the alleged defective condition, state the length of time the condition existed. 10. The specific laws, rules, statues, regulations, industrial codes or ordinances which are claimed to have been violated. 11. State whether plaintiff(s) reported the incident to defendant(s) and if so, describe the person(s) by name and/or physical description. 12. A statement of the acts and omissions constituting the negligence claimed against the defendant(s). 13. As to the injured plaintiff(s), state: (A) The personal injuries suffered as a result of the alleged occurrence; (B) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 14. As to the injured plaintiff(s), state the length of time the plaintiff(s) was/were confined to each of the following: (A) Bed; (B) House; and (C) Hospital, with the names and addresses of all hospital(s). 15. State separately the total amounts claimed by the plaintiff(s) as special damages for each of the following: (A) Physicians' services with names and addresses of attending physician; 10 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 (B) Nurses' services; (C) Medical supplies; (D) Hospital expenses, with the names and addresses of all hospitals; (E) Loss of earnings; and (F) Any other expenses. 16. State the: A) Occupation of the plaintiff(s); B) Name and address of employer(s); if self-employed, state the address of place(s) of employment and the type of business or occupation in which plaintiff(s) was/were engaged immediately prior to the occurrence; C) The length of time plaintiff(s) was/were unable to attend to his/her employment; D) The amount of money plaintiff(s) was/were alleged to have earned during the year prior to the occurrence; and E) The amount of earnings the plaintiff(s)was/were alleged to have lost as a result of the occurrence. 17. State the date of birth of the plaintiff(s). 18. State the residence address if the plaintiff(s). 19. Set forth the social security number of the plaintiff(s). 20. Identify the food item(s) Plaintiff claims were ordered from the defendant. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Demand for a Verified Bill of Particulars, within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at the trial of this action with respect to the foregoing Demands. Dated: New York, New York July 18, 2023 11 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 12 of 73 FILED: NASSAU COUNTY CLERK 01/31/2024 07/18/2023 03:11 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------x Index No: 603466/2023 ZINA DVORKINA, Plaintiff(s), DEMAND FOR MEDICAL RECORDS -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ---------------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division, demand is hereby made as to the following: 1. Copies of the medical report(s) of those physician(s) who have previously treated or examined the plaintiff(s). These shall include a detailed recital of the injuries and/or conditions claimed to have been caused by defendant(s), referring to and identifying x-rays and technicians reports relative thereto. If said reports are not in plaintiff’s or plaintiff’s attorneys' possession, duly executed and acknowledged written authorization(s) permitting defendant's attorneys to obtain said reports of those physicians who have previously treated or examined the plaintiff(s). AND 2. Duly executed and acknowledged written authorizations permitting defendant's attorneys to obtain and make copies of (all) doctors office records of those doctors who have previously treated or examined plaintiff(s) for those injuries and/or conditions claimed to have been caused by defendant(s). AND 3. Duly executed and acknowledged written authorizations permitting defendant's attorneys to obtain and make copies of (all) hospital records of those hospitals at which plaintiff(s) was previously treated or examined for the injuries and/or conditions claimed to have been caused by defendant(s). 13 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 AND 4. Duly executed and acknowledged written authorizations permitting Defendant's attorneys to obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff from the date of the occurrence described in the Verified Complaint to the present date. PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand, the appropriate motion will be made to preclude the plaintiff(s) upon trial of the within action from offering in evidence or testifying as to any of the reports or records demanded herein, or the substance thereof, as well as any or all of the penalties contained in CPLR §3126. Dated: New York, New York July 18, 2023 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 14 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------x Index No: 603466/2023 ZINA DVORKINA, Plaintiff(s), NOTICE OF DEPOSITION -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. --------------------------------------------------------------------------x COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Section 3101 et seq of the CPLR, the testimony of: PLAINTIFF(S) and CO-DEFENDANT(S) as adverse parties and as non-party witnesses will be taken at the time, Place and before the person indicated below, concerning all of the relevant facts and material allegations of fact put in issue by the pleadings in this action. PLEASE TAKE FURTHER NOTICE, that upon said examinations, you shall have and produce all relevant records, books, papers, documents, correspondence and copies thereof and other writings and papers, including but not limited to, the following: DATE: To Be Agreed Upon PLACE: To Be Agreed Upon BEFORE: A notary public of the State of New York Dated: New York, New York July 18, 2023 15 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 16 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------x Index No: 603466/2023 ZINA DVORKINA, Plaintiff(s), DEMAND FOR STATEMENTS AS TO DAMAGES CLAIMED -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ------------------------------------------------------------------------x SIRS: PLEASE TAKE NOTICE, that demand is hereby made that pursuant to CPLR Section 3017 that within fifteen (15) days from the date of service herein, that you serve upon the undersigned a statement setting forth the total damages to which the plaintiff(s) deems themselves entitled as concerns pleading defendant previously served in this action wherein only a prayer for general relief is made. Dated: New York, New York July 18, 2023 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 17 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 18 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------x Index No: 603466/2023 ZINA DVORKINA, Plaintiff(s), DEMAND FOR WITNESSES -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. -------------------------------------------------------------------------x SIRS: PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, the undersigned hereby demands that you set forth in writing the names and addresses of the following individuals: 1. All eye witnesses to the occurrence alleged in the Complaint. Zellman v. Metropolitan, 45 A.D. 2d 610. 2. All occurrence witnesses. Zayas v. Morales, 45 A.D.2d 610. 3. All notice witnesses. Zayas, supra. 4. All admission witnesses. Wolf v. Davis, 108 Misc. 2d 19. 5. All witnesses who will testify as to the alleged damages. If no such witnesses are known to the plaintiff(s), so state in a sworn reply to this demand. The undersigned will object upon trial to the testimony of any witnesses not so identified if a response to this demand is not made within ten (10) days of service hereof. Dated: New York, New York July 18, 2023 19 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(s) ZINA DVORKINA 150 Broadway, 23rd Floor New York, New York 10038 Tel: (212) 285-3800 File No.: 36116 20 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------x Index No: 603466/2023 ZINA DVORKINA, Plaintiff(s), DEMAND FOR PARTY STATEMENTS -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ------------------------------------------------------------------------x SIRS: PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101, demand is hereby made for the following: 1. Copies of any and all written statements taken of or from the defendant(s), or any of the defendant's agents, servants or employees. 2. A statement indicating the substance of any oral statements, including admissions against interest, taken of or from the defendant(s) or any of the defendant's agents, servants or employees indicating the date the oral statement(s) was made, the name and description of the person(s) who made the oral statements and the name(s) and address(es) of the person(s) who heard the oral statement(s). 3. Copies of any and all recorded statements taken of or from the defendant(s) or any of the defendant's agents, servants or employees. 4. Copies of any and all transcriptions of recorded statements taken of or from the defendant(s) or any of the defendant's agents, servants or employees. PLEASE TAKE FURTHER NOTICE, that in the event of failure to comply with demand, the defendant(s) shall make a motion to preclude the use of such statements 21 of 73 07/18/2023 03:11 FILED: NASSAU COUNTY CLERK 01/31/2024 02:56 PM INDEX NO. 603466/2023 10 NYSCEF DOC. NO. 18 07/18/2023 RECEIVED NYSCEF: 01/31/2024 at trial. Dated: New York, New York July 18, 2023 Joshua R. Hoffman JOSHUA R. HOFFMAN, ESQ. HOFFMAN ROTH & MATLIN, LLP Attorneys for Defendant(s) FANDOQ INC. s/h/a FANDOQ RESTAURANT 505 Eighth Avenue, Suite 1101 New York, New York 10018 Tel: (212) 964-1890 Fax: (212) 964-4306 Our File No.: 8967 TO: SUBIN ASSOCIATES LLP Attorneys for Plaintiff(