Preview
FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------- x Index no. 718657/2023
SHAKIM WEEKES
Plaintiff,
-against -
COMBINED DEMANDS
JOHN DOE and
HYM TRANSPORT INC.
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to the pertinent statutory and case law,
defendants are required to serve upon plaintiff within twenty (20) days after the receipt of this
Combined Notice and Demands, the following items:
NOTICE FOR DISCOVERY AND INSPECTION
1. True, legible and complete copies of any and all repair and maintenance records for
defendant’s motor vehicle following the occurrence and for a period of one (1) year prior to the
date of this occurrence. If no such records exist, then submit a sworn statement to that effect.
2. True, legible and complete copy, if any, of the New York State Department of
Motor Vehicles Form MV-104, completed by defendant as a result of this occurrence. If no such
reports exist, then submit a sworn statement to that effect.
3. True, legible and complete copies, if any, of all written accident or incident reports
in your possession, or in the possession of defendant, relating to this occurrence. If no such report
exists, then submit a sworn statement to that effect.
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4. If defendant was in possession of a cell phone at the time of this incident, then all
cellular phone billing records for one (1) hour before and one (1) hour after the time of this incident
on the date of this occurrence. If defendant was not in possession of a cell phone, then submit a
sworn statement to that effect.
DEMAND FOR JOHN DOE INFORMAION
1. True, legible and complete copies of JOHN DOE’S employee information,
including name, address and driving record.
2. Any and all information pertaining to John Doe’s license information and training
history.
3. All records of John Doe’s compliance with DMV training and OSHA standards.
DEMAND FOR PHOTOGRAPHS
Pursuant to Reese v. Long Island Railroad, 46 Misc.2d 5, 46 AD 581; Murdick v.
Bush, 254 NYS2d 54 and Hayward v. Willard Mountain, Inc., 266 NYS2d 475, provide all
photographs of plaintiff, the scene of the occurrence, the vehicles involved, or other photographs
bearing on any fact or on either the issue of liability or damages herein. If no such photographs
are known to you or in your possession, please state same in reply.
DEMAND FOR NAMES & ADDRESS OF WITNESSES
The name and address of any witness, including co-defendant JOHN DOE, to this
occurrence or event that forms the basis of this litigation, or to the condition or conditions relating
to same, or to any fact bearing on the issue of liability or damages herein, including, but not limited
to, surveillance or observations made of plaintiff at any time prior to the trial of this action. If no
such persons are known to you or in your possession, please state same in reply.
DEMAND FOR ANY STATEMENTS
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Pursuant to CPLR §3101(e), all statements of plaintiff whether signed, unsigned,
recorded on tape electronically, magnetically or otherwise, made or taken by or on behalf of or in
the possession of your defendant or his attorneys. If there are no such statements or recordings
known to you or in your possession, please state same in reply.
DEMAND FOR SURVEILLANCE INFORMATION
Pursuant to CPLR §3101(i), all films, photographs, video tapes or audio tapes,
including transcripts or memoranda thereof, involving plaintiff, or any other document, record or
thing resulting from or relating to any surveillance conducted of plaintiff herein, including
out-takes, at any time up to the trial of this action by or on behalf of or in the possession of your
defendant, his attorneys or insurers, regardless of whether or not your defendant intends to use
same upon the trial of this action. If there was no such surveillance and there are no such records,
known to you or in your possession, please state same in reply.
DEMAND FOR EXPERT WITNESS INFORMATION
a. Pursuant to CPLR §3101(d), the name and address of each expert witness whom
you expect to call at the trial of this action;
b. The name and address of the company, firm or other legal entity by whom and/or
with which each such expert is employed or associated;
c. A detailed statement of the subject matter upon which each of such experts is
expected to testify;
d. The substance of the facts and opinions upon which each such expert is expected
to testify;
e. The full qualifications of each such expert witness including a copy of the resume
or Curriculum Vitae;
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f. A summary of the grounds for each opinion as to which each of such experts is
expected to testify;
g. If any of such experts intends to rely upon, refer to or introduce into evidence any
portion of any technical standard or learned treatise or journal or article, you are hereby required
to identify the same, including, in the case of standards, the issuing body and the standard number,
and in the case of treatises, the author, title, publication date, publisher and page reference within
the treatise, and in the case of journals or articles, the title of the publication, volume number, page
number, publication date and publisher.
DEMAND FOR INSURANCE AGREEMENTS
a. Pursuant to CPLR §3101(f) and 3122-b, defendant shall provide true, legible and
complete copies, of each and every primary, contributing or excess insurance agreement under
which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for payments made to
satisfy the judgment;
b. True, legible and complete copies of each and every insurance agreement in which
the insurer is obligated to defend this action;
c. The total limits of all applicable insurance coverage;
d. Defendant(s) is to submit a personal affidavit regarding available insurance, the
total limits and the name of the handler assigned to the claim pursuant to CPLR 3122-b and
attorney is to submit a certification regarding same;
e. The contact information of the adjuster, including email of adjuster handling claim.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §3101(h), each
and every one of the foregoing demands for disclosure are continuing and require prompt
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amendment or supplementation upon obtaining information that the response was incorrect or
incomplete when made, or that the response, though correct and complete when made, no longer
is correct and complete, or at any time that additional information becomes available to your
defendant or his attorneys, or where there is a change in circumstances warranting further
disclosure, all up to the time of trial.
PLEASE TAKE FURTHER NOTICE, that upon the failure of defendant, or his
attorneys, to comply fully with the demands contained herein and to make full and timely
disclosure as required by law, objection will be made at time of trial or prior thereto to any attempt
to introduce material not previously disclosed, and appropriate sanctions will be sought in
accordance with applicable provisions of law.
PLEASE TAKE FURTHER NOTICE, that you are required to identify
each document being withheld from disclosure in the manner set forth in CPLR §3122(b).
Yours, etc.,
CARRION ACCIDENT & INJURY
ATTORNEYS, PLLC
BY: _______________________________
Robert L. Astrachan, Esq.
Attorneys for Plaintiff
SHAKIM WEEKES
228 Park Ave. S, #23112
New York, New York 10003
(212) 433-3100
Dated: October 9, 2023
TO: GALLO, VITUCCI, KLAR, LLP
Attorneys for Defendants
JOHN DOE and
HYM TRANSPORT, INC.,
90 Broad Street, 12th Floor
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New York, New York 10004
(212) 683-7100
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Preview
FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------- x Index no. 718657/2023 SHAKIM WEEKES Plaintiff, -against - COMBINED DEMANDS JOHN DOE and HYM TRANSPORT INC. Defendants. ----------------------------------------------------------------- x C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to the pertinent statutory and case law, defendants are required to serve upon plaintiff within twenty (20) days after the receipt of this Combined Notice and Demands, the following items: NOTICE FOR DISCOVERY AND INSPECTION 1. True, legible and complete copies of any and all repair and maintenance records for defendant’s motor vehicle following the occurrence and for a period of one (1) year prior to the date of this occurrence. If no such records exist, then submit a sworn statement to that effect. 2. True, legible and complete copy, if any, of the New York State Department of Motor Vehicles Form MV-104, completed by defendant as a result of this occurrence. If no such reports exist, then submit a sworn statement to that effect. 3. True, legible and complete copies, if any, of all written accident or incident reports in your possession, or in the possession of defendant, relating to this occurrence. If no such report exists, then submit a sworn statement to that effect. 1 of 6 FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 4. If defendant was in possession of a cell phone at the time of this incident, then all cellular phone billing records for one (1) hour before and one (1) hour after the time of this incident on the date of this occurrence. If defendant was not in possession of a cell phone, then submit a sworn statement to that effect. DEMAND FOR JOHN DOE INFORMAION 1. True, legible and complete copies of JOHN DOE’S employee information, including name, address and driving record. 2. Any and all information pertaining to John Doe’s license information and training history. 3. All records of John Doe’s compliance with DMV training and OSHA standards. DEMAND FOR PHOTOGRAPHS Pursuant to Reese v. Long Island Railroad, 46 Misc.2d 5, 46 AD 581; Murdick v. Bush, 254 NYS2d 54 and Hayward v. Willard Mountain, Inc., 266 NYS2d 475, provide all photographs of plaintiff, the scene of the occurrence, the vehicles involved, or other photographs bearing on any fact or on either the issue of liability or damages herein. If no such photographs are known to you or in your possession, please state same in reply. DEMAND FOR NAMES & ADDRESS OF WITNESSES The name and address of any witness, including co-defendant JOHN DOE, to this occurrence or event that forms the basis of this litigation, or to the condition or conditions relating to same, or to any fact bearing on the issue of liability or damages herein, including, but not limited to, surveillance or observations made of plaintiff at any time prior to the trial of this action. If no such persons are known to you or in your possession, please state same in reply. DEMAND FOR ANY STATEMENTS 2 of 6 FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 Pursuant to CPLR §3101(e), all statements of plaintiff whether signed, unsigned, recorded on tape electronically, magnetically or otherwise, made or taken by or on behalf of or in the possession of your defendant or his attorneys. If there are no such statements or recordings known to you or in your possession, please state same in reply. DEMAND FOR SURVEILLANCE INFORMATION Pursuant to CPLR §3101(i), all films, photographs, video tapes or audio tapes, including transcripts or memoranda thereof, involving plaintiff, or any other document, record or thing resulting from or relating to any surveillance conducted of plaintiff herein, including out-takes, at any time up to the trial of this action by or on behalf of or in the possession of your defendant, his attorneys or insurers, regardless of whether or not your defendant intends to use same upon the trial of this action. If there was no such surveillance and there are no such records, known to you or in your possession, please state same in reply. DEMAND FOR EXPERT WITNESS INFORMATION a. Pursuant to CPLR §3101(d), the name and address of each expert witness whom you expect to call at the trial of this action; b. The name and address of the company, firm or other legal entity by whom and/or with which each such expert is employed or associated; c. A detailed statement of the subject matter upon which each of such experts is expected to testify; d. The substance of the facts and opinions upon which each such expert is expected to testify; e. The full qualifications of each such expert witness including a copy of the resume or Curriculum Vitae; 3 of 6 FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 f. A summary of the grounds for each opinion as to which each of such experts is expected to testify; g. If any of such experts intends to rely upon, refer to or introduce into evidence any portion of any technical standard or learned treatise or journal or article, you are hereby required to identify the same, including, in the case of standards, the issuing body and the standard number, and in the case of treatises, the author, title, publication date, publisher and page reference within the treatise, and in the case of journals or articles, the title of the publication, volume number, page number, publication date and publisher. DEMAND FOR INSURANCE AGREEMENTS a. Pursuant to CPLR §3101(f) and 3122-b, defendant shall provide true, legible and complete copies, of each and every primary, contributing or excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment; b. True, legible and complete copies of each and every insurance agreement in which the insurer is obligated to defend this action; c. The total limits of all applicable insurance coverage; d. Defendant(s) is to submit a personal affidavit regarding available insurance, the total limits and the name of the handler assigned to the claim pursuant to CPLR 3122-b and attorney is to submit a certification regarding same; e. The contact information of the adjuster, including email of adjuster handling claim. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §3101(h), each and every one of the foregoing demands for disclosure are continuing and require prompt 4 of 6 FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 amendment or supplementation upon obtaining information that the response was incorrect or incomplete when made, or that the response, though correct and complete when made, no longer is correct and complete, or at any time that additional information becomes available to your defendant or his attorneys, or where there is a change in circumstances warranting further disclosure, all up to the time of trial. PLEASE TAKE FURTHER NOTICE, that upon the failure of defendant, or his attorneys, to comply fully with the demands contained herein and to make full and timely disclosure as required by law, objection will be made at time of trial or prior thereto to any attempt to introduce material not previously disclosed, and appropriate sanctions will be sought in accordance with applicable provisions of law. PLEASE TAKE FURTHER NOTICE, that you are required to identify each document being withheld from disclosure in the manner set forth in CPLR §3122(b). Yours, etc., CARRION ACCIDENT & INJURY ATTORNEYS, PLLC BY: _______________________________ Robert L. Astrachan, Esq. Attorneys for Plaintiff SHAKIM WEEKES 228 Park Ave. S, #23112 New York, New York 10003 (212) 433-3100 Dated: October 9, 2023 TO: GALLO, VITUCCI, KLAR, LLP Attorneys for Defendants JOHN DOE and HYM TRANSPORT, INC., 90 Broad Street, 12th Floor 5 of 6 FILED: QUEENS COUNTY CLERK 10/13/2023 12:34 PM INDEX NO. 718657/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/13/2023 New York, New York 10004 (212) 683-7100 6 of 6