Motion for Discovery in Lance Hoffman v. The City Of New York, Hilton Worldwide, Inc. D/B/A New York Hilton Midtown Manhattan, Hlt Ny Hilton Llc, Hilton Management Llc| Trellis.Law

On January 24, 2024 a Party Discovery was filed involving a dispute between Lance Hoffman, and Hilton Management Llc, Hilton Worldwide, Inc. D B A New York Hilton Midtown Manhattan, Hlt Ny Hilton Llc, The City Of New York, for Torts - Other Negligence (Trip and Fall) in the District Court of New York County.

Preview
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, DEMAND FOR VERIFIED
BILL OF PARTICULARS
Plaintiff,
Index No. 150708/2024
-against-

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that you are hereby required to serve the following

particulars of each plaintiff’s alleged causes of action herein within twenty (20) days from the

date of service hereof:

1. Set forth the full name of plaintiff and any and all names by which plaintiff has
ever been known, including but not limited to a maiden name.

2. Set forth the date, place of birth, and social security number of plaintiff.

3. Set forth the address of plaintiff at time of the alleged accident and at present.

4. Set forth the date and approximate time of day of the occurrence.

5. Set forth the part or portion of the premises where the accident is alleged to have
occurred, giving the floor number and the location thereon, so as to be readily identified; street
floor or ground floor to be considered the first floor.

6. If the occurrence took place upon a stairway, set forth the location of the stairway
in the premises, stating between what floors situated; also the particular step on said stairway,
counting from the bottom or top thereof.

7. If the accident happened on the sidewalk, lot or roadway:

A. State with specificity, the distance from the nearest intersection and from
the curb and building line to the accident site.

1 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

B. If plaintiff claims improper repair or failure to repair, state with specificity
any and all items in need of repair, indicating which were improperly
repaired and which and/or in what way there was a failure to repair.

C. If plaintiff claims improper snow removal or failure to remove, state with
specificity in what way was there improper snow removal and/or failure to
remove snow.

D. If the accident happened before or after rain or snow, state when the last
precipitation fell and/or if it was continuing at the time of the accident.

E. When the accident happened, had snow removal already taken place.

8. If the occurrence took place within the premises where plaintiff did not have
his/her place of residence, business, or employment, state whether the plaintiff claims to be a
visitor, and if so, set forth the number of the apartment or suite which plaintiff was visiting, the
name of the occupant thereof, and the purpose of the visit.

9. Set forth with specificity any and all acts or omissions constituting the negligence
claimed as against each defendant.

10. If actual notice is claimed, set forth the name of the person to whom notice is
claimed to have been given, whether notice was written or oral, the date notice was given, and, if
written, attach a copy.

11. If it is claimed that negligent repairs were made, state when, where, and by whom
on behalf of each defendant they were made and in what respect such repairs were negligently
performed.

12. If constructive notice is claimed for how long a time (in minutes, hours, days,
weeks, etc., as nearly as may be stated) did the condition exist before the occurrence.

13. What ordinances, regulations, and statutes does plaintiff claim each defendant
violated.

14. Describe the injuries sustained by plaintiff indicating the exact location, nature,
extent, and duration of each injury, their sequelæ, indicating which of those injuries are claimed
to be permanent.

15. State whether said plaintiff claims any limitation of motion, loss of use, or loss of
function as a result of the injuries alleged and, if so, state the nature, extent, and degree of
permanency thereof.

16. Set forth the names and addresses of all hospitals where plaintiff was treated or
confined as a result of the accident and state the length of time said plaintiff was treated or
confined in said hospitals, together with the dates of admission and discharge following the
accident.

-2-

2 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

17. State plaintiff’s occupation and the name and address of plaintiff’s employers:

A. At the time of the accident;

B. At the present time; and/or

if plaintiff was/is self-employed and/or engaged in some other pursuit, so state and give the
address of such employment and/or pursuit.

18. If plaintiff is/was a student, state the names and addresses of the schools attended:

A. On the date of the accident;

B. At present.

19. State the length of time, giving specific dates said plaintiff was incapacitated from
employment, school attendance, and/or from attending to his/her usual duties and vocation; the
amount of earnings or wages claimed to have been lost and the rate of wage or basis of
remuneration received by the plaintiff.

20. State the length of time plaintiff claims he/she was:

A. Totally disabled;

B. Partially disabled;

C. Unable to pursue his/her usual occupation.

21. Set forth the amounts claimed to have been sustained as special damages for:

A. Physicians’ services;

B. Medical supplies, including appliances;

C. Hospital expenses;

D. Nurses’ services;

E. X-rays, CT scans, MRI scans, and other diagnostic testing expenses;

F. Lost wages;

G. Loss of income;

H. All other items of special damages claimed.

22. State the amounts earned by said plaintiff for two (2) years prior to this accident,
giving the name and address of each employer during said years and the amount earned from
each employer.

-3-

3 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

PLEASE TAKE FURTHER NOTICE that, in the event you fail to furnish said Bill of

Particulars within said period of twenty (20) days, a motion will be made for an order precluding

each plaintiff from offering any evidence at the trial of the above action for which particulars

have not been furnished.

Dated: New York, New York
April 9, 2024

Yours, etc.,

SMITH MAZURE, P.C.
Attorneys for Defendants
Hilton Management LLC, HLT NY Hilton LLC
and New York Lessee LLC, i/s/h/a Hilton
Worldwide Inc. d/b/a New York Hilton
Midtown Manhattan
39 Broadway, 29th Floor
New York, NY 10006-3053
(212) 964-7400
Our File No. HW-00207

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
25

-4-

4 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, NOTICE FOR DISCOVERY
Plaintiff, Index No. 150708/2024

-against-

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to

serve upon and deliver to the undersigned and all other parties to this action, the following:

1. Copies of affidavits and/or affirmations and all other proofs as to the service of
process of the summons and complaint upon the Defendants, Hilton Management LLC, HLT NY
Hilton LLC and New York Lessee LLC, i/s/h/a Hilton Worldwide Inc. d/b/a New York Hilton
Midtown Manhattan.

2. If a plaintiff is self-employed or obtains income from sources other than
employment, submit copies of plaintiff’s income tax returns for a three (3) year period preceding
the date of the accident as set forth in the complaint.

3. If applicable, duly executed and acknowledged original authorizations permitting
the undersigned to obtain and copy no-fault medical and wage records for each plaintiff for the
period from the date of occurrence to the present.

4. If applicable, if a claim has or will be made pursuant to the terms of Article XVIII
of the Insurance Law of the State of New York (No-Fault Law), with respect to each and every
application:

A. Set forth the name, address, policy number and claim number of each
company to which a claim has been or will be made;

B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the plaintiff
from each company identified in the response to paragraph “4.A”.

5. If a claim has or will be made pursuant to the terms of the Workers’
Compensation Law, with respect to each and every application:

5 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

A. Set forth the name, address, policy number and claim number to which a
claim has been or will be made, together with the Workers’ Compensation
Board file number;

6. If a disability claim has or will be made pursuant to the terms of the Social
Security Law, with respect to each and every application:

A. Set forth the claim office, the address and the claim number assigned;

B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the plaintiff.

7. Pursuant to CPLR Section 4545(c) produce and permit the undersigned attorneys
to inspect and copy the contents of:

A. Each and every collateral source of payment, including but not limited to,
insurance agreements, Social Security, workers’ compensation or
employee benefit programs, and any other collateral source of payment for
past or future costs or expenses alleged to have been incurred by the
plaintiff and for which recovery is sought in the instant action;

B. A written statement setting forth any such collateral sources and their
amounts;

C. Duly executed and acknowledged written authorizations permitting the
undersigned to obtain and make copies of all records relating to collateral
source information as set forth herein.

8. Duly executed and acknowledged original authorizations permitting the
undersigned to obtain and copy:

A. Employment records for three years prior to the date of accident to
present;

B. Union records for three years prior to the date of accident to present.

PLEASE TAKE FURTHER NOTICE that the within demands are continuing

demands. In the event any of the above items are obtained after service of this demand, they are

to be furnished to this office upon receipt.

Dated: New York, New York
April 9, 2024

-2-

6 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

Yours, etc.,

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
26

-3-

7 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN,
NOTICE FOR DISCOVERY
Plaintiff,
Index No. 150708/2024
-against-

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to the rules of this Court and CPLR §§2305

and 3120, you are hereby required to serve upon and deliver to the undersigned and all other

parties to this action, the following:

1. (A) Duly executed and acknowledged written authorizations, pursuant to

CPLR §§2305 and 3120 and pursuant to HIPAA §164.508 within 30 days of this demand,

permitting HILTON MANAGEMENT LLC, HLT NY HILTON LLC AND NEW YORK

LESSEE LLC, I/S/H/A HILTON WORLDWIDE INC. D/B/A NEW YORK HILTON

MIDTOWN MANHATTAN to obtain and make copies of all records from any and all of the

following:

(i) Hospitals;
(ii) Treating and examining physicians;
(iii) Therapists;
(iv) Nursing services;
(v) Emergency medical services;
(vi) Pharmacies;
(vii) All other health care providers;

8 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

and all such records (concerning not only the injuries alleged in this action, but also all prior and

subsequent injuries to and affecting the same parts of the body) are to include, but are not limited

to:

(B) Handwritten and typed chart entries and handwritten and typed office and

other notes, including, but not limited to, the patient’s history, admittance, treatments,

procedures, discharge, bills, x-rays, CT scans, MRIs and other diagnostic tests, including, but not

limited to, reports, films, narrative reports pursuant to Uniform Court Rules §202.17, technicians

reports, tests, and records including, but not limited to, all laboratory test, the results of which

treatment and/or care was rendered to each plaintiff concerning injuries alleged.

within 30 days of service of the Note of Issue.

(D) Third set of the aforementioned written authorizations are to be provided

within 30 days of the trial.

2. In addition, plaintiff is to provide copies of detailed, written reports of examining

and/or treating physicians and/or other health care providers setting out, inter alia, said

physicians’ and/or health care providers’ findings and conclusions, including, but not limited to,

a detailed recital of the injuries and conditions as to which testimony will be offered at trial, and

referring to and identifying those x-rays, CT-scans, MRI scans, laboratory test, and technicians;

and reports that will be offered at trial.

PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §§2305 and 3120, as

amended, plaintiff is required to provide authorizations to be served with subpoenas duces tecum

requesting the production of the plaintiff’s medical records. Failure to provide authorizations

allowing for the medical provider to respond to a subpoena duces tecum will lead to an objection

-2-

9 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

at the time of the filing of the Note of Issue and Statement of Readiness by plaintiff’s counsel to

the matter being placed upon the trial calendar in violation of CPLR §§2305 and 3120.

PLEASE TAKE FURTHER NOTICE that, an authorization form is attached in

compliance with HIPAA requirements. The attached authorization form is a sample to be used

in providing medical reports, CT scans, MRIs, x-ray films, office notes, and technician and test

reports.

PLEASE TAKE FURTHER NOTICE that, if other and further discoverable medical

treatment and/or health care providers are ascertained through discovery or subpoena practice, a

continuing demand is made upon plaintiff to provide executed and acknowledged authorization

that are compliant with CPLR §§2305 and 3120 and HIPAA §164.508 within 30 days of a

request, of filing of the Note of Issue, and of trial, and defendant reserves the right to move to

strike the case from the calendar and/or move for dismissal and/or preclusions for plaintiff’s

failure to comply with this continuing demand for discoverable materials.

PLEASE TAKE FURTHER NOTICE that the above demands are deemed continuous

and that, upon further discovery, each plaintiff must comply with said demands.

Dated: New York, New York
April 9, 2024

Yours, etc.,

-3-

10 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
26

-4-

11 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]

Patient Name Date of Birth Social Security Number
Lance Hoffman
Patient Address

I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH
TREATMENT, except psychotherapy notes and CONFIDENTIAL HIV* RELATED INFORMATION only if I place my initials on
the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information and I
initial the line on the box in Item 9(a), I specifically authorize release of such information to the persons indicated in Item 8.
2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand
that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If I experience
discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division of Human
Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsible for
protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may
revoke this authorization except to the extent that action has already been taken based on this authorization.
4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for benefits
will not be conditioned upon my authorization of this disclosure.
5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9(b).
7. Name and address of health provider or entity to release this information:

8. Name and address of person(s) or category of person to whom this information will be sent:
Smith Mazure, P.C., 39 Broadway, 29th Floor, New York, NY 10006-3053
9(a). Specific information to be released:
Medical Record from (insert date) October 26, 2022 to (insert date) present
Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies,
films, referrals, consults, billing records, insurance records, and records sent to you by other health care providers.
Other: Include: (Indicate by Initialing)
Alcohol/Drug Treatment
Mental Health Information
Authorization to Discuss Health Information HIV-Related Information
(b). By initialing here I authorize
Initials Name of individual health care provider
to discuss my health information with my attorney or a governmental agency listed here:
Smith Mazure, P.C.
(Attorney/Firm Name or Governmental Agency Name)
10. Reason for release of information: 11. Date or event on which this authorization will expire:
At request of individual Three years or when claim is resolved.
Other: Legal claim for injuries sustained
12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient:

All items on this form have been completed and my questions about this form have been answered. In addition, I have been pro vided a
copy of the form.

Date:
Signature of patient or representative authorized by law

* Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which
reasonably could identify someone as having HIV symptoms or infection and information regarding a person’s contacts.

12 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, DEMAND FOR LIST
OF ATTORNEYS
Plaintiff,
Index No. 150708/2024
-against-

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to CPLR 2103(e), demand is made of you to

supply to the undersigned a list of those defendants who have appeared in the action, and the

names and addresses of the attorneys representing them, if any.

Dated: New York, New York
April 9, 2024

Yours, etc.,

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

13 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
26

-2-

14 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, DEMAND FOR PHOTOGRAPHS
Plaintiff, Index No. 150708/2024

-against-

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to the applicable portions of the C.P.L.R., you

are hereby required to produce for inspection and photocopying any and all photographs

depicting:

1. The scene of the accident.

2. The vehicles involved in the incident both before and after (if applicable).

3. Any bodily injuries alleged to have been suffered by plaintiff (if applicable).

4. Any property damage alleged to have been suffered by plaintiff (if applicable).

5. The instrumentality which caused the damages (if applicable).

Said production is to take place at the offices of SMITH MAZURE, P.C., 39 Broadway,

29th Floor, New York, NY 10006-3053, on May 9, 2024, at 2:00 o’clock in the afternoon.

PLEASE TAKE FURTHER NOTICE that legible photocopies received at this office

on or before the date specified above will be deemed acceptable.

PLEASE TAKE FURTHER NOTICE that the undersigned reserves the right to

demand duplicate prints of photographs, the reasonable cost of which will be borne by

undersigned.

15 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

PLEASE TAKE FURTHER NOTICE that if you are in possession of now, or

subsequent to the date of this demand, come into possession of video, movie, or any other type of

television or electronic media produced photographs of either the scene, the vehicle, the plaintiff,

property damage, or instrumentality, demand is made for the production thereof at the offices of

Smith Mazure, P.C..

Dated: New York, New York
April 9, 2024

Yours, etc.,

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
26

-2-

16 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, NOTICE FOR DISCOVERY
AND INSPECTION
Plaintiff, PURSUANT TO CPLR 3101(d)
-against- Index No. 150708/2024

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that demand is hereby made upon you to produce, pursuant

to CPLR 3101(d), the following within twenty (20) days of receipt of this demand:

1. Identify with specificity, including name and last known business address, each
expert witness you or the party you represent intends to call at time of trial.

2. State with specificity, the qualifications of each and every expert witness you or
the party you represent intends to call at time of trial, including, but not limited to educational
backgrounds, professional licenses obtained and state where gained, related academic
experience, work experience, relevant articles published, lectures given and professional
associations with which the expert may be affiliated.

3. State with specificity the subject matter in reasonable detail upon which the expert
is expected to testify at the time of trial.

4. With respect to each expert, state:

A. The facts and opinions upon which the expert is expected to testify at time
of trial;

B. When this expert was retained by counsel;

C. With whom the expert has consulted in reaching his opinions and
conclusions with regard to this matter and provide their last known
business address;

17 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

D. Whether this expert has had occasion to visit the scene of this occurrence,
and provide the dates involved.

5. Provide a summary of the grounds of each expert’s opinion and attach any data in
support of each opinion and conclusion.

6. Attach a complete copy of each expert’s report, including photographs, exhibits,
diagrams, charts, and any other material prepared by this expert in connection with this retainer.

7. State whether any of the named experts have previously testified on behalf of
your law office in other litigation. If so, provide case name and index number.

PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand

and, in the event that an expert is retained subsequent to your response to this demand, you are to

provide updated answers to the foregoing discovery demands. Your failure to do so will result in

the preclusion of any testimony of any expert not identified pursuant to this demand.

Dated: New York, New York
April 9, 2024

Yours, etc.,

TO:

Corporation Counsel for the City of New York
Attorney for Defendant
The City of New York
100 Church Street
New York, NY 10007
(212) 356-1000/(212) 356-1148 (F)

-2-

18 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

Roy C. Gordon & Associates, P.C.
Attorney for Plaintiff
Lance Hoffman
444 New York Avenue
Huntington, NY 11743
(631) 529-9999
MEM/exf
26

-3-

19 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
LANCE HOFFMAN, DEMAND FOR THE
NAMES AND ADDRESSES
Plaintiff, OF ALL WITNESSES
-against- Index No. 150708/2024

THE CITY OF NEW YORK, HILTON WORLDWIDE, INC.
d/b/a NEW YORK HILTON MIDTOWN MANHATTAN,
HLT NY HILTON LLC and HILTON MANAGEMENT
LLC,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that the undersigned hereby demands, pursuant to CPLR

3101(a), that you set forth in writing and under oath, within ten (10) days of the service of this

demand upon you, the name and address of each person claimed, by any party you represent, to

be a witness to any of the following:

A. The occurrence alleged in the complaint; and/or

B. Any acts, omissions or conditions which allegedly caused the occurrence
alleged in the complaint; and/or

C. Any actual notice allegedly given to any defendant or any employee of
defendant of any condition which allegedly caused the occurrence alleged
in the complaint; and/or

D. The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.

If no such witnesses are known to you, so state in reply to this demand. The undersigned

will object upon trial to the testimony of any witnesses not so identified.

PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand.

In the event any of the above items are obtained after service of this demand, they are to be

furnished to this office.

20 of 56
FILED: NEW YORK COUNTY CLERK 04/09/2024 11:11 AM INDEX NO. 150708/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/09/2024

Dated: New York, New York
April 9, 2024

Case Info

Case No.

(Subscribe to View)

Document Filed Date

April 09, 2024

Case Filing Date

January 24, 2024

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Party Discovery: Lance Hoffman v. The City Of New York, Hilton Worldwide, Inc. D/B/A New York Hilton Midtown Manhattan, Hlt Ny Hilton Llc, Hilton Management Llc

Preview

Related Topics

Case Info

Parties