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FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________________________________________________________________ __X
ANGEL CHASI,
Index No.1 521850/2018
Plaintiff,
- against - RESPONSE TO COMBINED
DEMANDS
SHORE ROAD BUILDING CORPORATION,
8801
AARON PORET REAL ESTATE and HOWARD
PORET,
Defendants.
_________________________________________________________________ --X
Defendants 8801 Shore Road Building Corporation (H8801 Shoren) and Howard Poret
(HPoretH) (collectively ffShore Road Defendantsn), by and through their attorneys, Nicoletti
Hornig 84 Sweeney, hereby answers, upon information and belief, the Combined Demands of
Plaintiff Angel Chasi (uPlaintiff,), dated March 14, 2019, as followsz
1. ALL CONTRACTS OF INSURANCE coverage in effect at the time of the
accident and/ or incident which took place on the date aforementioned that would afford primary
insurance coverage or excess insurance coverage for the owner and/or the lessee of the vehicle
and/or premises and/or land which is the subject of this action.
RESPONSEz Shore Road Defendants object to this demand as overly broad.
Notwithstanding and without waiving the foregoing objection, and in accordance with CPLR
3l01(f), we have been advised that the Shore Road Defendants were provided with insurance
under an insurance policy issued by Travelers Indemnity Company, policy no. 680-6J 177440-
18-42, with coverage limits of 391,000,000 per occurrence and a general aggregate limit of
52,000,000 and effective dates of 07/10/2018 through 07/10/2019. Additionally, we have been
advised that the Shore Road Defendants were provided insurance under an excess insurance
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policy issued by Travelers Indemnity Company, policy no. EX-1L07932A-18-42, with coverage
limits of 355,000,000 per occurrence and a general aggregate limit of 55,000,000 and effective
dates of 07/10/2018 through 07/10/2019. Shore Road Defendants will also assert their right to
coverage as additional insureds under any and all relevant insurance policies maintained by any
and all other potentially responsible entities as litigation progresses. Shore Road Defendants
reserve the right to supplement and/or amend this response.
2. ALL LIABILITY POLICIES of insurance held by any and all defendant which
would afford primary coverage to any and all defendants.
RESPONSEz Shore Road Defendants object to this demand as overly broad.
Notwithstanding and without waiving the foregoing objection, see Response Number 1.
3. Any other EXCESS OR UMBRELLA INSURANCE policies which would afford
excess coverage. In the event that there is no excess coverage we demand an affidavit from the
defendantlsl confirming that there is no excess insurance. Said affidavit must also state include
a statement that the vehicle was not leased, financed, and that no other family or household
member owns a vehicle under another insurance policy.
RESPONSEz Shore Road Defendants object to this demand as overly broad.
Notwithstanding and without waiving the foregoing objection, see Response Number 1.
4. PLAINTIFFS STATEMENTS - any and all statements, abstracts or recordings,
and/or writings taken by the defendantlsl individually or by the defendantfsjls attorneys and/or
agents, from the plaintiffIs1 with reference to the within litigation which are presently within the
possession of the defendantfsl, agents or attorneys, CPLR Q 3l0l0(c).
RESPONSEz Shore Road Defendants are not in possession of any statements responsive
to this Demand, other than those statements which have been exchanged through discovery by
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other parties, about which Shore Road Defendants have no personal knowledge as to who
generated such statement(s) and/or who distributed such statement(s). Shore Road Defendants
reserve their right to amend and/or supplement this response.
5. WRITTEN ACCIDENT REPORTS - a copy of the written report of the subject
accident prepared in the course of business or operations or practices of the defendantlsj and/or
their servants, agents and/or employees.
RESPONSEz Shore Road Defendants are not in possession of any accident reports
responsive to this Demand, other than those reports which have been exchanged through
discovery by other parties, about which Shore Road Defendants have no personal knowledge as
to who generated such repo1t(s) and/or who distributed such report(s). Shore Road Defendants
H
reserve their right to amend and/or supplement this response.
6. NAMES OF WITNESSES - The names and addresses of any witnesses to the
within accident or any conditions that may have caused said accident obtained by the
defendantfsj, agents, servants and/or employees. Zellman v. Metropolitan Transportation, 40
A.D.2d 298. Additionally, plaintiff demands the names of any witness, individual, or other person
who any party expects to call at the time of trial. Further plaintiff demands that any witness
employed by the defendants and/or within their control that they expect to call as a witness at the
time of trial must be disclosed and produced for a deposition, or plaintiff will object to said
witness at the time of trial. Further, plaintiff hereby demands the names of any witnesses, and
last known address if they are not employed by the defendant, that defendantfsl will claim are in
possession of any oral statements attributed to the plaintiff about the subject accident and/or any
issue that relates to the subject accident and/or any statement that the defendant intends to use
against plaintiff at the time of trial.
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RESPONSEz Shore Road Defendants object on the grounds that this demand is
overbroad, vague, ambiguous, and palpably improper. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are unaware of any witnesses responsive to this
demand, other than potentially the parties to this action and their current or former agents and/or
employees, potentially those individuals identified in any discovery exchanged to date or to be
exchanged, and potentially Plaintiff and his co-workers and/or supervisor(s). Further, without
making any representations as to what, if any, information these individuals may or may not have
regarding the alleged incident, upon information and belief, the following individuals were
present at the Subject Premises on July 18, 20181
Fadmiri Ndregjoni
Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218
Howard Poret
Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218
Nestor Restrepo
Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218
At this time, Shore Road Defendants make no representation as to whether any of these
individuals witnessed the alleged incident that is the subject of this litigation or whether these
individuals have any information relevant to any issues contained in Plaintiffs demands.
Further, Shore Road Defendants reserve their right to call any and all witnesses to testify at the
time of trial and Shore Road Defendants reserve the right to supplement and/or amend this
response as discovery progresses.
7. PHOTOS OF SCENE - all photographs under the control of the defendantfsj
and/or their attorney and/or representatives depicting the scene/location of the accident and
immediate area where the accident occurred. Additionally, plaintiff demands copies of any
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photographs, instruments, diagrams, models and/or any similar piece of evidence that any party
expects to use at the time of trial. All photographs should be color copies. V
RESPONSEz Shore Road Defendants object to these demands on the grounds that they
are overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing
objections, Shore Road Defendants are not in possession of any responsive photographs. Shore
Road Defendants reserve the right to supplement and/or amend this response.
8. ALL PHOTOGRAPHS, VIDEO TAPES, AND/OR OTHER VISUAL
REPRODUCTIONS of the Plaintifflsj taken by the Defendantlsj. See Marte v. W.O. Hickock
Mfg. Co. (App. Div. First Dept., N.Y.L.J., March 19, 1990, P.l Col. 31. Further, we also demand
any videotape of the accident in the possession of the defendants, or which the defendant may
obtain possession of. To the extent that said videotape is exchanged after plaintiffs deposition
we reserve our right to seek preclusion of same. To the extent that same is destroyed/taped over,
we will seek the appropriate damages for spoliation.
RESPONSEz Shore Road Defendants object to these demands on the grounds that they
are overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing
objections, Shore Road Defendants are not in possession of any responsive photographs. Shore
Road Defendants reserve the right to supplement and/or amend this response.
9. OTHER LAWSUITS -
any and all lawsuits arising from the within accident, if
any, including the names of all parties, the names and address of the attorneys representing all
parties, who have appeared in those actions, the court where the actions are pending and the index
numbers assigned to those actions.
RESPONSEz Shore Road Defendants object on the grounds that this demand is overly
broad, vague, ambiguous and palpably improper. Notwithstanding and without waiving the
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foregoing objections, Shore Road Defendants are not in possession of any materials or
information responsive to this Demand. Shore Road Defendants reserve their right to amend
and/or supplement this response.
10. PRIOR TESTIMONY M the transcripts of the minutes of any hearing, boards of
inquiry, safety review, by whatever names or designation known, including by or on behalf of
defendants/third-party defendants or any govermnental entities, concerning the subject
occurrence.
RESPONSEz Shore Road Defendants object on the grounds that this demand is overly
broad, vague, ambiguous and palpably improper. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials or
information responsive to this Demand. Shore Road Defendants reserve their right to amend
and/or supplement this response.
1 1. DEMAND FOR DOCUMENTS - any and all documents, reports, memos or other
writings that defendantfsj will seek to offer into evidence at the time of trial of this action.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, ambiguous, palpably improper and unduly burdensome. Notwithstanding
and without waiving the foregoing objections, Shore Road Defendants are not in possession of
any materials or information responsive to this Demand. Shore Road Defendants reserve their
right to amend and/or supplement this response.
DEMAND FOR DOCUMENTS
12. Copies of all daily work sheets, progress, records, plans, drawings, blueprints and
specifications relating to the work in progress on the accident date, progress photos, job logs,
inspector reports and weekly work summaries, for a two (21 month period prior to the date of the
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accident, accident reports, contracts and subcontracts and reprints of photographs taken in the
instant action at our expense. Plaintiff also demands the name of any ARCHITECT hired to
design or perform any other functions for the subject construction.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the rightto amend and/or supplement this
response.
13. Copies of all construction contracts between the owner of said premises and the
defendant, general contractor/construction manager/contractor, including all bids, contract
documents, specifications, indexes, plans, drawings, as-built plans, mechanicals, shop drawings,
purchase orders, change orders, punch lists, add ons diagrams and other records concerning the
,
preparation of the construction contract between the owner and said general
contractor/construction manager/contractor and any party with an Architect.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, annexed hereto as Exhibit HAN is a copy of the contract between Shore
Road Defendants and Demar General Construction Ltd., bates numbers SR000001-000002.
14. Copy of the contract if any between the owner and architect, including the
standard form agreement between owner and architect IAIA Formj, architects records, plans,
specifications, drawings and other records prepared by the architect and/or submitted to the
owner/contractor.
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RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
15. A full and complete copy of the deed to said premises, including the description
of the property and any ground leases between the owner and a tenant in possession.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and ambiguous.
16. If a consulting engineer was hired and/or retained by any of the parties to this
action, produce a copy of the contract, if any, between the owner/contractor and consulting
engineer, further produce all daily and weekly job reports prepared by the consulting engineer
for the sixty (601 day period prior to and including the date of the accident herein.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
17. Full and complete copies of the daily and/or weekly job reports, job logs, progress
records, manpower records superintendents records, project managerls records and/or diaries
prepared and/or maintained by the general contractor/construction manager/prime contractor for
a sixty I 601 day period prior to and including the date of the accident herein.
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RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
18. Copies of the minutes of all job, safety and gang box meetings held during the
period sixty days prior to and including the date of the accident herein.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
l9. Copies of all progress photos depicting the area of the accident reports prepared
by or received by the defendants herein from the plaintiff, plaintiffs employer or any other source
concerning the happening of the plaintiffs accident herein.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
20. Copies of any medical records with respect to medical treatment rendered to the
plaintiff, on behalf of any party at the construction site or off the construction site at the request
of the owner, general contractor, construction manager, and/or prime contractor herein, including
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full and complete copies of the office records, nurses records and any other reports received by
them for services rendered at said parties request.
RESPONSEz Shore Road Defendants object to this demand on the grounds that it is
overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing
objections, Shore Road Defendants are not in possession of any responsive reports and Shore
Road Defendants reserve the right to conduct any such medical examinations as litigation
progresses. Shore Road Defendants reserve the right to supplement and/or amend this response.
21. Timekeeperls records for a thirty (301 day period prior to and including the date
of the accident herein maintained by the timekeeper on the construction project.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
22. Full and complete copies of the subcontracts entered into between the owner,
general contractor, construction manager, prime contractor and the subcontractors, including the
plaintiffs employer, for the construction project herein.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
((A3,
foregoing objections, annexed hereto as Exhibit is a copy of the contract between Shore
Road Defendants and Demar General Construction Ltd., bates numbers SROOOOOI-000002.
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23. Copies of all accident reports prepared by or received by the defendants herein
from the plaintiff, plaintiffs employer or any other source concerning the happening of the
plaintiffs accident herein.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
24. If the accident herein involves ladders, cranes, scaffolds, hoists, slings, lifting
and/or hoisting equipment, plaintiff demands production of the full and complete rental
agreements for said equipment, including any time and manpower records concerning the
operators of said equipment, should said operators have been employed by outside companies.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
25. The name, current employment status and last known address if not still
employed, of the defendants. project manager, assistant project manager, job superintendent and
general foreman for the construction project for the thirty (3 01 day period prior to and including
the date of the accident.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague and unduly burdensome. Notwithstanding and without waiving the foregoing
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objections, see Shore Road Defendants, Response to Demand for Witness Information. Shore
Road Defendants reserve their right to amend and/or supplement this response.
26. A full and complete copy of the general contractor,s/construction managerls
project tile. If said file is voluminous, plaintiff requests that an index be prepared and supplied
to the plaintiffs attorney at this time detailing and containing the contents of said project tile.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
27. Copies of any and all OSHA correspondence received by the defendant, third-
party defendant concerning the instrumentality and/or location of the accident herein for a sixty
I601 day period prior to and including the date of the accident, including OSHA inspections,
Notice of Violations, Notice of Negotiation and resolution letters received from OSHA.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
28. Copies of any written complaints received by any party on the job site concerning
the location of the accident herein and/or the instrumentality involved in plaintiffs accident for
a sixty I601 day period prior to and including the date of the accident.
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RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
29. Copies of any and all correspondence received from the City of New York, The
Department of Buildings, and/or BEST squad regarding safety or hazard violations, noted at the
job site, including the Notice of Violations and citations.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
30. Copy of the site safety plan.
RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is
overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the
foregoing objections, Shore Road Defendants are not in possession of any materials responsive
to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this
response.
DEMAND FOR EXPERT WITNESS INFORMATION
RESPONSEz Shore Road Defendants have not retained any expert witnesses at this
time and reserves the right to retain such experts. Upon retaining any expert witnesses, and in
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accordance with CPLR 3101(d), Shore Road Defendants will supplement and/or amend this
response under a separate cover.
PLEASE TAKE FURTHER NOTICE, that Shore Road Defendants reserve their right
to supplement and/or amend their responses to all or portions of Plaintiff s Combined Demand
dated March 14, 2019.
Datedz New York, New York
January 21, 2020
NICOLETTI HORNIG 8c SWEENEY
Attorneys for Defendants
8801 S , o it Road Building Corporation and
H0 _
/lull
A
Byz
Bar Sheehan, Esq.
Dylan B. Weeks, Esq.
Wall Street Plaza
88 Pine Street, 7th Floor
New York, New York 10005
(212) 220-3830
Our Filer 91000294 BAS/DBW
T02
VIA REGULAR MAIL
Carmine J. Goncalves, Esq.
WINGATE, RUSSOTTI, SHAPIRO
84 HALPERFN LLP
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2750
New York, New York 10170
(212) 986-7353
Xz\Public Word Fi1es\9l\294\LEGAL\Response to Combined Demands 01-21-20 s.lek.docx
1 4
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NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023
EXHIBIT A
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Apl091e111o7e P2
TIE lllllllll EIIBIIII IHIIISIIIIBIIIII lll.
1114 361.1 Street. Brooklyn, New York 11218
Tel. (712) 436- 4648
Fax (718) 373-7786
E-mailz
l.lCENSESz HIC 31096458, HISW1096455, SPECIAL RIGGER H6196
lune 05, 2018
B801 Shore Road Building Corp. Rea Fire escape painting at
8801 Shore Rd 8801 Shore Rd
Brooklyn, New York 11209 Brooklyn, NY 11209
Attnz Mr. Howard Poret
Dear Sir,
After a careful and thorough inspection at the above referenced location, we hereby
propose to furnish all equipment, material and labor required to complete fire
escape painting, as followsz
1. Hand scrape and wire brush from dirt, debris and loose paint four all lines of
escape in the back of the building.
fire
2. Repairas needed.
3. Prime with a coat ofa rust inhibitive primer followed by an application of
Benjamin Moore oil base high gloss exterior paint in the color selected by
owner from manufacturers standard color charts.
4. The contractor shall provide protection. Daily cleanup of areas and final
cleanup of areas.
5. Total cost of labor and
Price excludes any additional repairs/ replacements,
The contractor assumes no responsibility for any damages occurring prior to,
r during or after completion of work if not due co the contractor-s negligence.
Demar General Construction carries WOI-REIJS compensation and liability
insurance up to five million dollars. The Contractor will add 8901 Shore Road
Building Corp as an additional insured on the COI, provided hy the contractor,
after approval of the proposal.
.1.
SRUU0001
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A51-09 1911108a p.3
This is not a binding contract. If you agree with our terms, please sign it and
fax it back to us at (718) 373-7786
Payment plan shall be discussed upon signing of the proposal.
Nonpayment shall excuse the contractor from any further performance and all
liabilities.
The contractor shall provide protection of on-site conditions
All exteriorwork described herein is subject to any and all delays caused by
weather, strikes, priority of receipt of orders, and conditions beyond
contractorls control.
The contractor shall have reasonable excess to the work area.
The place shall be left daily in the sweep clean condition.
/I
Accepted
,
,-
/ Sincerely.
M.A. Kashem
-3-
SROOOOOZ
Preview
FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________________________________________________________________ __X ANGEL CHASI, Index No.1 521850/2018 Plaintiff, - against - RESPONSE TO COMBINED DEMANDS SHORE ROAD BUILDING CORPORATION, 8801 AARON PORET REAL ESTATE and HOWARD PORET, Defendants. _________________________________________________________________ --X Defendants 8801 Shore Road Building Corporation (H8801 Shoren) and Howard Poret (HPoretH) (collectively ffShore Road Defendantsn), by and through their attorneys, Nicoletti Hornig 84 Sweeney, hereby answers, upon information and belief, the Combined Demands of Plaintiff Angel Chasi (uPlaintiff,), dated March 14, 2019, as followsz 1. ALL CONTRACTS OF INSURANCE coverage in effect at the time of the accident and/ or incident which took place on the date aforementioned that would afford primary insurance coverage or excess insurance coverage for the owner and/or the lessee of the vehicle and/or premises and/or land which is the subject of this action. RESPONSEz Shore Road Defendants object to this demand as overly broad. Notwithstanding and without waiving the foregoing objection, and in accordance with CPLR 3l01(f), we have been advised that the Shore Road Defendants were provided with insurance under an insurance policy issued by Travelers Indemnity Company, policy no. 680-6J 177440- 18-42, with coverage limits of 391,000,000 per occurrence and a general aggregate limit of 52,000,000 and effective dates of 07/10/2018 through 07/10/2019. Additionally, we have been advised that the Shore Road Defendants were provided insurance under an excess insurance FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 policy issued by Travelers Indemnity Company, policy no. EX-1L07932A-18-42, with coverage limits of 355,000,000 per occurrence and a general aggregate limit of 55,000,000 and effective dates of 07/10/2018 through 07/10/2019. Shore Road Defendants will also assert their right to coverage as additional insureds under any and all relevant insurance policies maintained by any and all other potentially responsible entities as litigation progresses. Shore Road Defendants reserve the right to supplement and/or amend this response. 2. ALL LIABILITY POLICIES of insurance held by any and all defendant which would afford primary coverage to any and all defendants. RESPONSEz Shore Road Defendants object to this demand as overly broad. Notwithstanding and without waiving the foregoing objection, see Response Number 1. 3. Any other EXCESS OR UMBRELLA INSURANCE policies which would afford excess coverage. In the event that there is no excess coverage we demand an affidavit from the defendantlsl confirming that there is no excess insurance. Said affidavit must also state include a statement that the vehicle was not leased, financed, and that no other family or household member owns a vehicle under another insurance policy. RESPONSEz Shore Road Defendants object to this demand as overly broad. Notwithstanding and without waiving the foregoing objection, see Response Number 1. 4. PLAINTIFFS STATEMENTS - any and all statements, abstracts or recordings, and/or writings taken by the defendantlsl individually or by the defendantfsjls attorneys and/or agents, from the plaintiffIs1 with reference to the within litigation which are presently within the possession of the defendantfsl, agents or attorneys, CPLR Q 3l0l0(c). RESPONSEz Shore Road Defendants are not in possession of any statements responsive to this Demand, other than those statements which have been exchanged through discovery by 2 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 other parties, about which Shore Road Defendants have no personal knowledge as to who generated such statement(s) and/or who distributed such statement(s). Shore Road Defendants reserve their right to amend and/or supplement this response. 5. WRITTEN ACCIDENT REPORTS - a copy of the written report of the subject accident prepared in the course of business or operations or practices of the defendantlsj and/or their servants, agents and/or employees. RESPONSEz Shore Road Defendants are not in possession of any accident reports responsive to this Demand, other than those reports which have been exchanged through discovery by other parties, about which Shore Road Defendants have no personal knowledge as to who generated such repo1t(s) and/or who distributed such report(s). Shore Road Defendants H reserve their right to amend and/or supplement this response. 6. NAMES OF WITNESSES - The names and addresses of any witnesses to the within accident or any conditions that may have caused said accident obtained by the defendantfsj, agents, servants and/or employees. Zellman v. Metropolitan Transportation, 40 A.D.2d 298. Additionally, plaintiff demands the names of any witness, individual, or other person who any party expects to call at the time of trial. Further plaintiff demands that any witness employed by the defendants and/or within their control that they expect to call as a witness at the time of trial must be disclosed and produced for a deposition, or plaintiff will object to said witness at the time of trial. Further, plaintiff hereby demands the names of any witnesses, and last known address if they are not employed by the defendant, that defendantfsl will claim are in possession of any oral statements attributed to the plaintiff about the subject accident and/or any issue that relates to the subject accident and/or any statement that the defendant intends to use against plaintiff at the time of trial. 3 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 RESPONSEz Shore Road Defendants object on the grounds that this demand is overbroad, vague, ambiguous, and palpably improper. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are unaware of any witnesses responsive to this demand, other than potentially the parties to this action and their current or former agents and/or employees, potentially those individuals identified in any discovery exchanged to date or to be exchanged, and potentially Plaintiff and his co-workers and/or supervisor(s). Further, without making any representations as to what, if any, information these individuals may or may not have regarding the alleged incident, upon information and belief, the following individuals were present at the Subject Premises on July 18, 20181 Fadmiri Ndregjoni Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218 Howard Poret Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218 Nestor Restrepo Last Known Addressz 8801 Shore Road, Brooklyn, New York 11218 At this time, Shore Road Defendants make no representation as to whether any of these individuals witnessed the alleged incident that is the subject of this litigation or whether these individuals have any information relevant to any issues contained in Plaintiffs demands. Further, Shore Road Defendants reserve their right to call any and all witnesses to testify at the time of trial and Shore Road Defendants reserve the right to supplement and/or amend this response as discovery progresses. 7. PHOTOS OF SCENE - all photographs under the control of the defendantfsj and/or their attorney and/or representatives depicting the scene/location of the accident and immediate area where the accident occurred. Additionally, plaintiff demands copies of any 4 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 photographs, instruments, diagrams, models and/or any similar piece of evidence that any party expects to use at the time of trial. All photographs should be color copies. V RESPONSEz Shore Road Defendants object to these demands on the grounds that they are overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any responsive photographs. Shore Road Defendants reserve the right to supplement and/or amend this response. 8. ALL PHOTOGRAPHS, VIDEO TAPES, AND/OR OTHER VISUAL REPRODUCTIONS of the Plaintifflsj taken by the Defendantlsj. See Marte v. W.O. Hickock Mfg. Co. (App. Div. First Dept., N.Y.L.J., March 19, 1990, P.l Col. 31. Further, we also demand any videotape of the accident in the possession of the defendants, or which the defendant may obtain possession of. To the extent that said videotape is exchanged after plaintiffs deposition we reserve our right to seek preclusion of same. To the extent that same is destroyed/taped over, we will seek the appropriate damages for spoliation. RESPONSEz Shore Road Defendants object to these demands on the grounds that they are overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any responsive photographs. Shore Road Defendants reserve the right to supplement and/or amend this response. 9. OTHER LAWSUITS - any and all lawsuits arising from the within accident, if any, including the names of all parties, the names and address of the attorneys representing all parties, who have appeared in those actions, the court where the actions are pending and the index numbers assigned to those actions. RESPONSEz Shore Road Defendants object on the grounds that this demand is overly broad, vague, ambiguous and palpably improper. Notwithstanding and without waiving the 5 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 foregoing objections, Shore Road Defendants are not in possession of any materials or information responsive to this Demand. Shore Road Defendants reserve their right to amend and/or supplement this response. 10. PRIOR TESTIMONY M the transcripts of the minutes of any hearing, boards of inquiry, safety review, by whatever names or designation known, including by or on behalf of defendants/third-party defendants or any govermnental entities, concerning the subject occurrence. RESPONSEz Shore Road Defendants object on the grounds that this demand is overly broad, vague, ambiguous and palpably improper. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials or information responsive to this Demand. Shore Road Defendants reserve their right to amend and/or supplement this response. 1 1. DEMAND FOR DOCUMENTS - any and all documents, reports, memos or other writings that defendantfsj will seek to offer into evidence at the time of trial of this action. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, ambiguous, palpably improper and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials or information responsive to this Demand. Shore Road Defendants reserve their right to amend and/or supplement this response. DEMAND FOR DOCUMENTS 12. Copies of all daily work sheets, progress, records, plans, drawings, blueprints and specifications relating to the work in progress on the accident date, progress photos, job logs, inspector reports and weekly work summaries, for a two (21 month period prior to the date of the 6 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 accident, accident reports, contracts and subcontracts and reprints of photographs taken in the instant action at our expense. Plaintiff also demands the name of any ARCHITECT hired to design or perform any other functions for the subject construction. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the rightto amend and/or supplement this response. 13. Copies of all construction contracts between the owner of said premises and the defendant, general contractor/construction manager/contractor, including all bids, contract documents, specifications, indexes, plans, drawings, as-built plans, mechanicals, shop drawings, purchase orders, change orders, punch lists, add ons diagrams and other records concerning the , preparation of the construction contract between the owner and said general contractor/construction manager/contractor and any party with an Architect. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, annexed hereto as Exhibit HAN is a copy of the contract between Shore Road Defendants and Demar General Construction Ltd., bates numbers SR000001-000002. 14. Copy of the contract if any between the owner and architect, including the standard form agreement between owner and architect IAIA Formj, architects records, plans, specifications, drawings and other records prepared by the architect and/or submitted to the owner/contractor. 7 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 15. A full and complete copy of the deed to said premises, including the description of the property and any ground leases between the owner and a tenant in possession. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and ambiguous. 16. If a consulting engineer was hired and/or retained by any of the parties to this action, produce a copy of the contract, if any, between the owner/contractor and consulting engineer, further produce all daily and weekly job reports prepared by the consulting engineer for the sixty (601 day period prior to and including the date of the accident herein. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 17. Full and complete copies of the daily and/or weekly job reports, job logs, progress records, manpower records superintendents records, project managerls records and/or diaries prepared and/or maintained by the general contractor/construction manager/prime contractor for a sixty I 601 day period prior to and including the date of the accident herein. 8 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 18. Copies of the minutes of all job, safety and gang box meetings held during the period sixty days prior to and including the date of the accident herein. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. l9. Copies of all progress photos depicting the area of the accident reports prepared by or received by the defendants herein from the plaintiff, plaintiffs employer or any other source concerning the happening of the plaintiffs accident herein. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 20. Copies of any medical records with respect to medical treatment rendered to the plaintiff, on behalf of any party at the construction site or off the construction site at the request of the owner, general contractor, construction manager, and/or prime contractor herein, including 9 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 full and complete copies of the office records, nurses records and any other reports received by them for services rendered at said parties request. RESPONSEz Shore Road Defendants object to this demand on the grounds that it is overly broad, vague, and ambiguous. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any responsive reports and Shore Road Defendants reserve the right to conduct any such medical examinations as litigation progresses. Shore Road Defendants reserve the right to supplement and/or amend this response. 21. Timekeeperls records for a thirty (301 day period prior to and including the date of the accident herein maintained by the timekeeper on the construction project. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 22. Full and complete copies of the subcontracts entered into between the owner, general contractor, construction manager, prime contractor and the subcontractors, including the plaintiffs employer, for the construction project herein. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the ((A3, foregoing objections, annexed hereto as Exhibit is a copy of the contract between Shore Road Defendants and Demar General Construction Ltd., bates numbers SROOOOOI-000002. 10 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 23. Copies of all accident reports prepared by or received by the defendants herein from the plaintiff, plaintiffs employer or any other source concerning the happening of the plaintiffs accident herein. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 24. If the accident herein involves ladders, cranes, scaffolds, hoists, slings, lifting and/or hoisting equipment, plaintiff demands production of the full and complete rental agreements for said equipment, including any time and manpower records concerning the operators of said equipment, should said operators have been employed by outside companies. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 25. The name, current employment status and last known address if not still employed, of the defendants. project manager, assistant project manager, job superintendent and general foreman for the construction project for the thirty (3 01 day period prior to and including the date of the accident. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague and unduly burdensome. Notwithstanding and without waiving the foregoing ll FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 objections, see Shore Road Defendants, Response to Demand for Witness Information. Shore Road Defendants reserve their right to amend and/or supplement this response. 26. A full and complete copy of the general contractor,s/construction managerls project tile. If said file is voluminous, plaintiff requests that an index be prepared and supplied to the plaintiffs attorney at this time detailing and containing the contents of said project tile. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 27. Copies of any and all OSHA correspondence received by the defendant, third- party defendant concerning the instrumentality and/or location of the accident herein for a sixty I601 day period prior to and including the date of the accident, including OSHA inspections, Notice of Violations, Notice of Negotiation and resolution letters received from OSHA. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 28. Copies of any written complaints received by any party on the job site concerning the location of the accident herein and/or the instrumentality involved in plaintiffs accident for a sixty I601 day period prior to and including the date of the accident. 12 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 29. Copies of any and all correspondence received from the City of New York, The Department of Buildings, and/or BEST squad regarding safety or hazard violations, noted at the job site, including the Notice of Violations and citations. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. 30. Copy of the site safety plan. RESPONSEz Shore Road Defendants object to this Demand on the grounds that it is overly broad, vague, and unduly burdensome. Notwithstanding and without waiving the foregoing objections, Shore Road Defendants are not in possession of any materials responsive to this Demand. Shore Road Defendants reserve the right to amend and/or supplement this response. DEMAND FOR EXPERT WITNESS INFORMATION RESPONSEz Shore Road Defendants have not retained any expert witnesses at this time and reserves the right to retain such experts. Upon retaining any expert witnesses, and in 13 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 accordance with CPLR 3101(d), Shore Road Defendants will supplement and/or amend this response under a separate cover. PLEASE TAKE FURTHER NOTICE, that Shore Road Defendants reserve their right to supplement and/or amend their responses to all or portions of Plaintiff s Combined Demand dated March 14, 2019. Datedz New York, New York January 21, 2020 NICOLETTI HORNIG 8c SWEENEY Attorneys for Defendants 8801 S , o it Road Building Corporation and H0 _ /lull A Byz Bar Sheehan, Esq. Dylan B. Weeks, Esq. Wall Street Plaza 88 Pine Street, 7th Floor New York, New York 10005 (212) 220-3830 Our Filer 91000294 BAS/DBW T02 VIA REGULAR MAIL Carmine J. Goncalves, Esq. WINGATE, RUSSOTTI, SHAPIRO 84 HALPERFN LLP Attorneys for Plaintiff 420 Lexington Avenue, Suite 2750 New York, New York 10170 (212) 986-7353 Xz\Public Word Fi1es\9l\294\LEGAL\Response to Combined Demands 01-21-20 s.lek.docx 1 4 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 EXHIBIT A FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 Apl091e111o7e P2 TIE lllllllll EIIBIIII IHIIISIIIIBIIIII lll. 1114 361.1 Street. Brooklyn, New York 11218 Tel. (712) 436- 4648 Fax (718) 373-7786 E-mailz l.lCENSESz HIC 31096458, HISW1096455, SPECIAL RIGGER H6196 lune 05, 2018 B801 Shore Road Building Corp. Rea Fire escape painting at 8801 Shore Rd 8801 Shore Rd Brooklyn, New York 11209 Brooklyn, NY 11209 Attnz Mr. Howard Poret Dear Sir, After a careful and thorough inspection at the above referenced location, we hereby propose to furnish all equipment, material and labor required to complete fire escape painting, as followsz 1. Hand scrape and wire brush from dirt, debris and loose paint four all lines of escape in the back of the building. fire 2. Repairas needed. 3. Prime with a coat ofa rust inhibitive primer followed by an application of Benjamin Moore oil base high gloss exterior paint in the color selected by owner from manufacturers standard color charts. 4. The contractor shall provide protection. Daily cleanup of areas and final cleanup of areas. 5. Total cost of labor and Price excludes any additional repairs/ replacements, The contractor assumes no responsibility for any damages occurring prior to, r during or after completion of work if not due co the contractor-s negligence. Demar General Construction carries WOI-REIJS compensation and liability insurance up to five million dollars. The Contractor will add 8901 Shore Road Building Corp as an additional insured on the COI, provided hy the contractor, after approval of the proposal. .1. SRUU0001 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/29/2023 A51-09 1911108a p.3 This is not a binding contract. If you agree with our terms, please sign it and fax it back to us at (718) 373-7786 Payment plan shall be discussed upon signing of the proposal. Nonpayment shall excuse the contractor from any further performance and all liabilities. The contractor shall provide protection of on-site conditions All exteriorwork described herein is subject to any and all delays caused by weather, strikes, priority of receipt of orders, and conditions beyond contractorls control. The contractor shall have reasonable excess to the work area. The place shall be left daily in the sweep clean condition. /I Accepted , ,- / Sincerely. M.A. Kashem -3- SROOOOOZ