Preview
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 05/20/2024
EXHIBIT "6"
FILED: NASSAU COUNTY CLERK 05/20/2024
08/24/2023 10:32
04:05 AM
PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 119
28 RECEIVED NYSCEF: 05/20/2024
08/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
ANDREW OPPENHEIMER '
Index No.: 607514/2022
Plaintiff, '
NOTICE OF DISCOVERY
AND INSPECTION AND
-against-
COMBINED DEMANDS
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN'S
PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAU COUNTY
VOLUNTEER FIREMENS PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
______________________________________________________________________x
VINU JACOB,
Plaintiff, Action # 2
-against- Index No.: 607516/2022
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN'S
PARADE AND DRILL TEAM CAPTAINS
ASSOCIATION, INC., NASSAU COUNTY
VOLUNTEER FIREMENS PARADE AND DRILL TEAM
CAPTAINS ASSOCIATION, INC., and PAUL WILDERS,
Defendants.
______________________________________________________________________Ç
PLEASE TAKE NOTICE, that the Plaintiffs demand that the Defendants, and each of
Plaintiffs'
them, produce and allow discovery and inspection to be made by the attorneys of:
PLEASE TAKE FURTHER NOTICE, that in addition to demanding all paper discovery
of items sought below, we demand all databases, electronic material, hard drives, computer discs,
flash drives, portable storage devices, cellular telephone communications, personal digital
"legacy" "cloud"
assistant (PDA), data, outlier data, data, website data/content, hyperlinks data,
1 of 10
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analog data, digital data, metadata, data transmitted or hosted by third parties or service providers
and documents relating to the categories of documents sought in native format.
1. Any and all original policies of insurance (both primary and excess) together with
any and all endorsements relating thereto, whether or not physically annexed to the original
policies of insurance, which were in force and effect and relating in any way to the
collision/occurrence which gave rise to this action. In the event that this action relates to a motor
vehicle collision, in which the operator of the motor vehicle is not the owner, you are required to
produce and allow discovery and inspection to be made by the Plaintiff s attorneys of any and all
policies of insurance (both primary and excess) together with any and all endorsements relating
thereto whether or not physically annexed to the original policies of insurance, and which were
in force and effect of any motor vehicle either owned by the operator of owned by any member
of the operator's household on the date of the collision/occurrence.
2. All photographs showing the motor vehicles of the Plaintiffs or of the Defendants
and which were involved in the collision/occurrence taken at any time following the
collision/occurrence.
3. All photographs, videos or recordings of the races, events and/or competitions
being held at the Four Towns Firefighter's Training Center on July 10, 2021.
4. All rules, regulations, polices and or procedures governing the event, race and or
competition being held at the Four Towns Firefighter's Training Center on July 10, 2021.
5. Any rules, regulations, protocols, procedures or requirements concerning the
suitability of any vehicle participating in the race, competition, and/or events being held at the
Four Towns Firefighter's Training Center on July 10, 2021.
6. Any receipts or purchase orders for the 1998 CRIG Firetruck involved in the
motor vehicle collision at the Four Towns Firefighter's Training Center on July 10, 2021.
7. Copies of any schematics, blueprints, pictures, and/or diagrams regarding the
design and construction of the 1998 CRIG Firetruck involved in the motor vehicle collision at
2 of 10
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the Four Towns Firefighter's Training Center on July 10, 2021.
8. Copies of any reports of inspection conducted by any party of the 1998 CRIG
Firetruck in connection with its participation in the events, race, competition held at the Four
Towns Firefighter's Training Center on July 10, 2021.
9. Any and all entry registration forms submitted by any Defendant concerning their
participation in the race/competition, events being held at the Four Towns Firefighter's Training
Center on July 10, 2021.
10. Copies of any canceled checks, credit card or bank statements depicting payment
for fees associated with any Defendants participation in the race, competition, and/or events
occurring at the Four Towns Firefighter's Training Center on July 21, 2021.
11. All reports, incident reports and statements made in the regular course of business
of the Defendants, whether written, recorded or otherwise, and whether or not made exclusively
for litigation purposes, and relating to the occurrence in which the Plaintiffs claim injury.
Defendants'
12. All records of maintenance and/or repair of the 1998 CRIG Fire
Truck involved in the collision herein on the date of the occurrence and for a period of two (2)
year prior thereto.
Defendants'
13. All records of inspection, maintenance and/or repair of the 1998
CRIG Fire Truck involved in the collision herein including but not limited to auto body repairs,
from the date of the occurrence and for up to one (1) year subsequent thereto.
14. Any and all photographs taken of the 1998 CRIG Fire Truck that was involved in
the incident herein for one (1) year prior to the date of collision.
15. All photographs showing the scene, site or location of the collision/occurrence
taken on the date of the accident and for 1 year prior thereto.
16. Copies of all photographs, video tapes or movies ("surveillance materials") taken
by the Defendants or on behalf of the Defendants which purport to depict the Plaintiffs. This is a
continuing demand, up to and including trial, and in the event that this demand is not complied
3 of 10
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with, the Plaintiffs will move to preclude the Defendants from offering into evidence upon the
trial of the action that which this item seeks and which the Defendants have not provided.
17. The name and address of every person, firm, business entity or other that the
Defendants claim caused, or in any way contributed to, the happening of the occurrence set forth
in the Complaint, or is responsible in whole or in part for any of the injuries and/or damages
sustained by the Plaintiffs, and over which the Plaintiffs can with due diligence obtain
jurisdiction over.
18. A copy of each and every M.V. report (MV-104) prepared by and/or signed by
any Defendant, employee or representative of the Defendants which relates to the happening of
the occurrence in which the parties were involved.
19. Copy of any and all safety and/or instructional videos relating to the activities,
events, competitions, races being conducted at the Four Towns Firefighter's Training Center on
July 10, 2021.
20. Copy of any and all written safety and/or instructional materials relating to the
activities, events, competitions, races being conducted at the Four Towns Firefighter's Training
Center on July 10, 2021.
21. Copy of any training manuals, instructions and/or videos in the possession of any
Defendant regarding policies and procedures relating to track and speed-car racing safety in
effect on July 10, 2021.
22. Copies of any and all videos depicting the incident and/or the Plaintiffs, and/or the
Defendants on the date of the occurrence prior to, at the time of, or after the occurrence.
23. List of all the employees of the Defendants and/or each of them, working at
and/or participating in the races, competitions, events at the Four Towns Firefighter's Center on
July 10, 2021. Please provide their names, titles, and (if no longer employed by the Defendants)
their last known addresses and contact information.
24. All permit applications submitted to any municipal entity relating to the hosting of
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any race, competition or event at the Four Towns Firefighter's Training Center on July 10, 2021
and for one (1) year prior.
25. All permits issued to any Defendant by any municipal entity relating to the
hosting of any race, competition or event at the Four Towns Firefighter's Training Center on July
10, 2021 and for one (1) year prior.
26. All deeds, leases, contracts, writings or rental agreements, as well as any
addendum thereto, between the Defendants, or each of them, concerning the property known as
the Four Towns Firefighter's Training Center in effect on July 10, 2021.
27. All contracts, writings and agreements, as well as any addendum thereto, between
the Defendants, or each of them, concerning the race, competition, event being held at the Four
Towns Firefighter's Training Center on July 10, 2021 for a period of one (1) year prior to the
date of the collision.
28. All records of complaints, whether written, oral or otherwise, concerning the
roadway existing at the Four Towns Firefighter's Training Center for a period of one (1) year
prior to the date of the collision.
29. Copies of any Notices of Claim filed regarding the condition of the premises
known as the Four Towns Firefighter's Training Center located at 2551 Clubhouse Road,
Merrick, New York 11566 for a period of one (1) year prior to the date of the collision.
30. All records of inspection, maintenance and/or repair regarding the premises known
as Four Towns Firefighter Training Center, located at 2551 Clubhouse Road, Merrick, New York
11566 as of July 10, 2021, and for a period of two (2) years prior thereto. If maintenance and
repair services are performed by an outside vendor, provide the name and address of the vendor
together with true and accurate copy of any applicable contract.
31. Copies of any and all reports of inspection of the Four Towns Firefighter's Training
Center performed to ascertain the suitability of the premises for the races, competition and events
being held thereat.
5 of 10
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32. The name and address of each person claimed to be a witness by any party that you
represent to any of the following:
(a) the occurrence alleged in the Complaint;
(b) as an eyewitness to the occurrence alleged in the Complaint and/or
circumstances regarding the same;
(c) any acts, omissions or conditions which allegedly caused the
occurrence alleged in the Complaint;
(d) first-hand knowledge of the condition of the site of the occurrence
at the time of the occurrence;
(e) the nature and duration of the condition alleged by the Plaintiffs to
have caused the occurrence alleged in the Complaint; and
(f) any admission or statement allegedly made by the Plaintiffs
concerning the happening of the occurrence alleged in the
Complaint.
33. The name and address of any expert the Defendants expects to call at the time of
trial setting forth:
(a) the subject matter on which each expert is expected to testify;
(b) the substance of the facts and opinions each expert is expected to
testify on;
(c) the qualifications of each expert; and
(d) the summary of grounds for the opinion expressed by each expert.
This is a continuing demand, and in the event knowledge is acquired of the name and
address of any person claimed to be a witness or participant to the occurrence which gave rise to
the commencement of this action, or who has been consulted as an expert, and such knowledge is
acquired subsequent to the receipt of this demand, up to and including the trial of this action, you
are required to set forth in writing, and under oath, the name and address of such persons. In the
6 of 10
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event this Demand is not complied with, the Plaintiff(s) will, upon the trial of this action, move
the Court to preclude and forbid the testimony of any witness offered by the Defendant(s) as to
Plaintiffs'
whom the name and address has not thereto been furnished to the attorneys, pursuant
to this Demand.
PLEASE TAKE FURTHER NOTICE, that Discovery and Inspection will take place on
Plaintiffs' attorneys'
September 15, 2023 at 10:00 a.m. at the office located at 360 Main Street,
Farmingdale, NY, 11735.
PLEASE TAKE FURTHER NOTICE, that your default will result in an application
being made to the Court for appropriate relief, with costs.
Dated: Farmingdale, New York
August 9, 2023
Yours, etc.
Maribel Gomez Esq.
GREY & GREY, LLP
Attorneys for Plaintiff
ANDREW OPPENHEIMER & VINU JACOB
360 Main Street
Farmingdale, New York 11735
516.249.1342
mgomez@greyandgrey.com
TO:
Richard J. Valent, Esq.
MCGAW & ALVENTOSA
Attorneys for Defendants
N. MERRICK FIRE DEPARTMENT, N. MERRICK FIRE DISTRICT
and PAUL WILDERS
One Jericho Plaza, 2nd Floor
Jericho, NY 11753
(516) 822-8900
File No.: NYJE 18529
richard.valent@aig.com aig.com
Andrew M. Lauri, Esq.
GALLO VITUCCI KLAR LLP
Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a
7 of 10
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MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and
BELLMORE FIRE DISTRICT
100 Crossways Park West, Suite 305
Woodbury, NY 11797
212-683-7100
File No.: GB.2022005
alauri evlaw.com
Sean Feminella, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
170 Old Country Road, Suite 200
Mineola, NY 11501
File No.: 1873-2217
sfeminella@beereadvlaw.com
The New York State Volunteer (non appearing party)
Firemen's Parade and Drill Team
Captains Association, Inc.
47 Columbia Street
Mohawk, NY 13407
Nassau County Volunteer Firemen's Parade (non appearing party)
And Drill Team Captains Association, Inc.
42 Pine Street
Hicksville, NY 11001
8 of 10
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss. :
COUNTY OF SUFFOLK )
MICHELLE VILLELLA, being duly sworn, deposes and says: I am not a party to the
action, am over 18 years of age and reside in Nassau County, State of New York. That on August
d, 2023 I served the within NOTICE OF DISCOVERY AND INSPECTION AND
COMBINED DEMANDS by depositing copy of same in an official depository under the
exclusive care and custody of the U.S. Postal Service within New York State, addressed to each
of the following persons at the last known address set forth after each name:
TO:
Richard J. Valent, Esq.
MCGAW & ALVENTOSA
Attorneys for Defendants - NORTH MERRICK FIRE NORTH MERRICK
DEPARTMENT,
FIRE DISTRICT and PAUL WILDERS
One Jericho Plaza, 2nd Floor
Jericho, NY 11753
Andrew M. Lauri, Esq.
GALLO VITUCCI KLAR LLP
Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT
100 Crossways Park West, Suite 305
Woodbury, NY 11797
Sean Feminella, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant - TOWN OF HEMPSTEAD
170 Old Country Road, Suite 200
Mineola, NY 11501
Michelle Villella
Sworn to before me this
day of August S
ni
FEk YORK
Notarry ilREA
STATE OF NEW
PUBLIC, 01FE6064419
NOTARY No.
Registration
Registration
Suffolk County
Septernber 24, 20
Qualified in September
Expires
Preview
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 05/20/2024 EXHIBIT "6" FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ANDREW OPPENHEIMER ' Index No.: 607514/2022 Plaintiff, ' NOTICE OF DISCOVERY AND INSPECTION AND -against- COMBINED DEMANDS NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN'S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ______________________________________________________________________x VINU JACOB, Plaintiff, Action # 2 -against- Index No.: 607516/2022 NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN'S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ______________________________________________________________________Ç PLEASE TAKE NOTICE, that the Plaintiffs demand that the Defendants, and each of Plaintiffs' them, produce and allow discovery and inspection to be made by the attorneys of: PLEASE TAKE FURTHER NOTICE, that in addition to demanding all paper discovery of items sought below, we demand all databases, electronic material, hard drives, computer discs, flash drives, portable storage devices, cellular telephone communications, personal digital "legacy" "cloud" assistant (PDA), data, outlier data, data, website data/content, hyperlinks data, 1 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 analog data, digital data, metadata, data transmitted or hosted by third parties or service providers and documents relating to the categories of documents sought in native format. 1. Any and all original policies of insurance (both primary and excess) together with any and all endorsements relating thereto, whether or not physically annexed to the original policies of insurance, which were in force and effect and relating in any way to the collision/occurrence which gave rise to this action. In the event that this action relates to a motor vehicle collision, in which the operator of the motor vehicle is not the owner, you are required to produce and allow discovery and inspection to be made by the Plaintiff s attorneys of any and all policies of insurance (both primary and excess) together with any and all endorsements relating thereto whether or not physically annexed to the original policies of insurance, and which were in force and effect of any motor vehicle either owned by the operator of owned by any member of the operator's household on the date of the collision/occurrence. 2. All photographs showing the motor vehicles of the Plaintiffs or of the Defendants and which were involved in the collision/occurrence taken at any time following the collision/occurrence. 3. All photographs, videos or recordings of the races, events and/or competitions being held at the Four Towns Firefighter's Training Center on July 10, 2021. 4. All rules, regulations, polices and or procedures governing the event, race and or competition being held at the Four Towns Firefighter's Training Center on July 10, 2021. 5. Any rules, regulations, protocols, procedures or requirements concerning the suitability of any vehicle participating in the race, competition, and/or events being held at the Four Towns Firefighter's Training Center on July 10, 2021. 6. Any receipts or purchase orders for the 1998 CRIG Firetruck involved in the motor vehicle collision at the Four Towns Firefighter's Training Center on July 10, 2021. 7. Copies of any schematics, blueprints, pictures, and/or diagrams regarding the design and construction of the 1998 CRIG Firetruck involved in the motor vehicle collision at 2 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 the Four Towns Firefighter's Training Center on July 10, 2021. 8. Copies of any reports of inspection conducted by any party of the 1998 CRIG Firetruck in connection with its participation in the events, race, competition held at the Four Towns Firefighter's Training Center on July 10, 2021. 9. Any and all entry registration forms submitted by any Defendant concerning their participation in the race/competition, events being held at the Four Towns Firefighter's Training Center on July 10, 2021. 10. Copies of any canceled checks, credit card or bank statements depicting payment for fees associated with any Defendants participation in the race, competition, and/or events occurring at the Four Towns Firefighter's Training Center on July 21, 2021. 11. All reports, incident reports and statements made in the regular course of business of the Defendants, whether written, recorded or otherwise, and whether or not made exclusively for litigation purposes, and relating to the occurrence in which the Plaintiffs claim injury. Defendants' 12. All records of maintenance and/or repair of the 1998 CRIG Fire Truck involved in the collision herein on the date of the occurrence and for a period of two (2) year prior thereto. Defendants' 13. All records of inspection, maintenance and/or repair of the 1998 CRIG Fire Truck involved in the collision herein including but not limited to auto body repairs, from the date of the occurrence and for up to one (1) year subsequent thereto. 14. Any and all photographs taken of the 1998 CRIG Fire Truck that was involved in the incident herein for one (1) year prior to the date of collision. 15. All photographs showing the scene, site or location of the collision/occurrence taken on the date of the accident and for 1 year prior thereto. 16. Copies of all photographs, video tapes or movies ("surveillance materials") taken by the Defendants or on behalf of the Defendants which purport to depict the Plaintiffs. This is a continuing demand, up to and including trial, and in the event that this demand is not complied 3 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 with, the Plaintiffs will move to preclude the Defendants from offering into evidence upon the trial of the action that which this item seeks and which the Defendants have not provided. 17. The name and address of every person, firm, business entity or other that the Defendants claim caused, or in any way contributed to, the happening of the occurrence set forth in the Complaint, or is responsible in whole or in part for any of the injuries and/or damages sustained by the Plaintiffs, and over which the Plaintiffs can with due diligence obtain jurisdiction over. 18. A copy of each and every M.V. report (MV-104) prepared by and/or signed by any Defendant, employee or representative of the Defendants which relates to the happening of the occurrence in which the parties were involved. 19. Copy of any and all safety and/or instructional videos relating to the activities, events, competitions, races being conducted at the Four Towns Firefighter's Training Center on July 10, 2021. 20. Copy of any and all written safety and/or instructional materials relating to the activities, events, competitions, races being conducted at the Four Towns Firefighter's Training Center on July 10, 2021. 21. Copy of any training manuals, instructions and/or videos in the possession of any Defendant regarding policies and procedures relating to track and speed-car racing safety in effect on July 10, 2021. 22. Copies of any and all videos depicting the incident and/or the Plaintiffs, and/or the Defendants on the date of the occurrence prior to, at the time of, or after the occurrence. 23. List of all the employees of the Defendants and/or each of them, working at and/or participating in the races, competitions, events at the Four Towns Firefighter's Center on July 10, 2021. Please provide their names, titles, and (if no longer employed by the Defendants) their last known addresses and contact information. 24. All permit applications submitted to any municipal entity relating to the hosting of 4 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 any race, competition or event at the Four Towns Firefighter's Training Center on July 10, 2021 and for one (1) year prior. 25. All permits issued to any Defendant by any municipal entity relating to the hosting of any race, competition or event at the Four Towns Firefighter's Training Center on July 10, 2021 and for one (1) year prior. 26. All deeds, leases, contracts, writings or rental agreements, as well as any addendum thereto, between the Defendants, or each of them, concerning the property known as the Four Towns Firefighter's Training Center in effect on July 10, 2021. 27. All contracts, writings and agreements, as well as any addendum thereto, between the Defendants, or each of them, concerning the race, competition, event being held at the Four Towns Firefighter's Training Center on July 10, 2021 for a period of one (1) year prior to the date of the collision. 28. All records of complaints, whether written, oral or otherwise, concerning the roadway existing at the Four Towns Firefighter's Training Center for a period of one (1) year prior to the date of the collision. 29. Copies of any Notices of Claim filed regarding the condition of the premises known as the Four Towns Firefighter's Training Center located at 2551 Clubhouse Road, Merrick, New York 11566 for a period of one (1) year prior to the date of the collision. 30. All records of inspection, maintenance and/or repair regarding the premises known as Four Towns Firefighter Training Center, located at 2551 Clubhouse Road, Merrick, New York 11566 as of July 10, 2021, and for a period of two (2) years prior thereto. If maintenance and repair services are performed by an outside vendor, provide the name and address of the vendor together with true and accurate copy of any applicable contract. 31. Copies of any and all reports of inspection of the Four Towns Firefighter's Training Center performed to ascertain the suitability of the premises for the races, competition and events being held thereat. 5 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 32. The name and address of each person claimed to be a witness by any party that you represent to any of the following: (a) the occurrence alleged in the Complaint; (b) as an eyewitness to the occurrence alleged in the Complaint and/or circumstances regarding the same; (c) any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint; (d) first-hand knowledge of the condition of the site of the occurrence at the time of the occurrence; (e) the nature and duration of the condition alleged by the Plaintiffs to have caused the occurrence alleged in the Complaint; and (f) any admission or statement allegedly made by the Plaintiffs concerning the happening of the occurrence alleged in the Complaint. 33. The name and address of any expert the Defendants expects to call at the time of trial setting forth: (a) the subject matter on which each expert is expected to testify; (b) the substance of the facts and opinions each expert is expected to testify on; (c) the qualifications of each expert; and (d) the summary of grounds for the opinion expressed by each expert. This is a continuing demand, and in the event knowledge is acquired of the name and address of any person claimed to be a witness or participant to the occurrence which gave rise to the commencement of this action, or who has been consulted as an expert, and such knowledge is acquired subsequent to the receipt of this demand, up to and including the trial of this action, you are required to set forth in writing, and under oath, the name and address of such persons. In the 6 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 event this Demand is not complied with, the Plaintiff(s) will, upon the trial of this action, move the Court to preclude and forbid the testimony of any witness offered by the Defendant(s) as to Plaintiffs' whom the name and address has not thereto been furnished to the attorneys, pursuant to this Demand. PLEASE TAKE FURTHER NOTICE, that Discovery and Inspection will take place on Plaintiffs' attorneys' September 15, 2023 at 10:00 a.m. at the office located at 360 Main Street, Farmingdale, NY, 11735. PLEASE TAKE FURTHER NOTICE, that your default will result in an application being made to the Court for appropriate relief, with costs. Dated: Farmingdale, New York August 9, 2023 Yours, etc. Maribel Gomez Esq. GREY & GREY, LLP Attorneys for Plaintiff ANDREW OPPENHEIMER & VINU JACOB 360 Main Street Farmingdale, New York 11735 516.249.1342 mgomez@greyandgrey.com TO: Richard J. Valent, Esq. MCGAW & ALVENTOSA Attorneys for Defendants N. MERRICK FIRE DEPARTMENT, N. MERRICK FIRE DISTRICT and PAUL WILDERS One Jericho Plaza, 2nd Floor Jericho, NY 11753 (516) 822-8900 File No.: NYJE 18529 richard.valent@aig.com aig.com Andrew M. Lauri, Esq. GALLO VITUCCI KLAR LLP Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a 7 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT 100 Crossways Park West, Suite 305 Woodbury, NY 11797 212-683-7100 File No.: GB.2022005 alauri evlaw.com Sean Feminella, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant 170 Old Country Road, Suite 200 Mineola, NY 11501 File No.: 1873-2217 sfeminella@beereadvlaw.com The New York State Volunteer (non appearing party) Firemen's Parade and Drill Team Captains Association, Inc. 47 Columbia Street Mohawk, NY 13407 Nassau County Volunteer Firemen's Parade (non appearing party) And Drill Team Captains Association, Inc. 42 Pine Street Hicksville, NY 11001 8 of 10 FILED: NASSAU COUNTY CLERK 05/20/2024 08/24/2023 10:32 04:05 AM PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 119 28 RECEIVED NYSCEF: 05/20/2024 08/24/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss. : COUNTY OF SUFFOLK ) MICHELLE VILLELLA, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside in Nassau County, State of New York. That on August d, 2023 I served the within NOTICE OF DISCOVERY AND INSPECTION AND COMBINED DEMANDS by depositing copy of same in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: TO: Richard J. Valent, Esq. MCGAW & ALVENTOSA Attorneys for Defendants - NORTH MERRICK FIRE NORTH MERRICK DEPARTMENT, FIRE DISTRICT and PAUL WILDERS One Jericho Plaza, 2nd Floor Jericho, NY 11753 Andrew M. Lauri, Esq. GALLO VITUCCI KLAR LLP Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT 100 Crossways Park West, Suite 305 Woodbury, NY 11797 Sean Feminella, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant - TOWN OF HEMPSTEAD 170 Old Country Road, Suite 200 Mineola, NY 11501 Michelle Villella Sworn to before me this day of August S ni FEk YORK Notarry ilREA STATE OF NEW PUBLIC, 01FE6064419 NOTARY No. Registration Registration Suffolk County Septernber 24, 20 Qualified in September Expires