On July 16, 2014 a
Party Notice
was filed
involving a dispute between
Kathryn Gamblin,
and
City Of Buffalo,
Westminister Community Charter School,
for Tort
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 08/04/2014 04:30 PM INDEX NO. 807656/2014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/04/2014
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
KATHRYN GAMBLIN
Plaintiff, DISCOVERY I)EMANDS
vs. TO CODEFENI)ANT
Index # 807656/20 14
CITY OF I3VFFAL()
WESTMINSTER COMMUNITY
CHARTER SCHOOL
Defendants.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law
and Rules, we request that you furnish the following within twenty (20) days of the
service of this demand;
1. Copies of all statements, signed or otherwise, of representatives of
defendant, or the present and former agents, servants or employees of defendant, pursuant
to hoop v. Af,dlan-Ros.v Corporation, 94 A.D.2d 949 (4 Dept. 1983).
2. The names and addresses of each and every witness:
a. to the incident which is the subject of this action;
b. to any alleged defective condition:
c. to any notice to any defendant;
d. to any admission by or attributable to any defendant:
e. to any other element reflecting on liability.
th
4
(
(See 0 ‘Connoi . Larson. 74 A.i).2d 734 Dept. 1980) and fJ!/ v. David. 108
Misc.2d 19(1981).
3. I)uplicates of all photographs. slides or videotapes of the scene of the
incident which is the subject of this litigation and the instrumentalities involved.
4. Copies of all liability and indemnity agreements and insurance policies
which may provide primary or excess insurance coverage or a defense and indemnity for
the causes of action alleged in the complaint.
5. Copies of any and allaccident and/or incident reports related to the
accident which serves as the basis for the causes of action alleged in the complaint.
6. Copies of any and allletters, correspondence, c-mails, text messages,
and/or any other communication(s) between the parties as related to the accident.
8. A separate statement containing the following information regarding each
expert witness who is expected to testif’ at trial:
f. the name and address of each expert witness expected to testify at trial;
g. the qualifications of each expert witness;
h. the subject matter on which each expert is expected to testify;
i. the facts on which each expert is expected to rely;
j. the opinions to which each expert is expected to testify:
k. a summary of the grounds lbr each opinion to which expert is expected
to testift.
1)ATE1): August 4, 2014
GOERGEN, MANSON AND HUENKE
BY: KELLY J. PHILIPS, ESQ.
A ttorneys for WESTMINSTER COMMUNITY
CHARTER SCHOOL
726 Exchange Street Suite 1021
Buffalo, New York 14210
Telephone (716) 857-2080
TO: THEARTHUR DUNCAN, Ii, ESQ.
CC: BRITTANY LEE PENBERTHY, ESQ.
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
KAThRYN CAMBLIN
Plaintiff. DISCOVERY I)EMANI)S
‘es. TO CO-DEFENDANT
Index # 807656/20 14
CITY OF BtJFFAL()
WESTMINSTER COMMUNITY
CHARTER SCHOOL
Defendants.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law
and Rules, we request that you furnish the following within twenty (20) days of the
service of this demand:
1. Copies of all statements. signed or otherwise, of representatives of
defendant. or the present and former agents. servants or emploees of defendant. pursuant
to 7oup v. 1id/wi-Ros.s Corporation. 94 A.l).2d 949 (4 Dept. 1983).
2. l’he names and addresses of each and ever itness:
a. to the incident vhich is the subject of this action:
b. to any alleged defective condition;
c. to any notice to any defendant;
d. to any admission by or attributable to any defendant;
e. to any other element reflecting on liability.
(See O’Connor v. Larson, 74 A.D.2d 734 (4 Dept. 1980) and Wol/v. David. 108
Misc.2d 19 (1981).
3. 1)uplicates of all photographs. slides or videotapes of the scene of the
incident which is the subject of this litigation and the instrumentalities involved.
4. Copies of all liabilit and indemnii agreements and insurance policies
\\hich may provide primary or excess insurance co erage or a defense and indemnit\ br
the causes of action alleged in the complaint.
5. Copies of any and allaccident and/or incident reports related to the
accident which serves as the basis for the causes of action alleged in the complaint.
6. Copies of any and allletters, correspondence, emails, text messages,
and/or any other communication(s) between the parties as related to the accident.
7. A separate statement containing the following information regarding each
expert witness who is expected to testify at trial:
f. the name and address of each expert witness expected to testify at trial;
g. the qualifications of each expert witness;
h. the subject matter on which each expert is expected to testify;
i. the facts on which each expert is expected to rely;
j. the opinions to which each expert is expected to testify;
k. a summary of the grounds for each opinion to which expert is expected
to testify.
I)ATEI): August 4, 2014
7
KELLY J. PHILIPS, ESQ.
Attorneysfor WESTMINSTER COMMUNiTY
(HARTER SCHOOL
726 Exchange Street Suite 1021
Buffalo, New York 14210
Telephone (716) 857-2080
TO: THEARTIIUR DUNCAN, II, ESQ.
CC: BRITTANY LEE PENI3ERTHY, ESQ.
Document Filed Date
August 04, 2014
Case Filing Date
July 16, 2014
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FILED: ERIE COUNTY CLERK 08/04/2014 04:30 PM INDEX NO. 807656/2014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/04/2014 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE KATHRYN GAMBLIN Plaintiff, DISCOVERY I)EMANDS vs. TO CODEFENI)ANT Index # 807656/20 14 CITY OF I3VFFAL() WESTMINSTER COMMUNITY CHARTER SCHOOL Defendants. PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, we request that you furnish the following within twenty (20) days of the service of this demand; 1. Copies of all statements, signed or otherwise, of representatives of defendant, or the present and former agents, servants or employees of defendant, pursuant to hoop v. Af,dlan-Ros.v Corporation, 94 A.D.2d 949 (4 Dept. 1983). 2. The names and addresses of each and every witness: a. to the incident which is the subject of this action; b. to any alleged defective condition: c. to any notice to any defendant; d. to any admission by or attributable to any defendant: e. to any other element reflecting on liability. th 4 ( (See 0 ‘Connoi . Larson. 74 A.i).2d 734 Dept. 1980) and fJ!/ v. David. 108 Misc.2d 19(1981). 3. I)uplicates of all photographs. slides or videotapes of the scene of the incident which is the subject of this litigation and the instrumentalities involved. 4. Copies of all liability and indemnity agreements and insurance policies which may provide primary or excess insurance coverage or a defense and indemnity for the causes of action alleged in the complaint. 5. Copies of any and allaccident and/or incident reports related to the accident which serves as the basis for the causes of action alleged in the complaint. 6. Copies of any and allletters, correspondence, c-mails, text messages, and/or any other communication(s) between the parties as related to the accident. 8. A separate statement containing the following information regarding each expert witness who is expected to testif’ at trial: f. the name and address of each expert witness expected to testify at trial; g. the qualifications of each expert witness; h. the subject matter on which each expert is expected to testify; i. the facts on which each expert is expected to rely; j. the opinions to which each expert is expected to testify: k. a summary of the grounds lbr each opinion to which expert is expected to testift. 1)ATE1): August 4, 2014 GOERGEN, MANSON AND HUENKE BY: KELLY J. PHILIPS, ESQ. A ttorneys for WESTMINSTER COMMUNITY CHARTER SCHOOL 726 Exchange Street Suite 1021 Buffalo, New York 14210 Telephone (716) 857-2080 TO: THEARTHUR DUNCAN, Ii, ESQ. CC: BRITTANY LEE PENBERTHY, ESQ. STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE KAThRYN CAMBLIN Plaintiff. DISCOVERY I)EMANI)S ‘es. TO CO-DEFENDANT Index # 807656/20 14 CITY OF BtJFFAL() WESTMINSTER COMMUNITY CHARTER SCHOOL Defendants. PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, we request that you furnish the following within twenty (20) days of the service of this demand: 1. Copies of all statements. signed or otherwise, of representatives of defendant. or the present and former agents. servants or emploees of defendant. pursuant to 7oup v. 1id/wi-Ros.s Corporation. 94 A.l).2d 949 (4 Dept. 1983). 2. l’he names and addresses of each and ever itness: a. to the incident vhich is the subject of this action: b. to any alleged defective condition; c. to any notice to any defendant; d. to any admission by or attributable to any defendant; e. to any other element reflecting on liability. (See O’Connor v. Larson, 74 A.D.2d 734 (4 Dept. 1980) and Wol/v. David. 108 Misc.2d 19 (1981). 3. 1)uplicates of all photographs. slides or videotapes of the scene of the incident which is the subject of this litigation and the instrumentalities involved. 4. Copies of all liabilit and indemnii agreements and insurance policies \\hich may provide primary or excess insurance co erage or a defense and indemnit\ br the causes of action alleged in the complaint. 5. Copies of any and allaccident and/or incident reports related to the accident which serves as the basis for the causes of action alleged in the complaint. 6. Copies of any and allletters, correspondence, emails, text messages, and/or any other communication(s) between the parties as related to the accident. 7. A separate statement containing the following information regarding each expert witness who is expected to testify at trial: f. the name and address of each expert witness expected to testify at trial; g. the qualifications of each expert witness; h. the subject matter on which each expert is expected to testify; i. the facts on which each expert is expected to rely; j. the opinions to which each expert is expected to testify; k. a summary of the grounds for each opinion to which expert is expected to testify. I)ATEI): August 4, 2014 7 KELLY J. PHILIPS, ESQ. Attorneysfor WESTMINSTER COMMUNiTY (HARTER SCHOOL 726 Exchange Street Suite 1021 Buffalo, New York 14210 Telephone (716) 857-2080 TO: THEARTIIUR DUNCAN, II, ESQ. CC: BRITTANY LEE PENI3ERTHY, ESQ.