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FILED: NEW YORK COUNTY CLERK 09/12/2014 04:10 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2014
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, ANSWER TO THIRD-
PARTY COMPLAINT
-against-
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
Third-Party Defendant, BARING INDUSTRIES, INC., by and through their attorneys,
the Law Offices of Charles J. Siegel, answering the third-party complaint of the plaintiff herein,
alleges upon information and belief:
FIRST: Denies any knowledge or information sufficient to form a belief as to
paragraphs designated “1”, “5”, “6” and “7” of the third-party complaint.
SECOND: Deny paragraph designated “2” of the third-party complaint, except admit
third-party defendant BARING INDUSTRIES, INC., is a foreign business corporation
authorized to do business in the State of New York.
THIRD: Denies any knowledge or information sufficient to form a belief as to
paragraphs designated “3” and “4” of the third-party complaint and refers to the contract for its
terms.
FOURTH: Deny paragraphs designated “8” of the third-party complaint and refers all
questions of law to the Court at the time of trial.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST BARING
FIFTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
paragraphs “1” through “8” of the third-party complaint.
SIXTH: Denies any knowledge or information sufficient to form a belief as to
paragraphs designated “10” and “11” of the third-party complaint and refers to the contract for
its terms.
SEVENTH: Deny any knowledge or information sufficient to form a belief as to
paragraph designated “12” of the third-party complaint.
EIGHTH: Denies paragraphs designated “13”, “14” and “15” of the third-party
complaint and refers all questions of law to the Court at the time of trial.
NINTH: Deny paragraph designated “16” of the third-party complaint.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST BARING
TENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
paragraphs “1” through “16” of the third-party complaint.
ELEVENTH: Deny paragraph designated “18” of the third-party complaint and refers all
questions of law to the Court at the time of trial.
TWELFTH: Deny paragraph designated “19” of the third-party complaint.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST BARING
THIRTEENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
paragraphs “1” through “19” of the third-party complaint.
FOURTEENTH: Deny paragraph designated “21” of the third-party complaint and
refers all questions of law to the Court at the time of trial.
FIFTEENTH: Deny paragraph designed “22” of the third-party complaint.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST BARING
SIXTEENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
paragraphs “1” through “22” of the third-party complaint.
SEVENTEENTH: Deny any knowledge or information sufficient to form a belief as
to paragraph designated “24” of the third-party complaint and refers to the contract for its terms.
EIGHTEENTH: Deny any knowledge or information sufficient to form a belief as
to paragraph designated “25” of the third-party complaint.
NINTEENTH: Denies paragraphs designated “26” and “27” of the third-party
complaint.
TWENTIETH: Except where specifically admitted, the third-party defendant
BARING INDUSTRIES INC., denies all other allegations contained in the third-party complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services,
loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or
indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New
York Civil Practice Law and Rules.
If any damages are recoverable against said defendant(s), the amount of such damages
shall be diminished by the amount of the funds which plaintiff(s) has or shall receive from such
collateral source.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
In the event that the plaintiff recovers any judgment against this third-party defendant,
then this third-party defendant demands that any such judgment be diminished in accordance
with Article 16 of the CPLR and more particularly Section 1601 thereof.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
If the plaintiff, KEVIN McGONIGAL, sustained damages as alleged, such damages
occurred while plaintiff was engaged in an activity into which he entered, knowing the hazard,
risk and danger of the activity and he assumed the risks incidental to and attending the activity.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That the third-party complaint fails to state a cause of action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
The plaintiff has failed to mitigate damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
Third-Party Defendant, BARING INDUSTRIES, INC. pursuant to Section 1412 of the
CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the
time and place alleged in his third-party complaint, such injuries or damages were the result of
the culpable conduct of the plaintiff or because of the plaintiff's negligence and assumption of
risk. Should it be found however, that the answering defendant is liable to the plaintiff herein,
any liability being specifically denied, then the answering defendant alleges that if any damages
are found, they are to be apportioned among the plaintiff and defendants according to the degree
of responsibility that each is found to have in the occurrence, in proportion to the entire measure
of responsibility for the occurrence.
AS AND FOR A COUNTER-CLAIM AGAINST THE THIRD-PARTY PLAINTIFF
PLAZA CONSTRUCTION CORP., THE THIRD-PARTY DEFENDANT,
BARING INDUSTRIES INC. ALLEGES,
UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b):
That if the third-party plaintiff PLAZA CONSTRUCTION CORP. sustained the damages
alleged in the complaint through any negligence and/or breach of warranty and/or breach of
contract and/or breach of indemnification agreement other than his own, such damages were
caused by and resulted from the negligence and/or breach of warranty and/or breach of contract
and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA
CONSTRUCTION CORP.
That if the plaintiff third-party plaintiff PLAZA CONSTRUCTION CORP. recovers a
verdict against the answering third-party defendant for the damages alleged in the complaint,
such liability will have been caused by the negligence and/or breach of warranty and/or breach of
contract and/or breach of indemnification agreement of the above-named third-party plaintiff
PLAZA CONSTRUCTION CORP.
That by reason of the foregoing, if any verdict or judgment is rendered in favor of the
third-party plaintiff PLAZA CONSTRUCTION CORP. against the answering third-party
defendant, then the above named third-party plaintiff PLAZA CONSTRUCTION CORP. will be
liable to the answering third-party defendant, in whole or in part, for said verdict and for costs
and expenses incurred by the said answering third-party defendant(s) in the defense of this
action.
WHEREFORE, the answering third-party defendant BARING INDUSTRIES, INC.
demands judgment dismissing the complaint herein and further demands judgment over and
against the third-party plaintiff PLAZA CONSTRUCTION CORP. hereinbefore named, in
whole or in part, for any verdict or judgment rendered against the answering third-party
defendant, together with the costs and disbursements of this action and the attorney's fees and
expenses incurred herein.
Dated: New York, New York
September 12, 2014
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
Attorney for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C.
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
212-527-1014
AFFIRMATION OF VERIFICATION
Nikolaos E. Diamantis hereby affirms under the penalty of perjury, pursuant to CPLR
2106, that he is an attorney admitted to practice in the courts of this state and that he is associated
with the Law Offices of Charles J. Siegel, the attorney for the third-party defendant BARING
INDUSTRIES INC., in the within action; that the foregoing verified answer is true to his own
knowledge, except as to matter therein stated to be upon information and belief, and that as to
those matters he believes it to be true.
That this ANSWER is affirmed by your affirmant and not by the defendant because the
defendant, upon information and belief is an individual not within the county where The Law
Offices of Charles J. Siegel, has his offices, at the time this verification is executed, and the
source of affirmant's information, and the grounds for his belief are the records and reports of
investigation kept in the offices of the said attorney for the defendant in connection with this
action and the accident out of which said action arises.
Dated: New York, New York
September 12, 2014
BY: Nikolaos E. Diamantis
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, DEMAND FOR
VERIFIED BILL OF
-against- PARTICULARS
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
S I R:
PLEASE TAKE NOTICE, that the third-party defendant BARING INDUSTRIES
INC., hereby demands that the plaintiff serve on the undersigned, within twenty (20) days from
the date of service hereof a verified bill of particulars with respect to the following matters:
1. State the exact date and approximate time of day of the occurrence.
2. Describe the location of the accident in sufficient detail to permit definite
identification.
3. State the acts or omissions constituting the negligence claimed by the above
named defendant.
4. (a) Set forth the nature and extent of the injuries claimed to have been
sustained.
(b) Specify any pre-existing injury or condition that it is claimed to have been
exacerbated as a result of the negligence alleged in this lawsuit.
5. Describe the injuries claimed to be permanent in their nature and consequences
in sufficient detail to permit definite identification.
6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed
(b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to
which confined.
7. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary
or income, if any, per day, week or month.
8. Set forth the name and address of plaintiff's employer; or if self-employed, so
state, indicating the name and address under which the plaintiff is doing business.
9. Set forth the amount of lost earnings or any financial loss incurred and the
method by which the lost earnings and financial loss is computed.
10. Set forth the length of time if any, plaintiff was incapacitated from employment
or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in
which he was a student.
11. State (a) the plaintiff's date and place of birth (b) plaintiff's social security
number (c) plaintiff's present address and (d) the address of the plaintiff at the time of the
occurrence.
12. Set forth the amounts incurred for:
(a) medical, surgical and dental services, stating separately the amount
of each service identifying by whom rendered.
(b) hospital services, stating separately the name and address of each
hospital and the amount of each bill.
(c) nursing services.
(d) services for ambulance, X-rays, prescription drugs and prosthetics
stating separately the amount of each bill and the service for which
it was rendered.
(e) any other item of expense, or damage.
(f) if plaintiff received workers' compensation benefits, identify the insurance
carrier and/or employer who provided said benefits, the workers'
compensation file number, and the amount of the lien to date.
13. If loss of services, society, and consortium is claimed, set forth: (a) the length of
time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party
claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical
expenses, and other expenses.
14. If said accident occurred on a stairway or steps, state the location of the stairway
upon which plaintiff claims the accident occurred and state on which step or steps plaintiff
claims she/he fell, identifying the stairway and step in sufficient detail to permit definite
identification, and state whether plaintiff was ascending or descending said stairway.
15. State on which floor of the aforesaid premises, and on what portion of said floor,
the alleged accident occurred, giving the location of same, in feet, with respect to the nearest
door or other specified location in sufficient detail to permit definite identification of the place
where plaintiff claims she/he fell.
16. State where plaintiff was standing at the time of the alleged occurrence, giving
direction and distance, in feet or inches from nearest entranceway to defendant's premises,
identifying the entranceway referred to.
17. State for what purpose the plaintiff was on the premises.
18. State what it is claimed caused plaintiff's injury and the claimed acts or
omissions on the part of the defendant.
19. If said accident occurred as a result of an unsafe and/or slippery condition, state
the nature of the alleged unsafe and/or slippery substance describing it in sufficient detail to
permit definite identification.
20. If said accident occurred as a result of debris, garbage or refuse state the nature
and character of the alleged garbage, refuse and/or debris; and if known which contractor,
subcontractor or trade generated said debris, garbage or refuse.
21. If said accident occurred as a result of an obstruction, describe the alleged
obstruction.
22. If said accident occurred as a result of a defective ladder:
(a) state by whom said ladder was owned or maintained;
(b) a description of and the make or model number of said ladder;
(c) the dimensions and height of said ladder;
(d) the height the plaintiff was at on said ladder when said accident occurred;
(e) the nature of the defect or defects to said ladder.
23. If said accident occurred as a result of a defective scaffold:
(a) state by whom said scaffold was owned or maintained;
(b) a description of and the make or model number of said scaffold;
(c) the dimensions and height of said scaffold;
(d) the height the plaintiff was at on said scaffold when said accident
occurred;
(e) the nature of the defect or defects to said scaffold.
24. If said accident occurred as a result of an object falling:
(a) describe the object which allegedly struck plaintiff as to size, shape, color,
identifying marks or characteristics, contents, if any, and approximate
weight;
(b) identify the place or point from which the object allegedly fell, state the
distance it will be alleged the object fell, where plaintiff was at the time
and what plaintiff was doing when struck;
(c) identify the person or persons who allegedly dropped or threw the object,
giving name or names if known to the plaintiff, and sex, color, age and
any other identifying description.
25. State whether it is claimed that defendant had notice of the condition complained
of and if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long plaintiff claims the alleged condition existed before the alleged
accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given
and the place and time it was given, and whether oral or written and if written, set forth a copy
thereof.
26. Set forth the statutes, codes, rules, regulations or ordinances alleged to have been
violated by the defendant, designating by chapter, article, division, subdivision, section,
paragraph and otherwise the particular portions and provisions of the specific laws, ordinances,
rules and regulations allegedly violated by defendant.
27. If the plaintiff is alleging any violation of the Labor Law §§200, 240 or 241(6),
state specifically the manner in which statutes were violated; describe the nature of the defect
alleged in the scaffolding, hoists, stays, ladders, slings, hangars, blocks, pulleys, braces, irons,
ropes, or other devices.
28. Set forth the manner in which this defendant directed, controlled and/or
supervised the activities of the plaintiff at or about the time of the accident.
Dated: New York, New York
September 12, 2014
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
Attorney for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C.
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
212-527-1014
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, THIRD-PARTY
DEMAND FOR BILL
-against- OF PARTICULARS
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE, that you are hereby required pursuant to the CPLR 3041-3044
to serve upon THE LAW OFFICES OF CHARLES J. SIEGEL, the undersigned attorney within
twenty (20) days after service of a copy of this notice, a verified bill of particulars, setting forth
in detail:
1. Set forth a full, true and complete copy of plaintiff's bill of particulars.
2. If it is claimed that this answering third-party defendant breached any agreement
or contract or is liable pursuant to the terms of any agreement or contract:
(a) State whether it will be claimed that such agreement was oral or in writing.
(b) If Oral:
1. On what date was said agreement entered into.
2. Where was said agreement entered into.
3. Set forth all of the terms and conditions of the agreement.
(c) If in writing, set forth a full, true and complete copy of the agreement and
contract.
3. If any dangerous or defective condition is alleged:
(a) State whether it will be claimed that this answering third-party defendant
had actual or constructive notice thereof.
(b) If actual notice is claimed, a statement of when and to whom same was
given, stating the names and dates.
(c) If it is alleged that this answering third-party defendant, agent, servant
and/or employee caused or created the condition, state name of the person
who caused or created the condition and the date when condition was
caused or created.
(d) If constructive notice is claimed, for how long a time did condition exist
before accident (in minutes, hours, days, etc.).
4. In what manner will it be claimed that this answering third-party defendant was
actively and affirmatively negligent.
5. In what manner will it be claimed that this answering third-party defendant
breached its agreement or contract, if any.
6. In what manner will it be claimed that the party serving the complaint against
this answering third-party defendant was only secondarily or passively negligent.
7. Is indemnity claimed by virtue of:
(a) Breach of contract
(b) Breach of warranty
(c) negligence of this answering third-party defendant; or
(d) hold harmless agreement given by this answering third-party
defendant.
8. Will the party seeking indemnity claim alleged acts or omissions other than
those claimed by plaintiff, as the basis for indemnity?
PLEASE TAKE NOTICE, in the event of your failure to furnish a bill of particulars
within the said period of twenty days, a motion will be made for an order precluding the third-
party plaintiff from giving any evidence at the trial of the above items, of which particulars have
not been delivered in accordance with said demand.
Dated: New York, New York
September 12, 2014 Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
Attorney for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C.
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
212-527-1014
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, THIRD-PARTY
NOTICE FOR
-against- DISCOVERY AND
INSPECTION
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
PLEASE TAKE NOTICE, that the third-party defendant BARING INDUSTRIES, INC.,
pursuant to CPLR 3120 hereby demands that the third-party plaintiff[s] produce for discovery
and inspection at the office of THE LAW OFFICES OF CHARLES J. SIEGEL, 125 Broad
Street, 7th Floor, New York, N.Y. 10004, on the October 13, 2014, at 2:00 p.m., the following
documents:
1. A copy of the bill of particulars of the plaintiff.
2. Copies of any and all examinations before trial heretofore conducted.
3. Copies of all notices of examination before trial heretofore served in the action.
4. Copies of medical reports, authorizations for hospital records and treating
physician's office records, and any and all medical records relating to the injuries alleged in
plaintiff's complaint.
5. Copies of the medical reports of any physical examinations conducted of the
plaintiff on behalf of the third-party plaintiff.
6. Copy of any agreement referred to in the third-party complaint.
7. Copy of the bills, work records, requisitions and other documents for work done
by the third-party defendant, BARING INDUSTRIES, INC.
8. Copies of any written statements of the third-party defendant, BARING
INDUSTRIES, INC.
9. Copies of all Notices to Admit and the answers thereto heretofore served by or
upon third-party plaintiff.
10. Copies of all Notices for Discovery and Inspection and copies of all papers
supplied to counsel in compliance therewith heretofore served by or upon third-party plaintiff.
11. Copies of the Note of Issue, Jury Demand, Certificate of Readiness and all other
papers served and filed in connection with placing this case on the calendar of the Court.
12. Copies of all accident reports, or other written reports prepared in the ordinary
course of business and relating to the occurrence alleged in plaintiff's complaint.
13. Copies of any preliminary conference order had herein and responses thereto.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid
documents at the time and place required in this notice, a motion will be made for appropriate
relief to the Court.
Dated: New York, New York
September 12, 2014
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES INC
Office & P.O. Address
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
SACKS AND SACKS, ESQS
Attorneys for Plaintiff
150 Broadway, 4th Floor
New York, NY 10038
212 964-5570
FABIANI COHEN & HALL LLP
Attorney for Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION CORP
570 Lexington Avenue, 4th Floor
New York, NY 10022
212-644-4420
JONES HIRSCH CONNORS MILLER & BULL, P.C.
Attorneys for Defendant
NYY STEAK MANHATTAN, LLC
One Battery Park Plaza
New York, NY 10004
212-527-1014
1141413662
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X Index No. 158327/13
KEVIN McGONIGAL,
Plaintiff, COMBINED
DEMANDS
-against-
NYY STEAK MANHATTAN, LLC, PREF
7 WEST 51ST STREET LLC AND PLAZA
CONSTRUCTION,
Defendants.
-----------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
-----------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that the third-party defendant, BARING INDUSTRIES,
INC. through their attorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you
furnish the following items:
DEMAND FOR MEDICALS
1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court
concerning the exchange of medical information, copies of all medical records, reports,
diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts
and duly executed authorizations to examine any and all of the aforementioned, together with
authorizations enabling this defendant to obtain copies of any no-fault file maintained by a
no-fault carrier, and/or workers' compensation file maintained by plaintiff's employer or
insurance carrier.
DEMAND FOR STATEMENTS
2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete
legible copy of any statement of the party or parties represented by the undersigned in the
possession of any other party, attorney or their representatives in this action. Such statements are
deemed to include, but are not limited to written statements, whether signed or unsigned, and
oral or video statements which have been recorded, whether previously transcribed or not.
DEMAND FOR WITNESSES
3. The names and addresses of each person known or claimed by you or any party you
represent in this action to be a witness to:
a. The occurrence alleged in the complaint in this action; or
b. Any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the complaint; or
c. Any actual notice allegedly given to the defendant answering herein of
any condition which allegedly caused the occurrence alleged in the
complaint; or
d. The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.
DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS
4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's
employment records for the two years prior and subsequent to the alleged occurrence, and/or a
complete copy of plaintiff's school records prior to and subsequent to the alleged occurrence, and
a duly executed authorization(s) allowing the obtaining of the aforementioned.
Provide W-2's for three years preceding and two years after the accident date and an
authorization for plaintiff's employer, including it's name and current address, to obtain the same.
If Plaintiff is self-employed, provide authorizations to obtain plaintiff's tax return records
from the Internal Revenue System.
DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES
5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and
reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective
and/or dangerous condition claimed to have existed thereat, and/or property damage sustained,
and/or plaintiff's injuries, that are in plaintiff's possession.
DEMAND FOR PARTIES APPEARING
6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney
appearing in this action.
DEMAND FOR EXPERTS
7. Identify and state the qualifications of each person whom you intend to call as an
expert witness at the time of trial;
8. The subject matter in reasonable detail upon which the expert is expected to testify;
9. A statement of the facts and opinions upon which the expert is expected to testify;
10. A detailed summary of those facts and opinions; and
11. The resumes of each expert upon whose testimony you will reply upon at the time of
trial, concerning the subject lawsuit.
DEMAND FOR COLLATERAL SOURCE
12. The names, addresses and amounts received to date from all persons, firms or
organizations which have reimbursed plaintiff(s) for the cost of medical care, custodial care,
rehabilitation services, loss of earnings or other economic loss and other costs including but not
limited to:
(a) insurance;
(b) social secu
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FILED: NEW YORK COUNTY CLERK 09/12/2014 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2014 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, ANSWER TO THIRD- PARTY COMPLAINT -against- NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X Third-Party Defendant, BARING INDUSTRIES, INC., by and through their attorneys, the Law Offices of Charles J. Siegel, answering the third-party complaint of the plaintiff herein, alleges upon information and belief: FIRST: Denies any knowledge or information sufficient to form a belief as to paragraphs designated “1”, “5”, “6” and “7” of the third-party complaint. SECOND: Deny paragraph designated “2” of the third-party complaint, except admit third-party defendant BARING INDUSTRIES, INC., is a foreign business corporation authorized to do business in the State of New York. THIRD: Denies any knowledge or information sufficient to form a belief as to paragraphs designated “3” and “4” of the third-party complaint and refers to the contract for its terms. FOURTH: Deny paragraphs designated “8” of the third-party complaint and refers all questions of law to the Court at the time of trial. AS AND FOR A FIRST CAUSE OF ACTION AGAINST BARING FIFTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraphs “1” through “8” of the third-party complaint. SIXTH: Denies any knowledge or information sufficient to form a belief as to paragraphs designated “10” and “11” of the third-party complaint and refers to the contract for its terms. SEVENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “12” of the third-party complaint. EIGHTH: Denies paragraphs designated “13”, “14” and “15” of the third-party complaint and refers all questions of law to the Court at the time of trial. NINTH: Deny paragraph designated “16” of the third-party complaint. AS AND FOR A SECOND CAUSE OF ACTION AGAINST BARING TENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraphs “1” through “16” of the third-party complaint. ELEVENTH: Deny paragraph designated “18” of the third-party complaint and refers all questions of law to the Court at the time of trial. TWELFTH: Deny paragraph designated “19” of the third-party complaint. AS AND FOR A THIRD CAUSE OF ACTION AGAINST BARING THIRTEENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraphs “1” through “19” of the third-party complaint. FOURTEENTH: Deny paragraph designated “21” of the third-party complaint and refers all questions of law to the Court at the time of trial. FIFTEENTH: Deny paragraph designed “22” of the third-party complaint. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST BARING SIXTEENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraphs “1” through “22” of the third-party complaint. SEVENTEENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “24” of the third-party complaint and refers to the contract for its terms. EIGHTEENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “25” of the third-party complaint. NINTEENTH: Denies paragraphs designated “26” and “27” of the third-party complaint. TWENTIETH: Except where specifically admitted, the third-party defendant BARING INDUSTRIES INC., denies all other allegations contained in the third-party complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services, loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against said defendant(s), the amount of such damages shall be diminished by the amount of the funds which plaintiff(s) has or shall receive from such collateral source. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: In the event that the plaintiff recovers any judgment against this third-party defendant, then this third-party defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR and more particularly Section 1601 thereof. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: If the plaintiff, KEVIN McGONIGAL, sustained damages as alleged, such damages occurred while plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of the activity and he assumed the risks incidental to and attending the activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That the third-party complaint fails to state a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: The plaintiff has failed to mitigate damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: Third-Party Defendant, BARING INDUSTRIES, INC. pursuant to Section 1412 of the CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the time and place alleged in his third-party complaint, such injuries or damages were the result of the culpable conduct of the plaintiff or because of the plaintiff's negligence and assumption of risk. Should it be found however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found, they are to be apportioned among the plaintiff and defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A COUNTER-CLAIM AGAINST THE THIRD-PARTY PLAINTIFF PLAZA CONSTRUCTION CORP., THE THIRD-PARTY DEFENDANT, BARING INDUSTRIES INC. ALLEGES, UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b): That if the third-party plaintiff PLAZA CONSTRUCTION CORP. sustained the damages alleged in the complaint through any negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement other than his own, such damages were caused by and resulted from the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA CONSTRUCTION CORP. That if the plaintiff third-party plaintiff PLAZA CONSTRUCTION CORP. recovers a verdict against the answering third-party defendant for the damages alleged in the complaint, such liability will have been caused by the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named third-party plaintiff PLAZA CONSTRUCTION CORP. That by reason of the foregoing, if any verdict or judgment is rendered in favor of the third-party plaintiff PLAZA CONSTRUCTION CORP. against the answering third-party defendant, then the above named third-party plaintiff PLAZA CONSTRUCTION CORP. will be liable to the answering third-party defendant, in whole or in part, for said verdict and for costs and expenses incurred by the said answering third-party defendant(s) in the defense of this action. WHEREFORE, the answering third-party defendant BARING INDUSTRIES, INC. demands judgment dismissing the complaint herein and further demands judgment over and against the third-party plaintiff PLAZA CONSTRUCTION CORP. hereinbefore named, in whole or in part, for any verdict or judgment rendered against the answering third-party defendant, together with the costs and disbursements of this action and the attorney's fees and expenses incurred herein. Dated: New York, New York September 12, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C. Attorneys for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 212-527-1014 AFFIRMATION OF VERIFICATION Nikolaos E. Diamantis hereby affirms under the penalty of perjury, pursuant to CPLR 2106, that he is an attorney admitted to practice in the courts of this state and that he is associated with the Law Offices of Charles J. Siegel, the attorney for the third-party defendant BARING INDUSTRIES INC., in the within action; that the foregoing verified answer is true to his own knowledge, except as to matter therein stated to be upon information and belief, and that as to those matters he believes it to be true. That this ANSWER is affirmed by your affirmant and not by the defendant because the defendant, upon information and belief is an individual not within the county where The Law Offices of Charles J. Siegel, has his offices, at the time this verification is executed, and the source of affirmant's information, and the grounds for his belief are the records and reports of investigation kept in the offices of the said attorney for the defendant in connection with this action and the accident out of which said action arises. Dated: New York, New York September 12, 2014 BY: Nikolaos E. Diamantis 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, DEMAND FOR VERIFIED BILL OF -against- PARTICULARS NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X S I R: PLEASE TAKE NOTICE, that the third-party defendant BARING INDUSTRIES INC., hereby demands that the plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof a verified bill of particulars with respect to the following matters: 1. State the exact date and approximate time of day of the occurrence. 2. Describe the location of the accident in sufficient detail to permit definite identification. 3. State the acts or omissions constituting the negligence claimed by the above named defendant. 4. (a) Set forth the nature and extent of the injuries claimed to have been sustained. (b) Specify any pre-existing injury or condition that it is claimed to have been exacerbated as a result of the negligence alleged in this lawsuit. 5. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed (b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to which confined. 7. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary or income, if any, per day, week or month. 8. Set forth the name and address of plaintiff's employer; or if self-employed, so state, indicating the name and address under which the plaintiff is doing business. 9. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 10. Set forth the length of time if any, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. State (a) the plaintiff's date and place of birth (b) plaintiff's social security number (c) plaintiff's present address and (d) the address of the plaintiff at the time of the occurrence. 12. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered. (b) hospital services, stating separately the name and address of each hospital and the amount of each bill. (c) nursing services. (d) services for ambulance, X-rays, prescription drugs and prosthetics stating separately the amount of each bill and the service for which it was rendered. (e) any other item of expense, or damage. (f) if plaintiff received workers' compensation benefits, identify the insurance carrier and/or employer who provided said benefits, the workers' compensation file number, and the amount of the lien to date. 13. If loss of services, society, and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical expenses, and other expenses. 14. If said accident occurred on a stairway or steps, state the location of the stairway upon which plaintiff claims the accident occurred and state on which step or steps plaintiff claims she/he fell, identifying the stairway and step in sufficient detail to permit definite identification, and state whether plaintiff was ascending or descending said stairway. 15. State on which floor of the aforesaid premises, and on what portion of said floor, the alleged accident occurred, giving the location of same, in feet, with respect to the nearest door or other specified location in sufficient detail to permit definite identification of the place where plaintiff claims she/he fell. 16. State where plaintiff was standing at the time of the alleged occurrence, giving direction and distance, in feet or inches from nearest entranceway to defendant's premises, identifying the entranceway referred to. 17. State for what purpose the plaintiff was on the premises. 18. State what it is claimed caused plaintiff's injury and the claimed acts or omissions on the part of the defendant. 19. If said accident occurred as a result of an unsafe and/or slippery condition, state the nature of the alleged unsafe and/or slippery substance describing it in sufficient detail to permit definite identification. 20. If said accident occurred as a result of debris, garbage or refuse state the nature and character of the alleged garbage, refuse and/or debris; and if known which contractor, subcontractor or trade generated said debris, garbage or refuse. 21. If said accident occurred as a result of an obstruction, describe the alleged obstruction. 22. If said accident occurred as a result of a defective ladder: (a) state by whom said ladder was owned or maintained; (b) a description of and the make or model number of said ladder; (c) the dimensions and height of said ladder; (d) the height the plaintiff was at on said ladder when said accident occurred; (e) the nature of the defect or defects to said ladder. 23. If said accident occurred as a result of a defective scaffold: (a) state by whom said scaffold was owned or maintained; (b) a description of and the make or model number of said scaffold; (c) the dimensions and height of said scaffold; (d) the height the plaintiff was at on said scaffold when said accident occurred; (e) the nature of the defect or defects to said scaffold. 24. If said accident occurred as a result of an object falling: (a) describe the object which allegedly struck plaintiff as to size, shape, color, identifying marks or characteristics, contents, if any, and approximate weight; (b) identify the place or point from which the object allegedly fell, state the distance it will be alleged the object fell, where plaintiff was at the time and what plaintiff was doing when struck; (c) identify the person or persons who allegedly dropped or threw the object, giving name or names if known to the plaintiff, and sex, color, age and any other identifying description. 25. State whether it is claimed that defendant had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 26. Set forth the statutes, codes, rules, regulations or ordinances alleged to have been violated by the defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant. 27. If the plaintiff is alleging any violation of the Labor Law §§200, 240 or 241(6), state specifically the manner in which statutes were violated; describe the nature of the defect alleged in the scaffolding, hoists, stays, ladders, slings, hangars, blocks, pulleys, braces, irons, ropes, or other devices. 28. Set forth the manner in which this defendant directed, controlled and/or supervised the activities of the plaintiff at or about the time of the accident. Dated: New York, New York September 12, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C. Attorneys for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 212-527-1014 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, THIRD-PARTY DEMAND FOR BILL -against- OF PARTICULARS NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X SIRS: PLEASE TAKE NOTICE, that you are hereby required pursuant to the CPLR 3041-3044 to serve upon THE LAW OFFICES OF CHARLES J. SIEGEL, the undersigned attorney within twenty (20) days after service of a copy of this notice, a verified bill of particulars, setting forth in detail: 1. Set forth a full, true and complete copy of plaintiff's bill of particulars. 2. If it is claimed that this answering third-party defendant breached any agreement or contract or is liable pursuant to the terms of any agreement or contract: (a) State whether it will be claimed that such agreement was oral or in writing. (b) If Oral: 1. On what date was said agreement entered into. 2. Where was said agreement entered into. 3. Set forth all of the terms and conditions of the agreement. (c) If in writing, set forth a full, true and complete copy of the agreement and contract. 3. If any dangerous or defective condition is alleged: (a) State whether it will be claimed that this answering third-party defendant had actual or constructive notice thereof. (b) If actual notice is claimed, a statement of when and to whom same was given, stating the names and dates. (c) If it is alleged that this answering third-party defendant, agent, servant and/or employee caused or created the condition, state name of the person who caused or created the condition and the date when condition was caused or created. (d) If constructive notice is claimed, for how long a time did condition exist before accident (in minutes, hours, days, etc.). 4. In what manner will it be claimed that this answering third-party defendant was actively and affirmatively negligent. 5. In what manner will it be claimed that this answering third-party defendant breached its agreement or contract, if any. 6. In what manner will it be claimed that the party serving the complaint against this answering third-party defendant was only secondarily or passively negligent. 7. Is indemnity claimed by virtue of: (a) Breach of contract (b) Breach of warranty (c) negligence of this answering third-party defendant; or (d) hold harmless agreement given by this answering third-party defendant. 8. Will the party seeking indemnity claim alleged acts or omissions other than those claimed by plaintiff, as the basis for indemnity? PLEASE TAKE NOTICE, in the event of your failure to furnish a bill of particulars within the said period of twenty days, a motion will be made for an order precluding the third- party plaintiff from giving any evidence at the trial of the above items, of which particulars have not been delivered in accordance with said demand. Dated: New York, New York September 12, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C. Attorneys for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 212-527-1014 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, THIRD-PARTY NOTICE FOR -against- DISCOVERY AND INSPECTION NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X PLEASE TAKE NOTICE, that the third-party defendant BARING INDUSTRIES, INC., pursuant to CPLR 3120 hereby demands that the third-party plaintiff[s] produce for discovery and inspection at the office of THE LAW OFFICES OF CHARLES J. SIEGEL, 125 Broad Street, 7th Floor, New York, N.Y. 10004, on the October 13, 2014, at 2:00 p.m., the following documents: 1. A copy of the bill of particulars of the plaintiff. 2. Copies of any and all examinations before trial heretofore conducted. 3. Copies of all notices of examination before trial heretofore served in the action. 4. Copies of medical reports, authorizations for hospital records and treating physician's office records, and any and all medical records relating to the injuries alleged in plaintiff's complaint. 5. Copies of the medical reports of any physical examinations conducted of the plaintiff on behalf of the third-party plaintiff. 6. Copy of any agreement referred to in the third-party complaint. 7. Copy of the bills, work records, requisitions and other documents for work done by the third-party defendant, BARING INDUSTRIES, INC. 8. Copies of any written statements of the third-party defendant, BARING INDUSTRIES, INC. 9. Copies of all Notices to Admit and the answers thereto heretofore served by or upon third-party plaintiff. 10. Copies of all Notices for Discovery and Inspection and copies of all papers supplied to counsel in compliance therewith heretofore served by or upon third-party plaintiff. 11. Copies of the Note of Issue, Jury Demand, Certificate of Readiness and all other papers served and filed in connection with placing this case on the calendar of the Court. 12. Copies of all accident reports, or other written reports prepared in the ordinary course of business and relating to the occurrence alleged in plaintiff's complaint. 13. Copies of any preliminary conference order had herein and responses thereto. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid documents at the time and place required in this notice, a motion will be made for appropriate relief to the Court. Dated: New York, New York September 12, 2014 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES INC Office & P.O. Address 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: SACKS AND SACKS, ESQS Attorneys for Plaintiff 150 Broadway, 4th Floor New York, NY 10038 212 964-5570 FABIANI COHEN & HALL LLP Attorney for Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION CORP 570 Lexington Avenue, 4th Floor New York, NY 10022 212-644-4420 JONES HIRSCH CONNORS MILLER & BULL, P.C. Attorneys for Defendant NYY STEAK MANHATTAN, LLC One Battery Park Plaza New York, NY 10004 212-527-1014 1141413662 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X Index No. 158327/13 KEVIN McGONIGAL, Plaintiff, COMBINED DEMANDS -against- NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51ST STREET LLC AND PLAZA CONSTRUCTION, Defendants. -----------------------------------------------------------X PLAZA CONSTRUCTION CORP., Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. -----------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that the third-party defendant, BARING INDUSTRIES, INC. through their attorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you furnish the following items: DEMAND FOR MEDICALS 1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court concerning the exchange of medical information, copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts and duly executed authorizations to examine any and all of the aforementioned, together with authorizations enabling this defendant to obtain copies of any no-fault file maintained by a no-fault carrier, and/or workers' compensation file maintained by plaintiff's employer or insurance carrier. DEMAND FOR STATEMENTS 2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete legible copy of any statement of the party or parties represented by the undersigned in the possession of any other party, attorney or their representatives in this action. Such statements are deemed to include, but are not limited to written statements, whether signed or unsigned, and oral or video statements which have been recorded, whether previously transcribed or not. DEMAND FOR WITNESSES 3. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: a. The occurrence alleged in the complaint in this action; or b. Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or c. Any actual notice allegedly given to the defendant answering herein of any condition which allegedly caused the occurrence alleged in the complaint; or d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS 4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's employment records for the two years prior and subsequent to the alleged occurrence, and/or a complete copy of plaintiff's school records prior to and subsequent to the alleged occurrence, and a duly executed authorization(s) allowing the obtaining of the aforementioned. Provide W-2's for three years preceding and two years after the accident date and an authorization for plaintiff's employer, including it's name and current address, to obtain the same. If Plaintiff is self-employed, provide authorizations to obtain plaintiff's tax return records from the Internal Revenue System. DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES 5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective and/or dangerous condition claimed to have existed thereat, and/or property damage sustained, and/or plaintiff's injuries, that are in plaintiff's possession. DEMAND FOR PARTIES APPEARING 6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney appearing in this action. DEMAND FOR EXPERTS 7. Identify and state the qualifications of each person whom you intend to call as an expert witness at the time of trial; 8. The subject matter in reasonable detail upon which the expert is expected to testify; 9. A statement of the facts and opinions upon which the expert is expected to testify; 10. A detailed summary of those facts and opinions; and 11. The resumes of each expert upon whose testimony you will reply upon at the time of trial, concerning the subject lawsuit. DEMAND FOR COLLATERAL SOURCE 12. The names, addresses and amounts received to date from all persons, firms or organizations which have reimbursed plaintiff(s) for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss and other costs including but not limited to: (a) insurance; (b) social secu