Preview
INDEX NO. 158327/2013
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 12/23/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK. X
KEVIN McGONIGAL,
Index No.: 158327/13
Plaintiff,
-against-
T
NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51“ STREE
LLC and PLAZA CONSTRUCTION CORP. ,
Defendants.
X
RESPONSE TO THIRD
PLAZA CONSTRUCTION CORP. , THIRD-PARTY
Third-Party Plaintiffs, DEFENDANT B&G
ELECTRICAL
CONTRACTORS’
-against-
COMBINED DEMANDS
BARING INDUSTRIES, INC.,
Third-Party Defendant.
naan X
BARING INDUSTRIES, INC.,
Second Third-Party Plaintiff,
-against-
|
| Third-Party Index No.
DAY & NITE REFRIGERATION CORP. and KIMCO
| 595146/14
REFRIGERATION CORP.,
Second-Third-Party Defendants. |
X
|
NYY STEAK MANHATTAN, LLC, & PLAZA i
CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP.,
|
Third Third-Party Plaintiffs, Second Third Party
| Index No.
-against-
| 595130/15
|
B&G ELECTRICAL CONTRACTORS, ESS & VEE ||
ACOUSTICAL CONTRACTORS, INC. and BARING
INDUSTRIES, INC.,
|
Third Third-Party Defendants.
X i
|
The defendant /third third-party plaintiff, NYY STEAK MANHATTAN,
LLC and ,
CONSTRUCTION LLC fik/a
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
[938370/1]
CORP. by their attorneys, FABIANI COHEN & HALL, LLP, as
PLAZA CONSTRUCTION
and for their response to the combined demands of the third third-party defendant B&G
ELECTRICAL CONTRACTORS dated October 27, 2015 set forth, upon information and belief
as follows:
Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and
1
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
CONSTRUCTION CORP. are not in possession of any statements taken from
third third-party defendant B&G ELECTRICAL CONTRACTORS.
The form C-2 report lists James Vespe and Julian Gomez of Kimco as witnesses
of the accident.
Notice for discovery and inspection of bills is directed to plaintiff.
STEAK MANHATTAN, LLC and
Defendant /third third-party plaintiff, NYY
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
CORP. are not in possession of any photographs, slides,
CONSTRUCTION
alleged to
videotapes or motion pictures of the alleged accident site which are
accurately reflect the conditions complained of in the complaint, persons involved
d.
taken at or about the time of the alleged accident or injuries allegedly sustaine
Demand for medical information and authorizations is directed to plaintiff.
Demand for collateral source information and authorizations is directed to
plaintiff.
Notice for discovery and inspection of X-rays is directed to plaintiff.
(938370/1]
Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
CONSTRUCTION CORP. are not in possession of any surveillance materials.
Annexed collectively hereto as Exhibit “A” are copies of the forms C-2 and C-3
relating to the plaintiff's accident.
10. Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
CONSTRUCTION CORP. will serve a response to expert disclosure demands as
per CPLR 3101 (d).
11 See below for the list of appearing attorneys and the parties they represent.
12 Demand for employment and earnings information and authorizations is directed
to plaintiff.
13 Annexed as Exhibit “B” is a copy of the third third-party defendant proof of
filing and index number purchase along with the affidavit of service of said
pleadings upon third third-party defendant B&G ELECTRICAL
CONTRACTORS.
14 Demand for lien information is directed to plaintiff.
15 Police reports are matters of public record. Defendant /third third-party plaintiff,
NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third
third-party plaintiff, PLAZA CONSTRUCTION CORP. are not in possession of
any such reports. FDNY and/or EMS reports can be obtained via authorization
from plaintiff. These defendants are not in possession of any such records.
{938370/1}
16. Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and
defendant/third-party plaintiff/third third-party plaintiff, PLAZA
CONSTRUCTION CORP. are not in possession of any reports of governmental
agencies, which are also matters of public record.
17. Demand for Medicare/Medicaid information is directed to plaintiff.
18. Demand for social networking authorization is directed to plaintiff.
WHEREFORE, defendant /third third-party plaintiff, NYY STEAK MANHATTAN,
LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION
LLC f/k/a PLAZA CONSTRUCTION CORP. reserve their right to amend and/or
supplement the foregoing responses pending the completion of discovery through and
including the time of trial.
Dated: New York, New York Yours, etc.,
December 18, 2015
FABIANI COHEN & HALL} LL
Pp2l Ge)
Kenneth J. Kutner
Attorneys for Defendant /Third Third-Party
Plaintiff, NYY STEAK MANHATTAN, LLC
and Defendant/Third-Party Plaintiff/Third Third-
Party Plaintiff, PLAZA CONSTRUCTION LLC
f/k/a PLAZA CONSTRUCTION CORP.
570 Lexington Avenue, 4" Floor
New York, New York 10022
212 644-4420
Fax: 212-207-8182
File No. 731-37312
TO:
KAUFMAN BORGEEST & RYAN
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
200 Summit Lake Drive, First Floor
Valhalla, NY 10595
File No. 4204.018
[938370/1)
Sacks and Sacks, LLP
Attorneys for Plaintiff
Kevin McGonigal
150 Broadway, 4" Floor
New York, New York 10038
212-964-5700
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Third-Party Defendant
BARING INDUSTRIES, INC.
125 Broad Street — 7" Floor
New York, New York 10004
Attention: Nikolas E. Diamantis, Esq.
MILBER MAKRIS PLOUSADIS & SEIDEN LLP
Attorneys for Second Third-Party Defendants
DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REGRIGERATION CORP.
s/h/a KIMCO REFRIGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury, NY 11797
(516) 712-4000
(516) 712-4013(fax)
File No.: 532-11347
SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C.
Attorneys for Third Third-Party Defendant
ESS & VEE ACOUNSTICAL CONTRACTORS, INC.
111 John Street
New York, New York 10038
(212) 964-7400
File No. AWA-00112
[938370/1]
Preview
INDEX NO. 158327/2013 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 12/23/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. X KEVIN McGONIGAL, Index No.: 158327/13 Plaintiff, -against- T NYY STEAK MANHATTAN, LLC, PREF 7 WEST 51“ STREE LLC and PLAZA CONSTRUCTION CORP. , Defendants. X RESPONSE TO THIRD PLAZA CONSTRUCTION CORP. , THIRD-PARTY Third-Party Plaintiffs, DEFENDANT B&G ELECTRICAL CONTRACTORS’ -against- COMBINED DEMANDS BARING INDUSTRIES, INC., Third-Party Defendant. naan X BARING INDUSTRIES, INC., Second Third-Party Plaintiff, -against- | | Third-Party Index No. DAY & NITE REFRIGERATION CORP. and KIMCO | 595146/14 REFRIGERATION CORP., Second-Third-Party Defendants. | X | NYY STEAK MANHATTAN, LLC, & PLAZA i CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., | Third Third-Party Plaintiffs, Second Third Party | Index No. -against- | 595130/15 | B&G ELECTRICAL CONTRACTORS, ESS & VEE || ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., | Third Third-Party Defendants. X i | The defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and , CONSTRUCTION LLC fik/a defendant/third-party plaintiff/third third-party plaintiff, PLAZA [938370/1] CORP. by their attorneys, FABIANI COHEN & HALL, LLP, as PLAZA CONSTRUCTION and for their response to the combined demands of the third third-party defendant B&G ELECTRICAL CONTRACTORS dated October 27, 2015 set forth, upon information and belief as follows: Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and 1 defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION CORP. are not in possession of any statements taken from third third-party defendant B&G ELECTRICAL CONTRACTORS. The form C-2 report lists James Vespe and Julian Gomez of Kimco as witnesses of the accident. Notice for discovery and inspection of bills is directed to plaintiff. STEAK MANHATTAN, LLC and Defendant /third third-party plaintiff, NYY defendant/third-party plaintiff/third third-party plaintiff, PLAZA CORP. are not in possession of any photographs, slides, CONSTRUCTION alleged to videotapes or motion pictures of the alleged accident site which are accurately reflect the conditions complained of in the complaint, persons involved d. taken at or about the time of the alleged accident or injuries allegedly sustaine Demand for medical information and authorizations is directed to plaintiff. Demand for collateral source information and authorizations is directed to plaintiff. Notice for discovery and inspection of X-rays is directed to plaintiff. (938370/1] Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION CORP. are not in possession of any surveillance materials. Annexed collectively hereto as Exhibit “A” are copies of the forms C-2 and C-3 relating to the plaintiff's accident. 10. Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION CORP. will serve a response to expert disclosure demands as per CPLR 3101 (d). 11 See below for the list of appearing attorneys and the parties they represent. 12 Demand for employment and earnings information and authorizations is directed to plaintiff. 13 Annexed as Exhibit “B” is a copy of the third third-party defendant proof of filing and index number purchase along with the affidavit of service of said pleadings upon third third-party defendant B&G ELECTRICAL CONTRACTORS. 14 Demand for lien information is directed to plaintiff. 15 Police reports are matters of public record. Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION CORP. are not in possession of any such reports. FDNY and/or EMS reports can be obtained via authorization from plaintiff. These defendants are not in possession of any such records. {938370/1} 16. Defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION CORP. are not in possession of any reports of governmental agencies, which are also matters of public record. 17. Demand for Medicare/Medicaid information is directed to plaintiff. 18. Demand for social networking authorization is directed to plaintiff. WHEREFORE, defendant /third third-party plaintiff, NYY STEAK MANHATTAN, LLC and defendant/third-party plaintiff/third third-party plaintiff, PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP. reserve their right to amend and/or supplement the foregoing responses pending the completion of discovery through and including the time of trial. Dated: New York, New York Yours, etc., December 18, 2015 FABIANI COHEN & HALL} LL Pp2l Ge) Kenneth J. Kutner Attorneys for Defendant /Third Third-Party Plaintiff, NYY STEAK MANHATTAN, LLC and Defendant/Third-Party Plaintiff/Third Third- Party Plaintiff, PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP. 570 Lexington Avenue, 4" Floor New York, New York 10022 212 644-4420 Fax: 212-207-8182 File No. 731-37312 TO: KAUFMAN BORGEEST & RYAN Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS 200 Summit Lake Drive, First Floor Valhalla, NY 10595 File No. 4204.018 [938370/1) Sacks and Sacks, LLP Attorneys for Plaintiff Kevin McGonigal 150 Broadway, 4" Floor New York, New York 10038 212-964-5700 LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Third-Party Defendant BARING INDUSTRIES, INC. 125 Broad Street — 7" Floor New York, New York 10004 Attention: Nikolas E. Diamantis, Esq. MILBER MAKRIS PLOUSADIS & SEIDEN LLP Attorneys for Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and K.I.M. CO. REGRIGERATION CORP. s/h/a KIMCO REFRIGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury, NY 11797 (516) 712-4000 (516) 712-4013(fax) File No.: 532-11347 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Third Third-Party Defendant ESS & VEE ACOUNSTICAL CONTRACTORS, INC. 111 John Street New York, New York 10038 (212) 964-7400 File No. AWA-00112 [938370/1]