Preview
INDEX NO. 703116/2012
(FILED: QUEENS COUNTY CLERK 04/04/2013)
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/04/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
~----------- ~~ =~ ee Index No. 703116/12
LUCY A. BUONINCONTRI,
Plaintiff,
VERIFIED ANSWER
Vv TO COMPLAINT
THE GULF STREAM GROUP, INC., 1515
BROADWAY FEE OWNER, LLC, NEDERLANDER
PRODUCING COMPANY OF AMERICA, INC., AND
MINSKOFF 45TH STREET THEATRE, INC.
Defendants.
~---- +--+
Defendants, The Gulfstream Group, Inc., Nederlander
Producing Company of America, Inc. and Minskoff 45th Street
Theatre, Inc. by their attorneys, PEREZ & VARVARO, answer
the Complaint of the Plaintiff by stating as follows:
1 Deny, upon information and belief the allegations of
paragraphs "30, "Br "Er, "70, "gn, "gn "10", "1", "da", "16",
"17", "18", "19", "20", "21", "24a", "26", "27", "28", "29",
"30", "340, "34", "35", "36", "37", "38", "39", "40", "al",
"a2", "aan, "a5", "46", "Aq", "agn and "4g".
2 Deny, upon information and belief the allegations of
paragraph noe and respectfully refers all questions of law co
this Honorable Court
33 Deny, upon information and belief, the allegations of
paragraph nan, except to admit that on September 12, 2012 and at
all the times herein mentioned, the defendant THE GULFSTREAM
GROUP, INC., was a foreign business corporation.
4 Deny, upon information and belief the allegations of
paragraph "13", except to admit that on September 12, 2012 and
at all the times herein mentioned, the defendant 1515 BROADWAY
FEE OWNER, LLC, was a foreign limited liability company.
5 Deny, upon information and belief the allegations of
paragraph "a5", except to admit that on September 12, 2012 and
all the times herein mentioned the defendant 1515 BROADWAY FEE
OWNER, LLC, was the owner of the premises known as 200 West 45th
Street, New York, New York.
6 Deny, upon information and belief the allegations of
paragraph "23", except to admit that on September 12 2012 and
at all the times herein mentioned, the defendant NEDERLANDER
PRODUCING COMPANY OF AMERICA, INC., was a domestic business
corporation.
7 Deny, upon information and belief, the allegations of
paragraph "33", except to admit that on September 12, 2012 and
at all the times herein mentioned, the defendant MINSKOFF 45TH
STREET THEATRE, INC., was a foreign business corporation.
8 Deny having knowledge or information sufficient to
form a belief as to the truth of the allegations of paragraphs
nae "12", "228, "25", "32" and "43",
AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
1 The injuries alleged to have been suffered by the
Plaintiff were caused, in whole or part, by the conduct of
Plaintiff. Plaintiff's claims therefore are barred or diminished
in the proportion that such culpable conduct of Plaintiffs bears
to the total culpable conduct causing the damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
2 The injuries and damages alleged in the Complaint were
caused or contributed to by the culpable conduct including
contributory negligence, assumption of the risk and/or product
misuse of persons over whom these Defendants had no authority or
control.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
3 Pursuant to CPLR Article 16, the liability of these
Defendants to the Plaintiff for non-economic loss shall not
exceed the equitable share of these Defendants determined in
accordance with the relative culpability of each person/party
causing or contributing to the total liability for non-economic
loss.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
4 That recovery, if any, on the Complaint of the
Plaintiff shall be reduced by the amounts paid or reimbursed by
collateral sources in accordance with CPLR 4545( d.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THESE
ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
5 That if it is determined that these answering
Defendants are responsible for the acts alleged in the Complaint
then Plaintiff failed to take appropriate action to mitigate any
damages.
WHEREFORE, these Defendants demand judgment dismissing
the Complaint, together with costs and disbursements, and
in the event any judgment or settlement is recovered herein
against these Defendants, then these Defendants further
demand that such judgment be reduced by the amount which is
proportionate to the degree of culpability of any
plaintiff, and these Defendants further demand judgment
against each other party on the respective cross-claims
and/or counterclaims.
DATED: March 21, 2013
Uniondale, New York
Yours, etc.,
PEREZ & VARVARO
Attorneys for Defendants
THE GULFSTREAM GROUP, INC.,
NEDERLANDER PRODUCING COMPANY OF
AMERICA, INC. AND MINSKOFF 45TH
STREET THEATRE, INC.
Office and Post Office Address
333 Earle Ovington Boulevard
P.O. Box 9372
Uniondale, New York 11553-3644
(516) 745-8310
To:
Scott Baron & Associates, P.Cc.
Attorneys for Plaintiff, Lucy A. Buonincontri
159-49 Cross Bay Boulevard
Howard Beach, New York 11414
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------- ~~ +e -= Index No. 703116/12
LUCY A. BUONINCONTRI,
Plaintiff, VERIFICATION
v.
THE GULF STREAM GROUP, INc., 1515 BROADWAY
FEE OWNER, LLC, NEDERLANDER PRODUCING
COMPANY OF AMERICA, INC., AND MINSKOFF
45TH STREET THEATRE, INC.
Defendants.
----------------
++ - se
The undersigned being duly sworn, states that I am the for
1515 Broadway Fee Owner, LLC and have read the contents of the
attached VERIFIED ANSWER TO COMPLAINT and believe it to be true
based on the information I have available.
FOR 1515 Broadway Fee Owner,
LLC
Sworn and subscribed
Before me on March 21, 2013
Notary Public
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
~-------- +--+ Index No.: 703116/12
LUCY A. BUONINCONTRI,
Plaintiff, NOTICE PURSUANT TO
CPLR 2103
Vv
THE GULF STREAM GROUP, INC., 1515 BROADWAY
FEE OWNER, LLC, NEDERLANDER PRODUCING
COMPANY OF AMERICA, INC., AND MINSKOFF
45TH STREET THEATRE, INC.
Defendants.
~------------------------------------
PLEASE TAKE NOTICE that Defendants The Gulfstream
Group, Inc., Nederlander Producing Company of America, Inc.
and Minskoff 45th Street Theatre, Inc. by their attorneys,
PEREZ & VARVARO, hereby serve( ) Notice upon you pursuant
to Rule 2103 of the Civil Practice Law and Rules that it
expressly rejects service of papers in this matter upon
them by electronic means.
PLEASE TAKE FURTHER NOTICE that waiver of the
foregoing may only be affected by express prior written
consent to such service by PEREZ & VARVARO and by placement
thereby of PEREZ & VARVARO electronic communication number
in the address block of papers filed with the Court.
DATED: March 21, 2013
Uniondale, New York
Yours, etc.,
PEREZ & VARVARO
Attorneys for Defendants
THE GULFSTREAM GROUP, INC.,
NEDERLANDER PRODUCING COMPANY OF
AMERICA, INC. AND MINSKOFF 45TH
STREET THEATRE, INC.
Office and Post Office Address
333 Earle Ovington Boulevard
P.O. Box
9372
Uniondale, New York 11553-3644
(516) 745-8310
To:
Scott Baron & Associates, P.C.
Attorneys for Plaintiff, Lucy A. Buonincontri
159-49 Cross Bay Boulevard
Howard Beach, New York 11414
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
~-+--------------- ~~ e —--- Index No.: 703116/12
LUCY A. BUONINCONTRI,
Plaintiff, COMBINED DISCOVERY
DEMANDS AND NOTICE OF
Vv DEPOSITION
THE GULF STREAM GROUP, INC., 1515 BROADWAY
FEE OWNER, LLC, NEDERLANDER PRODUCING
COMPANY OF AMERICA, INC., AND MINSKOFF
45TH STREET THEATRE, INC.
Defendants.
-x
PLEASE TAKE NOTICE, that Defendants The GulfStream Group,
Inc., Nederlander Producing Company of America, Inc. and
Minskoff 45th Street Theatre, Inc. by their attorneys, PEREZ &
VARVARO, demands that each adverse party afford us the
disclosure which this notice and demand specifies:
DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION
A Each adverse party is to appear for deposition upon
oral examination pursuant to CPLR 3107:
(1) At this date and time: APRIL 29, 2013 AT 10:00 Am
(2) At this place: PEREZ & VARVARO
333 Earle Ovington Boulevard
2nd Floor
Uniondale, New York 11553
Pursuant to CPLR 3106 (d) we designate the following
as the identity, description or title of the particular
officer, director, member, or employee of the adverse party
specified whose deposition we desire to take: ALL PARTIES
Cc Each deposition witness thus examined is to produce
at such time and place pursuant to CPLR 3111, all books,
papers, and other things which are relevant to the issues
in the action and within that adverse party's possession,
custody, or control to be marked as exhibits and used on
the examination.
PARTY STATEMENTS
Each adverse party is to serve on us, pursuant to CPLR
3101 (e) and CPLR 3120, within thirty (30) days from the
service of this Demand, a complete and legible copy of any
statement made by or taken from any individual party or any
officer, agent, or employee of said party.
INSURANCE POLICIES
Each adverse party is to serve, pursuant to CPLR
3101 (£) and CPLR 3120, within thirty (30) days from the
service of this Demand, a complete and legible copy of each
primary or excess insurance agreement under which any
person carrying on an insurance business may be liable to
satisfy part or all of any judgment which may be entered in
this action or to indemnify or reimburse for payments made
to satisfy any such judgment.
ACCIDENT REPORTS
Each adverse party is to serve, pursuant to CPLR
3101 (g) and CPLR 3120, within thirty (30) days from service
of this Demand, a complete and legible copy of every
written report of the accident or other event alleged in
the complaint prepared in the regular course of that
adverse party's business operations or practices.
PHOTOGRAPHS AND VIDEOTAPES
Each adverse party is to serve within thirty (30) days
from the service of this Demand, complete and legible
photographic or videotape reproductions of any and all
photographs, motion pictures maps, drawings, diagrams,
measurements, surveys of the scene of the accident or
equipment or instrumentality involved in the action or
photographs of persons or vehicles involved (if applicable)
made either before, after or at the time of the events in
question, including any photographs or videotapes made of
the plaintiff at any time since the incident referred to in
the Complaint.
WITNESSES
Each adverse party is to serve within thirty (30 days
from the service of this Demand, the name and address of
each witness to any of the following:
1 The accident, occurrence or any other event set
forth in the complaint.
2 Any fact tending to prove actual or constructive
notice of any condition which may give rise to the
liability of any person, whether or not a party, for any
damages alleged in this action.
3 Any admission, statement, writing or act of our
client.
EXPERT WITNESS MATERIAL
Each adverse party is to serve, pursuant to CPLR
3101
(da) (1), within thirty (30) days from the service of
this request, a statement specifying all of the following
data as to each person whom that adverse party expects to
call as an expert witness at trial:
A. The identity of each expert;
B The subject matter on which each expert is expected
to testify, disclosed in reasonable detail;
c The substance of the facts and opinions on which
each expert is expected to testify;
D. The qualifications of each expert; and
EE A summary of the grounds for each expert’s opinion.
PLEASE TAKE FURTHER NOTICE that we will object at
trial to the offer of any proof of an expert's
qualifications which are different from or additional to
those which the adverse party calling the expert had
disclosed in reference to sub-paragraph D.
COLLATERAL SOURCE INFORMATION
Each plaintiff seeking to recover for the cost of
medical care, dental care, custodial care or rehabilitation
services, loss of earnings or other economic loss is to
serve, pursuant to CPLR 4545(c), within thirty (30) days
from the service of this Demand, a statement of all past
and future cost and expense which has been or will, with
reasonable certainty, be replaced or indemnified, in whole
or in part, from any collateral source such as insurance
(except life insurance), social security, workers'
compensation, or employee benefit programs. Each such
statement is to set forth the name, address, and insurance
policy (or other account) number of each collateral source
payor; and, separately stated for each payor, a list
specifying the date and amount of each payment and the
name, address, and social security number or other taxpayer
identification number of each payee.
PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS
Each plaintiff is to serve upon and deliver to us
within thirty (30) days from the service of this Demand:
Medical Reports and_ Bills: Copies of the medical
reports and bills of those health professionals who have
previously treated or examined the plaintiff. Those reports
shall include a detailed recital of the injuries and
conditions as to which testimony will be offered at the
trial, referring to and identifying those diagnostic tests
and technicians’ reports which will be offered at the
trial.
Medical Authorizations: Current duly executed and
notarized written medical authorizations, omplying with
the Health Insurance Portability and Accountability Act
(“HIPAA”), 45 C.F.R. §164.508( ), (using attached form)
permitting all parties to obtain and make copies of the
records and notes including any intake sheets, diagnostic
tests, X-Rays, MRIs and cat scan films, of all treating and
examining hospitals, physicians and other medical
professionals.
MEDICARE DOCUMENTS
Plaintiff is to serve, pursuant to CPLR 3120(1) (i)
within thirty (30) days from the service of this demand, a
complete and legible copy of:
1 Plaintiff's Medicare Insurance Card
2 All Medicare statements of conditional payments for
medical treatment arising out of the incident which is
the subject of this lawsuit.
Plaintiff’s Social Security card.
All documents pertaining to Medicare benefits received
for treatment provided to plaintiff for injuries and
illness arising out of the incident which is the
subject of this lawsuit.
PRODUCTION OF RECORDS AND AUTHORIZATIONS
Each plaintiff is to serve upon and deliver to us
within thirty (30) days from the service of this demand
current duly executed and notarized fully addressed written
authorizations permitting all parties to obtain and make
copies of each of the following:
A All workers' compensation records and reports of
hearings pertaining to the incident alleged to have
occurred in plaintiff's complaint maintained by the
workers' compensation Board and workers' compensation
carrier. Please include workers’ compensation Board number
and workers’ compensation Carrier number.
B All records of present and past employment of
plaintiff.
Cc All records in the no-fault file of any carrier
issuing benefits to the plaintiff arising out of the
incident alleged to have occurred in the complaint. Please
include the claim number.
D All records of the Internal Revenue Service filed
by the plaintiff for the calendar year prior to the date of
the incident alleged in the omplaint and for the two
subsequent years. Please use IRS form 4506 and attach 2
copies of identification of the plaintiff with photo and
signature as required by the IRS.
E. All records of schools attended by plaintiff.
PF All records of each collateral source that has
provided and/or in the future will be providing any payment
or reimbursement for expenses incurred because of this
incident. Please include the policy number and the name of
the policy holder.
NAMES AND ADDRESSES OF ATTORNEYS
Each adverse party is to serve on us, within thirty
(30) days from service of this Demand, the names and
addresses of all attorneys having appeared in this action
on behalf of any adverse party.
PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING
DEMANDS, and that each demand requires that an adverse
party who acquires more than thirty (30) days from the
service of this demand any document, information, or thing
(including the opinion of any person whom the adverse party
expects to call as an expert witness at trial) which is
responsive to any of the above demands, is to give us
prompt written advice to that effect; and, within thirty
(30) days (but no less than sixty (60) days before trial),
is to serve all such information on us and allow us to
inspect, copy, test, and photograph each such document or
thing.
PLEASE TAKE FURTHER NOTICE that we will object at
trial, and move to preclude as to any adverse party who
does not timely identify any witness, serve any report, or
produce any document, information, or thing which is
responsive to a discovery demand set forth in any of the
ensuing paragraphs:
A From calling any event or notice witness not
identified to us or medical expert whose reports have not
been served on us;
B From calling any other expert witness whose
identity, qualifications, and expected fact and opinion
testimony (together with a summary of the grounds for each
such opinion) have not been served on us;
Cc From putting in evidence any exhibit not served on
us or produced for us to discover, inspect, copy, and
photograph in accordance with any of the ensuing
paragraphs; and
D From offering any other proof not timely disclosed
pursuant to a court order in this action.
DATED: March 21, 2013
Uniondale, New York
Yours, etc.,
PEREZ & VARVARO
Attorneys for Defendants
THE GULFSTREAM GROUP, INC.,
NEDERLANDER PRODUCING COMPANY OF
AMERICA, INC. AND MINSKOFF 45TH
STREET THEATRE, INC.
Office and Post Office Address
333 Earle Ovington Boulevard
P.O. Box 9372
Uniondale, New York 11553-3644
(516) 745-8310
To:
Scott Baron & Associates, P.C.
Attorneys for Plaintiff, Lucy A. Buonincontri
159-49 Cross Bay Boulevard
Howard Beach, New York 11414
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------~~ -x Index No.: 703116/12
LUCY A. BUONINCONTRI,
DEMAND FOR VERIFIED
Plaintiff, BILL OF PARTICULARS
Vv
THE GULF STREAM GROUP, INC., 1515 BROADWAY
FEE OWNER, LLC, NEDERLANDER PRODUCING
COMPANY OF AMERICA, INC., AND MINSKOFF
45TH STREET THEATRE, INC.
Defendants.
--------- +
PLEASE TAKE NOTICE, Defendants, THE GULFSTREAM GROUP,
INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING
‘(COMPANY OF AMERICA, INC., and MINSKOFF 45TH STREET THEATRE,
INC., by their attorneys, PEREZ & VARVARO, demands pursuant
to CPLR 3041-3044, that each Plaintiff furnish, within
thirty (30) days of the date cf this demand a Verified Bill
of the following particulars:
A. Liability Issues:
1 The legal name, address, date of birth and social
security number of each plaintiff.
2 The date and approximate time of day of the alleged
accident.
3 The location of the alleged accident.
4 (a) A statement of the acts or omissions
constituting any negligence or other
culpable conduct claimed against this
defendant.
(b) If breach of warranty is alleged, state
whether said warranty was:
1 expressed or implied;
ii oral or written;
iii. if written, set forth a copy thereof;
and
iv if oral, state by whom and to whom the
alleged warranty was made, specifying
the time, place and persons in
sufficient detail to permit
identification.
5 If actual notice is claimed, a statement of when,
by whom and to whom actual notice was given and whether
such notice was in writing; also, if such notice was in
writing, the statement is to include the name and address
of anyone who has any copy of it.
6 If constructive notice is claimed, a statement of
how long any allegedly dangerous or defective condition
existed before the occurrence and who has first-hand
knowledge of any such facts.
7 If any violation is claimed, a citation to each
statute, ordinance, regulation, and other federal state,
or local rule which it is claimed that any defendant we
represent has violated.
8 If any prior similar occurrence is claimed, a
statement of its date, approximate time of day and
approximate location.
9 If any subsequent repair or other remedial action
is claimed, a statement of its date, approximate time of
day, approximate location,
Preview
INDEX NO. 703116/2012 (FILED: QUEENS COUNTY CLERK 04/04/2013) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/04/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ~----------- ~~ =~ ee Index No. 703116/12 LUCY A. BUONINCONTRI, Plaintiff, VERIFIED ANSWER Vv TO COMPLAINT THE GULF STREAM GROUP, INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., AND MINSKOFF 45TH STREET THEATRE, INC. Defendants. ~---- +--+ Defendants, The Gulfstream Group, Inc., Nederlander Producing Company of America, Inc. and Minskoff 45th Street Theatre, Inc. by their attorneys, PEREZ & VARVARO, answer the Complaint of the Plaintiff by stating as follows: 1 Deny, upon information and belief the allegations of paragraphs "30, "Br "Er, "70, "gn, "gn "10", "1", "da", "16", "17", "18", "19", "20", "21", "24a", "26", "27", "28", "29", "30", "340, "34", "35", "36", "37", "38", "39", "40", "al", "a2", "aan, "a5", "46", "Aq", "agn and "4g". 2 Deny, upon information and belief the allegations of paragraph noe and respectfully refers all questions of law co this Honorable Court 33 Deny, upon information and belief, the allegations of paragraph nan, except to admit that on September 12, 2012 and at all the times herein mentioned, the defendant THE GULFSTREAM GROUP, INC., was a foreign business corporation. 4 Deny, upon information and belief the allegations of paragraph "13", except to admit that on September 12, 2012 and at all the times herein mentioned, the defendant 1515 BROADWAY FEE OWNER, LLC, was a foreign limited liability company. 5 Deny, upon information and belief the allegations of paragraph "a5", except to admit that on September 12, 2012 and all the times herein mentioned the defendant 1515 BROADWAY FEE OWNER, LLC, was the owner of the premises known as 200 West 45th Street, New York, New York. 6 Deny, upon information and belief the allegations of paragraph "23", except to admit that on September 12 2012 and at all the times herein mentioned, the defendant NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., was a domestic business corporation. 7 Deny, upon information and belief, the allegations of paragraph "33", except to admit that on September 12, 2012 and at all the times herein mentioned, the defendant MINSKOFF 45TH STREET THEATRE, INC., was a foreign business corporation. 8 Deny having knowledge or information sufficient to form a belief as to the truth of the allegations of paragraphs nae "12", "228, "25", "32" and "43", AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE AS FOLLOWS: 1 The injuries alleged to have been suffered by the Plaintiff were caused, in whole or part, by the conduct of Plaintiff. Plaintiff's claims therefore are barred or diminished in the proportion that such culpable conduct of Plaintiffs bears to the total culpable conduct causing the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE AS FOLLOWS: 2 The injuries and damages alleged in the Complaint were caused or contributed to by the culpable conduct including contributory negligence, assumption of the risk and/or product misuse of persons over whom these Defendants had no authority or control. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE AS FOLLOWS: 3 Pursuant to CPLR Article 16, the liability of these Defendants to the Plaintiff for non-economic loss shall not exceed the equitable share of these Defendants determined in accordance with the relative culpability of each person/party causing or contributing to the total liability for non-economic loss. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE AS FOLLOWS: 4 That recovery, if any, on the Complaint of the Plaintiff shall be reduced by the amounts paid or reimbursed by collateral sources in accordance with CPLR 4545( d. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE AS FOLLOWS: 5 That if it is determined that these answering Defendants are responsible for the acts alleged in the Complaint then Plaintiff failed to take appropriate action to mitigate any damages. WHEREFORE, these Defendants demand judgment dismissing the Complaint, together with costs and disbursements, and in the event any judgment or settlement is recovered herein against these Defendants, then these Defendants further demand that such judgment be reduced by the amount which is proportionate to the degree of culpability of any plaintiff, and these Defendants further demand judgment against each other party on the respective cross-claims and/or counterclaims. DATED: March 21, 2013 Uniondale, New York Yours, etc., PEREZ & VARVARO Attorneys for Defendants THE GULFSTREAM GROUP, INC., NEDERLANDER PRODUCING COMPANY OF AMERICA, INC. AND MINSKOFF 45TH STREET THEATRE, INC. Office and Post Office Address 333 Earle Ovington Boulevard P.O. Box 9372 Uniondale, New York 11553-3644 (516) 745-8310 To: Scott Baron & Associates, P.Cc. Attorneys for Plaintiff, Lucy A. Buonincontri 159-49 Cross Bay Boulevard Howard Beach, New York 11414 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------- ~~ +e -= Index No. 703116/12 LUCY A. BUONINCONTRI, Plaintiff, VERIFICATION v. THE GULF STREAM GROUP, INc., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., AND MINSKOFF 45TH STREET THEATRE, INC. Defendants. ---------------- ++ - se The undersigned being duly sworn, states that I am the for 1515 Broadway Fee Owner, LLC and have read the contents of the attached VERIFIED ANSWER TO COMPLAINT and believe it to be true based on the information I have available. FOR 1515 Broadway Fee Owner, LLC Sworn and subscribed Before me on March 21, 2013 Notary Public SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ~-------- +--+ Index No.: 703116/12 LUCY A. BUONINCONTRI, Plaintiff, NOTICE PURSUANT TO CPLR 2103 Vv THE GULF STREAM GROUP, INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., AND MINSKOFF 45TH STREET THEATRE, INC. Defendants. ~------------------------------------ PLEASE TAKE NOTICE that Defendants The Gulfstream Group, Inc., Nederlander Producing Company of America, Inc. and Minskoff 45th Street Theatre, Inc. by their attorneys, PEREZ & VARVARO, hereby serve( ) Notice upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly rejects service of papers in this matter upon them by electronic means. PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be affected by express prior written consent to such service by PEREZ & VARVARO and by placement thereby of PEREZ & VARVARO electronic communication number in the address block of papers filed with the Court. DATED: March 21, 2013 Uniondale, New York Yours, etc., PEREZ & VARVARO Attorneys for Defendants THE GULFSTREAM GROUP, INC., NEDERLANDER PRODUCING COMPANY OF AMERICA, INC. AND MINSKOFF 45TH STREET THEATRE, INC. Office and Post Office Address 333 Earle Ovington Boulevard P.O. Box 9372 Uniondale, New York 11553-3644 (516) 745-8310 To: Scott Baron & Associates, P.C. Attorneys for Plaintiff, Lucy A. Buonincontri 159-49 Cross Bay Boulevard Howard Beach, New York 11414 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ~-+--------------- ~~ e —--- Index No.: 703116/12 LUCY A. BUONINCONTRI, Plaintiff, COMBINED DISCOVERY DEMANDS AND NOTICE OF Vv DEPOSITION THE GULF STREAM GROUP, INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., AND MINSKOFF 45TH STREET THEATRE, INC. Defendants. -x PLEASE TAKE NOTICE, that Defendants The GulfStream Group, Inc., Nederlander Producing Company of America, Inc. and Minskoff 45th Street Theatre, Inc. by their attorneys, PEREZ & VARVARO, demands that each adverse party afford us the disclosure which this notice and demand specifies: DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION A Each adverse party is to appear for deposition upon oral examination pursuant to CPLR 3107: (1) At this date and time: APRIL 29, 2013 AT 10:00 Am (2) At this place: PEREZ & VARVARO 333 Earle Ovington Boulevard 2nd Floor Uniondale, New York 11553 Pursuant to CPLR 3106 (d) we designate the following as the identity, description or title of the particular officer, director, member, or employee of the adverse party specified whose deposition we desire to take: ALL PARTIES Cc Each deposition witness thus examined is to produce at such time and place pursuant to CPLR 3111, all books, papers, and other things which are relevant to the issues in the action and within that adverse party's possession, custody, or control to be marked as exhibits and used on the examination. PARTY STATEMENTS Each adverse party is to serve on us, pursuant to CPLR 3101 (e) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of any statement made by or taken from any individual party or any officer, agent, or employee of said party. INSURANCE POLICIES Each adverse party is to serve, pursuant to CPLR 3101 (£) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of each primary or excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment. ACCIDENT REPORTS Each adverse party is to serve, pursuant to CPLR 3101 (g) and CPLR 3120, within thirty (30) days from service of this Demand, a complete and legible copy of every written report of the accident or other event alleged in the complaint prepared in the regular course of that adverse party's business operations or practices. PHOTOGRAPHS AND VIDEOTAPES Each adverse party is to serve within thirty (30) days from the service of this Demand, complete and legible photographic or videotape reproductions of any and all photographs, motion pictures maps, drawings, diagrams, measurements, surveys of the scene of the accident or equipment or instrumentality involved in the action or photographs of persons or vehicles involved (if applicable) made either before, after or at the time of the events in question, including any photographs or videotapes made of the plaintiff at any time since the incident referred to in the Complaint. WITNESSES Each adverse party is to serve within thirty (30 days from the service of this Demand, the name and address of each witness to any of the following: 1 The accident, occurrence or any other event set forth in the complaint. 2 Any fact tending to prove actual or constructive notice of any condition which may give rise to the liability of any person, whether or not a party, for any damages alleged in this action. 3 Any admission, statement, writing or act of our client. EXPERT WITNESS MATERIAL Each adverse party is to serve, pursuant to CPLR 3101 (da) (1), within thirty (30) days from the service of this request, a statement specifying all of the following data as to each person whom that adverse party expects to call as an expert witness at trial: A. The identity of each expert; B The subject matter on which each expert is expected to testify, disclosed in reasonable detail; c The substance of the facts and opinions on which each expert is expected to testify; D. The qualifications of each expert; and EE A summary of the grounds for each expert’s opinion. PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any proof of an expert's qualifications which are different from or additional to those which the adverse party calling the expert had disclosed in reference to sub-paragraph D. COLLATERAL SOURCE INFORMATION Each plaintiff seeking to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss is to serve, pursuant to CPLR 4545(c), within thirty (30) days from the service of this Demand, a statement of all past and future cost and expense which has been or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except life insurance), social security, workers' compensation, or employee benefit programs. Each such statement is to set forth the name, address, and insurance policy (or other account) number of each collateral source payor; and, separately stated for each payor, a list specifying the date and amount of each payment and the name, address, and social security number or other taxpayer identification number of each payee. PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this Demand: Medical Reports and_ Bills: Copies of the medical reports and bills of those health professionals who have previously treated or examined the plaintiff. Those reports shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those diagnostic tests and technicians’ reports which will be offered at the trial. Medical Authorizations: Current duly executed and notarized written medical authorizations, omplying with the Health Insurance Portability and Accountability Act (“HIPAA”), 45 C.F.R. §164.508( ), (using attached form) permitting all parties to obtain and make copies of the records and notes including any intake sheets, diagnostic tests, X-Rays, MRIs and cat scan films, of all treating and examining hospitals, physicians and other medical professionals. MEDICARE DOCUMENTS Plaintiff is to serve, pursuant to CPLR 3120(1) (i) within thirty (30) days from the service of this demand, a complete and legible copy of: 1 Plaintiff's Medicare Insurance Card 2 All Medicare statements of conditional payments for medical treatment arising out of the incident which is the subject of this lawsuit. Plaintiff’s Social Security card. All documents pertaining to Medicare benefits received for treatment provided to plaintiff for injuries and illness arising out of the incident which is the subject of this lawsuit. PRODUCTION OF RECORDS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this demand current duly executed and notarized fully addressed written authorizations permitting all parties to obtain and make copies of each of the following: A All workers' compensation records and reports of hearings pertaining to the incident alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board and workers' compensation carrier. Please include workers’ compensation Board number and workers’ compensation Carrier number. B All records of present and past employment of plaintiff. Cc All records in the no-fault file of any carrier issuing benefits to the plaintiff arising out of the incident alleged to have occurred in the complaint. Please include the claim number. D All records of the Internal Revenue Service filed by the plaintiff for the calendar year prior to the date of the incident alleged in the omplaint and for the two subsequent years. Please use IRS form 4506 and attach 2 copies of identification of the plaintiff with photo and signature as required by the IRS. E. All records of schools attended by plaintiff. PF All records of each collateral source that has provided and/or in the future will be providing any payment or reimbursement for expenses incurred because of this incident. Please include the policy number and the name of the policy holder. NAMES AND ADDRESSES OF ATTORNEYS Each adverse party is to serve on us, within thirty (30) days from service of this Demand, the names and addresses of all attorneys having appeared in this action on behalf of any adverse party. PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING DEMANDS, and that each demand requires that an adverse party who acquires more than thirty (30) days from the service of this demand any document, information, or thing (including the opinion of any person whom the adverse party expects to call as an expert witness at trial) which is responsive to any of the above demands, is to give us prompt written advice to that effect; and, within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such information on us and allow us to inspect, copy, test, and photograph each such document or thing. PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude as to any adverse party who does not timely identify any witness, serve any report, or produce any document, information, or thing which is responsive to a discovery demand set forth in any of the ensuing paragraphs: A From calling any event or notice witness not identified to us or medical expert whose reports have not been served on us; B From calling any other expert witness whose identity, qualifications, and expected fact and opinion testimony (together with a summary of the grounds for each such opinion) have not been served on us; Cc From putting in evidence any exhibit not served on us or produced for us to discover, inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and D From offering any other proof not timely disclosed pursuant to a court order in this action. DATED: March 21, 2013 Uniondale, New York Yours, etc., PEREZ & VARVARO Attorneys for Defendants THE GULFSTREAM GROUP, INC., NEDERLANDER PRODUCING COMPANY OF AMERICA, INC. AND MINSKOFF 45TH STREET THEATRE, INC. Office and Post Office Address 333 Earle Ovington Boulevard P.O. Box 9372 Uniondale, New York 11553-3644 (516) 745-8310 To: Scott Baron & Associates, P.C. Attorneys for Plaintiff, Lucy A. Buonincontri 159-49 Cross Bay Boulevard Howard Beach, New York 11414 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------~~ -x Index No.: 703116/12 LUCY A. BUONINCONTRI, DEMAND FOR VERIFIED Plaintiff, BILL OF PARTICULARS Vv THE GULF STREAM GROUP, INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., AND MINSKOFF 45TH STREET THEATRE, INC. Defendants. --------- + PLEASE TAKE NOTICE, Defendants, THE GULFSTREAM GROUP, INC., 1515 BROADWAY FEE OWNER, LLC, NEDERLANDER PRODUCING ‘(COMPANY OF AMERICA, INC., and MINSKOFF 45TH STREET THEATRE, INC., by their attorneys, PEREZ & VARVARO, demands pursuant to CPLR 3041-3044, that each Plaintiff furnish, within thirty (30) days of the date cf this demand a Verified Bill of the following particulars: A. Liability Issues: 1 The legal name, address, date of birth and social security number of each plaintiff. 2 The date and approximate time of day of the alleged accident. 3 The location of the alleged accident. 4 (a) A statement of the acts or omissions constituting any negligence or other culpable conduct claimed against this defendant. (b) If breach of warranty is alleged, state whether said warranty was: 1 expressed or implied; ii oral or written; iii. if written, set forth a copy thereof; and iv if oral, state by whom and to whom the alleged warranty was made, specifying the time, place and persons in sufficient detail to permit identification. 5 If actual notice is claimed, a statement of when, by whom and to whom actual notice was given and whether such notice was in writing; also, if such notice was in writing, the statement is to include the name and address of anyone who has any copy of it. 6 If constructive notice is claimed, a statement of how long any allegedly dangerous or defective condition existed before the occurrence and who has first-hand knowledge of any such facts. 7 If any violation is claimed, a citation to each statute, ordinance, regulation, and other federal state, or local rule which it is claimed that any defendant we represent has violated. 8 If any prior similar occurrence is claimed, a statement of its date, approximate time of day and approximate location. 9 If any subsequent repair or other remedial action is claimed, a statement of its date, approximate time of day, approximate location,