Legal Document: Privilege Underwriters Reciprocal Exchange a/s/o John E. Narvesen a/s/o Mark Wolk v. Despatch Of Southampton Moving & Storage, Llc, Nancy Davis, Collins Brothers Moving Corporation

On September 30, 2019 a DEMAND FOR BILL OF PARTICULARS AND INITIAL D&I DEMANDS was filed involving a dispute between Privilege Underwriters Reciprocal Exchange A S O John E. Narvesen A S O Mark Wolk, and Collins Brothers Moving Corporation, Despatch Of Southampton Moving & Storage, Llc, Nancy Davis, for Torts - Other Negligence (Damage to property) in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 10/22/2019 02:58 PM INDEX NO. 613532/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2019

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL DEMAND FOR VERIFIED
EXCHANGE as subrogee OF JOHN E.NARVESEN and BILL OF PARTICULARS
MARK WOLK,
Index No. 613532/2019
Plaintiffs,

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that you are hereby required to serve the following

particulars of each plaintiff’s alleged causes of action herein within twenty (20) days from the

date of service hereof:

1. Set forth the full name of plaintiff and any and all names by which plaintiff has
ever been known, including but not limited to a maiden name.

2. Set forth the date, place of birth, and social security number of plaintiff.

3. Set forth the address of plaintiff at time of the alleged accident and at present.

4. Set forth the date and approximate time of day of the occurrence.

5. Set forth the part or portion of the premises where the accident is alleged to have
occurred, giving the floor number and the location thereon, so as to be readily identified; street
floor or ground floor to be considered the first floor.

6. If the occurrence took place upon a stairway, set forth the location of the stairway
in the premises, stating between what floors situated; also the particular step on said stairway,
counting from the bottom or top thereof.

7. If the accident happened on the sidewalk, lot or roadway:

A. State with specificity, the distance from the nearest intersection and from
the curb and building line to the accident site.

B. If plaintiff claims improper repair or failure to repair, state with specificity
any and all items in need of repair, indicating which were improperly
repaired and which and/or in what way there was a failure to repair.

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C. If plaintiff claims improper snow removal or failure to remove, state with
specificity in what way was there improper snow removal and/or failure to
remove snow.

D. If the accident happened before or after rain or snow, state when the last
precipitation fell and/or if it was continuing at the time of the accident.

E. When the accident happened, had snow removal already taken place.

8. If the occurrence took place within the premises where plaintiff did not have
his/her place of residence, business, or employment, state whether the plaintiff claims to be a
visitor, and if so, set forth the number of the apartment or suite which plaintiff was visiting, the
name of the occupant thereof, and the purpose of the visit.

9. If the accident involved an elevator:

A. Identify the particular elevator by building elevator number, New York
City elevator number, or other identification number or if same is not
known, identify said elevator with specificity by any other means.

B. State whether the plaintiff was entering or leaving and on what floor it
occurred.

C. State the speed the elevator was moving at when the accident occurred.

D. To the best of plaintiff’s knowledge, when the elevator was last inspected,
repaired, or serviced.

10. Set forth with specificity any and all acts or omissions constituting the negligence
claimed as against each defendant.

11. If actual notice is claimed, set forth the name of the person to whom notice is
claimed to have been given, whether notice was written or oral, the date notice was given, and, if
written, attach a copy.

12. If it is claimed that negligent repairs were made, state when, where, and by whom
on behalf of each defendant they were made and in what respect such repairs were negligently
performed.

13. If constructive notice is claimed for how long a time (in minutes, hours, days,
weeks, etc., as nearly as may be stated) did the condition exist before the occurrence.

14. What ordinances, regulations, and statutes does plaintiff claim each defendant
violated.

15. Describe the injuries sustained by plaintiff indicating the exact location, nature,
extent, and duration of each injury, their sequelæ, indicating which of those injuries are claimed
to be permanent.

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16. State whether said plaintiff claims any limitation of motion, loss of use, or loss of
function as a result of the injuries alleged and, if so, state the nature, extent, and degree of
permanency thereof.

17. Set forth the names and addresses of all hospitals where plaintiff was treated or
confined as a result of the accident and state the length of time said plaintiff was treated or
confined in said hospitals, together with the dates of admission and discharge following the
accident.

18. State plaintiff’s occupation and the name and address of plaintiff’s employers:

A. At the time of the accident;

B. At the present time; and/or

if plaintiff was/is self-employed and/or engaged in some other pursuit, so state and give the
address of such employment and/or pursuit.

19. If plaintiff is/was a student, state the names and addresses of the schools attended:

A. On the date of the accident;

B. At present.

20. State the length of time, giving specific dates said plaintiff was incapacitated from
employment, school attendance, and/or from attending to his/her usual duties and vocation; the
amount of earnings or wages claimed to have been lost and the rate of wage or basis of
remuneration received by the plaintiff.

21. State the length of time plaintiff claims he/she was:

A. Totally disabled;

B. Partially disabled;

C. Unable to pursue his/her usual occupation.

22. Set forth the amounts claimed to have been sustained as special damages for:

A. Physicians’ services;

B. Medical supplies, including appliances;

C. Hospital expenses;

D. Nurses’ services;

E. X-rays, CT scans, MRI scans, and other diagnostic testing expenses;

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F. Lost wages;

G. Loss of income;

H. All other items of special damages claimed.

23. State the amounts earned by said plaintiff for two (2) years prior to this accident,
giving the name and address of each employer during said years and the amount earned from
each employer.

PLEASE TAKE FURTHER NOTICE that, in the event you fail to furnish said Bill of

Particulars within said period of twenty (20) days, a motion will be made for an order precluding

each plaintiff from offering any evidence at the trial of the above action for which particulars

have not been furnished.

Dated: New York, New York
October 22, 2019

Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768
TO:

Morrison Law Firm, P.C.
Attorney for Plaintiff
Privilege Underwriters Reciprocal Exchange, as subrogee of John E. Narvesen and Mark Wolk
445 Hamilton Avenue, Suite 402
White Plains, NY 10601
(914) 239-3650

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL NOTICE FOR DISCOVERY
EXCHANGE as subrogee OF JOHN E.NARVESEN and
MARK WOLK, Index No. 613532/2019

Plaintiffs,

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to

serve upon and deliver to the undersigned and all other parties to this action, the following:

1. Copies of affidavits and/or affirmations and all other proofs as to the service of
process of the summons and complaint upon the Defendant, Despatch of Southampton Moving
& Storage, LLC.

2. If a plaintiff is self-employed or obtains income from sources other than
employment, submit copies of plaintiff’s income tax returns for a three (3) year period preceding
the date of the accident as set forth in the complaint.

3. If applicable, duly executed and acknowledged original authorizations permitting
the undersigned to obtain and copy no-fault medical and wage records for each plaintiff for the
period from the date of occurrence to the present.

4. If applicable, if a claim has or will be made pursuant to the terms of Article XVIII
of the Insurance Law of the State of New York (No-Fault Law), with respect to each and every
application:

A. Set forth the name, address, policy number and claim number of each
company to which a claim has been or will be made;

B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the plaintiff
from each company identified in the response to paragraph “4.A”.

5. If a claim has or will be made pursuant to the terms of the Workers’
Compensation Law, with respect to each and every application:

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A. Set forth the name, address, policy number and claim number to which a
claim has been or will be made, together with the Workers’ Compensation
Board file number;

6. If a disability claim has or will be made pursuant to the terms of the Social
Security Law, with respect to each and every application:

A. Set forth the claim office, the address and the claim number assigned;

B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the plaintiff.

7. Pursuant to CPLR Section 4545(c) produce and permit the undersigned attorneys
to inspect and copy the contents of:

A. Each and every collateral source of payment, including but not limited to,
insurance agreements, Social Security, workers’ compensation or
employee benefit programs, and any other collateral source of payment for
past or future costs or expenses alleged to have been incurred by the
plaintiff and for which recovery is sought in the instant action;

B. A written statement setting forth any such collateral sources and their
amounts;

C. Duly executed and acknowledged written authorizations permitting the
undersigned to obtain and make copies of all records relating to collateral
source information as set forth herein.

8. Duly executed and acknowledged original authorizations permitting the
undersigned to obtain and copy:

A. Employment records for three years prior to the date of accident to
present;

B. Union records for three years prior to the date of accident to present.

PLEASE TAKE FURTHER NOTICE that the within demands are continuing

demands. In the event any of the above items are obtained after service of this demand, they are

to be furnished to this office upon receipt.

Dated: New York, New York
October 22, 2019

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Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

CAT/aml
34

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL DEMAND FOR PHOTOGRAPHS
EXCHANGE as subrogee OF JOHN E.NARVESEN and
MARK WOLK, Index No. 613532/2019

Plaintiffs,

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to the applicable portions of the C.P.L.R., you

are hereby required to produce for inspection and photocopying any and all photographs

depicting:

1. The scene of the accident.

2. The vehicles involved in the incident both before and after (if applicable).

3. Any bodily injuries alleged to have been suffered by plaintiff (if applicable).

4. Any property damage alleged to have been suffered by plaintiff (if applicable).

5. The instrumentality which caused the damages (if applicable).

Said production is to take place at the offices of SMITH MAZURE DIRECTOR

WILKINS YOUNG & YAGERMAN, P.C., 111 John Street, New York, NY 10038, on

November 14, 2019, at 2:00 o’clock in the afternoon.

PLEASE TAKE FURTHER NOTICE that legible photocopies received at this office

on or before the date specified above will be deemed acceptable.

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PLEASE TAKE FURTHER NOTICE that the undersigned reserves the right to

demand duplicate prints of photographs, the reasonable cost of which will be borne by

undersigned.

PLEASE TAKE FURTHER NOTICE that if you are in possession of now, or

subsequent to the date of this demand, come into possession of video, movie, or any other type of

television or electronic media produced photographs of either the scene, the vehicle, the plaintiff,

property damage, or instrumentality, demand is made for the production thereof at the offices of

Smith Mazure Director Wilkins Young & Yagerman, P.C..

Dated: New York, New York
October 22, 2019

Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

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DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that demand is hereby made upon you to produce, pursuant

to CPLR 3101(d), the following within twenty (20) days of receipt of this demand:

1. Identify with specificity, including name and last known business address, each
expert witness you or the party you represent intends to call at time of trial.

2. State with specificity, the qualifications of each and every expert witness you or
the party you represent intends to call at time of trial, including, but not limited to educational
backgrounds, professional licenses obtained and state where gained, related academic
experience, work experience, relevant articles published, lectures given and professional
associations with which the expert may be affiliated.

3. State with specificity the subject matter in reasonable detail upon which the expert
is expected to testify at the time of trial.

4. With respect to each expert, state:

A. The facts and opinions upon which the expert is expected to testify at time
of trial;

B. When this expert was retained by counsel;

C. With whom the expert has consulted in reaching his opinions and
conclusions with regard to this matter and provide their last known
business address;

D. Whether this expert has had occasion to visit the scene of this occurrence,
and provide the dates involved.

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5. Provide a summary of the grounds of each expert’s opinion and attach any data in
support of each opinion and conclusion.

6. Attach a complete copy of each expert’s report, including photographs, exhibits,
diagrams, charts, and any other material prepared by this expert in connection with this retainer.

7. State whether any of the named experts have previously testified on behalf of
your law office in other litigation. If so, provide case name and index number.

PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand

and, in the event that an expert is retained subsequent to your response to this demand, you are to

provide updated answers to the foregoing discovery demands. Your failure to do so will result in

the preclusion of any testimony of any expert not identified pursuant to this demand.

Dated: New York, New York
October 22, 2019

Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL DEMAND FOR THE
EXCHANGE as subrogee OF JOHN E.NARVESEN and NAMES AND ADDRESSES
MARK WOLK, OF ALL WITNESSES
Plaintiffs, Index No. 613532/2019

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that the undersigned hereby demands, pursuant to CPLR

3101(a), that you set forth in writing and under oath, within ten (10) days of the service of this

demand upon you, the name and address of each person claimed, by any party you represent, to

be a witness to any of the following:

A. The occurrence alleged in the complaint; and/or

B. Any acts, omissions or conditions which allegedly caused the occurrence
alleged in the complaint; and/or

C. Any actual notice allegedly given to any defendant or any employee of
defendant of any condition which allegedly caused the occurrence alleged
in the complaint; and/or

D. The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.

If no such witnesses are known to you, so state in reply to this demand. The undersigned

will object upon trial to the testimony of any witnesses not so identified.

PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand.

In the event any of the above items are obtained after service of this demand, they are to be

furnished to this office.

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Dated: New York, New York
October 22, 2019

Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

CAT/aml
34

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL DEMAND FOR
EXCHANGE as subrogee OF JOHN E.NARVESEN and STATEMENTS PURSUANT
MARK WOLK, TO CPLR 3101(e) and 3120
Plaintiffs, Index No. 613532/2019

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that demand is hereby made upon you to produce, pursuant

to CPLR 3101(e) and 3120, and to permit us to discover, inspect, copy and photocopy any

statement in the possession, custody or control of any party you represent in this action or in your

file, actually or allegedly made by or taken from any defendant we represent in this action, or

from any agent, servant or employee of any such defendant at:

DATE & : November 14, 2019, at 2:00 p.m.
TIME

PLACE : Smith Mazure Director Wilkins Young &
Yagerman, P.C.
111 John Street
New York, NY 10038
(212) 964-7400

or to mail said photocopies to this office before said date.

Dated: New York, New York
October 22, 2019

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Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

CAT/aml
34

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL
EXCHANGE as subrogee OF JOHN E.NARVESEN and DEMAND FOR INSURANCE
MARK WOLK, INFORMATION

Plaintiffs, Index No. 613532/2019

DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC and NANCY DAVIS,

Defendants.
----------------------------------------------------------------------X

PLEASE TAKE NOTICE that the demand is made by Defendant Despatch of

Southampton Moving & Storage, LLC upon you to produce for discovery, inspection and/or

copying at the offices of SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN,

P.C., 111 John Street, New York, NY 10038, on November 14, 2019, at 2:00 p.m., and/or to mail

to this office before said date, all contracts of insurance coverage in effect at the time of the

accident and/or incident that would afford primary or excess coverage for any defendant and/or

for Defendant Despatch of Southampton Moving & Storage, LLC.

Dated: New York, New York
October 22, 2019

Yours, etc.,

SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
Despatch of Southampton Moving & Storage,
LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768

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TO:

Matthew A. Cuomo, Esq.
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)

CAT/aml
34

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SUPREME COURT OF THE STATE OF NEW YORK

Case Info

Case No.

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Document Filed Date

October 22, 2019

Case Filing Date

September 30, 2019

County

Parties

COLLINS BROTHERS MOVING CORPORATION Defendant
CUOMO, MATTHEW A Attorney for the Defendants
Despatch of Southampton Moving & Storage, LLC Defendant
Nancy Davis Defendant
PIAZZA, ANNA M Attorney for the Plaintiff
POISSANT, CATHERINE J Attorney for the Defendants
Privilege Underwriters Reciprocal Exchange a/s/o John E. Narvesen a/s/o Mark Wolk Plaintiff
TAVEL, COREY A Attorney for the Defendants
DANIEL MORRISON Attorneys for Plaintiffs
WILLIAM MORRISON Attorney

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Document for Privilege Underwriters Reciprocal Exchange a/s/o John E. Narvesen a/s/o Mark Wolk v. Despatch Of Southampton Moving & Storage, Llc, Nancy Davis, Collins Brothers Moving Corporation

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Case Info

Parties