Preview
FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------- x
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. Index No.: 154039/2020E
AND 250 BROADWAY OWNER LLC, AS THE :
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING
AND/OR MERGER, TO 250 BROADWAY ASSOCIATES : DEMAND FOR VERIFIED
CORP., BILL OF PARTICULARS
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
:
Defendant.
------------------------------------------------------------------------- X
PLEASE TAKE NOTICE that pursuant to Sections 3041 to 3044 of the C.P.L.R., you
are hereby required to serve upon the undersigned defendants a Verified Bill of Particulars
pursuant to the following demand.
Each item and subdivision of this Demand must be answered separately and categorically
under its own number, without reference to the Complaint or to other portions of the Bill of
Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760.
1. Set forth the full name and address of the plaintiff.
2. State generally how the incident/damage occurred.
3. Set forth the exact date, time and exact location of each occurrence complained of
herein.
4. Set forth each and every act or omission alleged to constitute the negligence of these
defendants with respect to the occurrence alleged in the complaint.
5. Set forth what statute, ordinances, regulations and laws plaintiff claims this defendant
violated.
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6. If itis alleged that this defendants, their agents, servants and/or employee caused or
created the condition, state the name of the person who caused or created the condition and the
date, time when condition was caused or created.
7. Ifconstructive notice is claimed, state the length of time the condition existed before
the accident, (in minutes, hours, days, etc.)
8. Ifactual notice is alleged, please identify:
a. The person to whom actions or notice was given;
b. The date or dates said notice was given;
c. The place or dates actual notice was given;
d. Whether the notice was oral or written.
9. If work at, or in, or near, the locations is claimed to be defective:
a. Describe the work involved;
b. What was the location within the premises of said work. (Describe in adequate
detail to permit ready identification and location);
c. What was the nature of each defect and what was its location;
d. In what manner did the allegedly defective work cause the occurrence;
e. In what manner was the work defective?
10. Please list all items of damage which allegedly occurred and the total damages
claimed.
11. Please provide for each and every item of damage which you claim, a precise
estimation of the value of the property immediately prior to the alleged occurrence, a precise
estimation of any salvage value of the property immediately subsequent to the time of the alleged
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occurrence, the alleged reasonable cost of repair, separately state the amounts for parts/supplies,
labor and replacement, a complete description of the property as it was immediately prior to the
alleged occurrence and the condition of the property immediately after the alleged occurrence.
12. Set forth the date each alleged repair was made, the nature of the repair and the
person who performed said repair.
13. Set forth the name and address of each person or corporation, which allegedly made
each repair, identifying each repair separately.
14. State with specificity the amounts you claim as loss of income.
15. State with specificity the amounts you claim as consequential damages.
16. Please listall other losses or expenses incurred by you for which claim is made in this
litigation and which have not otherwise been set forth above.
17. State with specificity whether an inspection was performed at the subject location
after the claimed incident; and identify all persons present at said inspection.
18. Set forth the date when plaintiff learned of the alleged damage as referred to in the
complaint.
19. Set forth a complete and detailed description of the damages allegedly sustained. In
said description, set forth as to each item of property:
(a) A detailed physical description of same;
(b) Whether plaintiff owned said item and, if plaintiff did not own said item,
how plaintiff was entitled to possession of same;
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(c) If the item is owned by the plaintiff, set forth whether plaintiff acquired
legal title to same by purchase, gift or inheritance;
(d) If plaintiff had any appraisals/assessment made of any of the aforesaid
items, set forth the appraiser's name and address, the date of appraisal and
the appraisal price of the item.
20. Set forth as to each item of plaintiff's property allegedly damaged the following:
a. a physical description thereof;
b. a description of the damage thereto;
c. copies of cancelled checks, bills and invoices relating to the items;
d. whether plaintiff is in possession of any of the damaged property;
e. the present location of said damaged property;
f. the actual and estimated cost of repair;
g. the actual and estimated cost to replace;
h. Set forth the method calculation of replacement/repair costs; and
i. ifplaintiff is not in possession of any of the items, set forth:
i. the date, time and place of itsdisposal;
ii. The manner of disposal of each item of property allegedly
damaged;
iii. The amount of money received upon sale, disposal or salvage
of each item of property allegedly damaged; and
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iv. Copies of checks and invoices relating to the sale or disposal.
21. Set forth, in detail, how the dollar amount of alleged damages was arrived at by the
plaintiff.
22. Ifsaid damage was reported in written form, annex a copy with your report/response.
If said loss was reported orally, set forth:
a) The name and address of the person(s) to whom said loss was
reported;
b) The description of the loss as reported to this/these person(s); and
c) What, if any, response was made by this/these person(s)
23. If itis claimed that the defendant breached any contract or agreement, state what acts
or omissions constituted the breach of contract or agreement of this defendant.
24. Set forth the date, time and place of making of the alleged contract.
PLEASE TAKE FURTHER NOTICE that if the above Demand is not complied with
within the next thirty (30) days, an application will be made to preclude the plaintiff from giving
any evidence thereof upon the trial of this action, pursuant to the aforementioned rules.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattfety f Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21st
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
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File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------ X Index No.: 154039/2020E
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE TO TAKE
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING DEPOSITION UPON
AND/OR MERGER, TO 250 BROADWAY : ORAL EXAMINATION
ASSOCIATES CORP.,
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
Defendant.
------------------------------------------------------------------------ X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, the testimony upon oral examination of plaintiff will be taken before a Notary Public who
is not an attorney, or employee of an attorney, for any party or prospective party herein and is not
a person who would be disqualified to act as a juror because of interest or because of
consanguinity or affinity to any party herein, at the office of LEWIS BRISBOIS BISGAARD
& SMITH LLP, located at 77 Water Street, Suite 2100, New York, New York, a mutually
convenient date at 10:00 a.m. with respect to evidence and material necessary in the defense of
this action.
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That the said person to be examined is required to produce at such examination any and
all documents relative to the claims in the plaintiff's Complaint.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattKesef Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21st
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
ZURICH AMERICAN INSURANCE COMPANY AS : Index No.: 154039/2020E
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE FOR DISCOVERY
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING AND INSPECTION OF BILLS
AND/OR MERGER, TO 250 BROADWAY :
ASSOCIATES CORP.,
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
Defendant.
________________________________________________________________________
PLEASE TAKE NOTICE, that the plaintiff is hereby requested to produce for discovery
and inspection, at the offices of the undersigned within twenty (20) days after receipt of this
notice, the following documents:
Each and every bill, invoice, receipt, statement of account or itemized
charge received by the plaintiff or anyone on their behalf pertaining to the
damages claimed in this lawsuit.
Each and every calculation of damage, including identification of costs
such as materials, labor, or replacement information.
Each and every documents relied upon in order to determine plaintiff's
alleged damages.
A copy of plaintiff's insurance policy.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the above
demands, defendant will move this court, at or before the trialof this action, to preclude the plaintiff
from: offering any evidence of the conditions described in the reports or records demanded; offering
in evidence any part of the hospital records, medical reports and records, x-ray reports or reports of
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other technicians not made available pursuant to applicable rules; and offering any testimony of any
physicians whose medical reports have not been served pursuant to the above demands.
PLEASE TAKE FURTHER NOTICE that the above demand are continuing demands
and all responsive information that subsequently is made known or becomes available shall be
furnished to the undersigned in a timely fashion.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattfety f Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21"
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
4844-2880-2757.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------ x Index No.: 154039/2020E
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE :
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING DEMAND FOR THE
AND/OR MERGER, TO 250 BROADWAY : NAMES AND ADDRESSES
ASSOCIATES CORP., OF ALL WITNESSES
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
:
Defendant.
------------------------------------------------------------------------ X
PLEASE TAKE NOTICE that defendants, by their attorneys, LEWIS BRISBOIS
BISGAARD & SMITH LLP hereby demands, pursuant to CPLR Section 3101(a), that the plaintiff
provide to said attorneys at 77 Water Street, Suite 2100, New York, NY 10005, in writing and under
oath, within thirty (30) days of the service of this demand, the name(s) and address(es) of each
person known and/or claimed by the plaintiff to be a witness to any of the following:
(a) The occurrence alleged in the complaint;
(b) Any acts, omissions or conditions which allegedly caused the
occurrence alleged in the complaint;
(c) Any actual notice allegedly given to defendants or their agents,
servants or employees, of any condition(s) which allegedly caused
the occurrence alleged in the complaint;
(d) The nature and duration of any alleged condition which allegedly
caused the occurrence alleged in the complaint;
(e) The alleged injuries, losses and/or damages.
PLEASE TAKE FURTHER NOTICE that ifno such witness(es) is/are known or claimed
to/by the party/parties you represent, so state in a sworn reply to the above demands.
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PLEASE TAKE FURTHER NOTICE that the undersigned will object upon trial of this
action to the testimony of any witness(es) not identified in response to the above demands.
PLEASE TAKE FURTHER NOTICE that the above demands are continuing
demands, and allresponsive information that subsequently is made known or becomes available
shall be furnished to the undersigned in a timely fashion.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattfety f Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21"
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
4844-2880-2757.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------ x Index No.: 154039/2020E
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE TO PRODUCE
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING STATEMENT OF
AND/OR MERGER, TO 250 BROADWAY : PARTY PURSUANT TO
ASSOCIATES CORP., CPLR § 3101(e) and 3120
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
Defendant.
------------------------------------------------------------------------ X
PLEASE TAKE NOTICE that defendants, by their attorneys, LEWIS BRISBOIS
BISGAARD & SMITH LLP hereby demands, pursuant to CPLR Sections 3101(e) and 3120, that
the said attorneys be provided at 77 Water Street, Suite 2100, New York, NY 10005, with true and
accurate copies of all statements, signed or unsigned, recorded on tape electronically or otherwise,
made by defendant, or their agents, servants and/or employees, taken by, or on behalf of, or in the
possession of, any of the other parties to this action or their respective attorneys.
PLEASE TAKE FURTHER NOTICE that if there are no such statements, please so state
in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE that default in complying with this demand within
thirty (30) days of the date of service hereof will serve as a basis for objection by the undersigned
attorneys to the use of any such statement upon the trial of this action.
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PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands
and all responsive information that is made known or becomes available after service of the above
demands shall be furnished to the undersigned in a timely fashion.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattKesef Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21"
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
4844-2880-2757.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------ x Index No.: 154039/2020E
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE : DEMAND FOR
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING PHOTOGRAPHS/
AND/OR MERGER, TO 250 BROADWAY : VIDEOTAPES
ASSOCIATES CORP.,
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
:
Defendant.
------------------------------------------------------------------------ X
C O U N S E L O R S :
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR §3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46
App. Div. 581; Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc., 266
N.Y.S.2d 453, the undersigned demands that you serve upon them, within twenty (20) days of
the service of this demand, the following:
1. Photographs of the scene of the incident which is the subject to this litigation.
2. Photographs of the instrumentalities involved in such litigation.
3. Photographs that are claimed to demonstrate the damages allegedly sustained.
4. Videotapes, films, etc. pertaining to the demands in 1-3 above.
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PLEASE TAKE FURTHER NOTICE that your failure to comply with the foregoing
demand will serve as the basis of a motion seeking, in whole or in part, an order precluding the
plaintiff, from introducing into evidence and for otherwise using the above demanded items for any
purpose whatsoever upon the trialof this action.
Dated: New York, New York
July 29, 2020
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: fattfeve f Geter
Matthew P. Cueter
Attorneys for Defendant
EAST COAST MECHANICAL
CONTRACTING CORP.
21st
77 Water Street, Floor
New York, New York 10005
(212) 232-1300
File No.: 42714.59
TO:
David S. Huberman
WHITE AND WILLIAMS LLP
Attorney for Plaintiff
Zurich American Insurance Company a/s/o 250
Broadway Associates Corp. and 250 Broadway Owner LLC,
As the Successor-In-Interest, by restructuring and/or merger, to 250
Broadway Associates Corp
1650 Market Street
Philadelphia, PA 19102
(215) 864-6344
Huberman@whiteandwilliams.com
4844-2880-2757.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------ x Index No.: 154039/2020E
ZURICH AMERICAN INSURANCE COMPANY AS :
SUBROGEE OF 250 BROADWAY ASSOCIATES
CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE FOR DISCOVERY
SUCCESSOR-IN-INTEREST, BY RESTRUCTURING AND INSPECTION OF
AND/OR MERGER, TO 250 BROADWAY : DOCUMENTS
ASSOCIATES CORP.,
:
Plaintiff,
:
-against-
EAST COAST MECHANICAL CONTRACTING CORP.,
:
Defendant.
------------------------------------------------------------------------ X
PLEASE TAKE NOTICE, that all parties are required pursuant to the CPLR to produce
for discovery and inspection within twenty (20) days after receipt of this notice, at the offices of
the undersigned, the following:
1. Provide with respect to the claimed loss:
a. Copies of all contracts and/or agreements entered into in
connection with the construction, repair and maintenance as
alleged in the Complaint;
b. All contracts and/or agreements referred to in the
Complaint or any cross-claims;
c. All construction, repair, maintenance and/or service
agreements regarding the repair of the damages alleged in
the Complaint;
d. Copies of all policies of insurance applicable to the above
entitled action;
e. A list of all persons, agents, employees, personnel of the
parties including the carriers, any contractor, engineer,
architect or other representative, agents or employee who
was at the subject location on the date of loss, or thereafter
to inspect, repair observer the claimed damages;
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Preview
FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------- x ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. Index No.: 154039/2020E AND 250 BROADWAY OWNER LLC, AS THE : SUCCESSOR-IN-INTEREST, BY RESTRUCTURING AND/OR MERGER, TO 250 BROADWAY ASSOCIATES : DEMAND FOR VERIFIED CORP., BILL OF PARTICULARS : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., : Defendant. ------------------------------------------------------------------------- X PLEASE TAKE NOTICE that pursuant to Sections 3041 to 3044 of the C.P.L.R., you are hereby required to serve upon the undersigned defendants a Verified Bill of Particulars pursuant to the following demand. Each item and subdivision of this Demand must be answered separately and categorically under its own number, without reference to the Complaint or to other portions of the Bill of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760. 1. Set forth the full name and address of the plaintiff. 2. State generally how the incident/damage occurred. 3. Set forth the exact date, time and exact location of each occurrence complained of herein. 4. Set forth each and every act or omission alleged to constitute the negligence of these defendants with respect to the occurrence alleged in the complaint. 5. Set forth what statute, ordinances, regulations and laws plaintiff claims this defendant violated. 4844-2880-2757.1 1 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 6. If itis alleged that this defendants, their agents, servants and/or employee caused or created the condition, state the name of the person who caused or created the condition and the date, time when condition was caused or created. 7. Ifconstructive notice is claimed, state the length of time the condition existed before the accident, (in minutes, hours, days, etc.) 8. Ifactual notice is alleged, please identify: a. The person to whom actions or notice was given; b. The date or dates said notice was given; c. The place or dates actual notice was given; d. Whether the notice was oral or written. 9. If work at, or in, or near, the locations is claimed to be defective: a. Describe the work involved; b. What was the location within the premises of said work. (Describe in adequate detail to permit ready identification and location); c. What was the nature of each defect and what was its location; d. In what manner did the allegedly defective work cause the occurrence; e. In what manner was the work defective? 10. Please list all items of damage which allegedly occurred and the total damages claimed. 11. Please provide for each and every item of damage which you claim, a precise estimation of the value of the property immediately prior to the alleged occurrence, a precise estimation of any salvage value of the property immediately subsequent to the time of the alleged 4844-2880-2757.1 2 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 occurrence, the alleged reasonable cost of repair, separately state the amounts for parts/supplies, labor and replacement, a complete description of the property as it was immediately prior to the alleged occurrence and the condition of the property immediately after the alleged occurrence. 12. Set forth the date each alleged repair was made, the nature of the repair and the person who performed said repair. 13. Set forth the name and address of each person or corporation, which allegedly made each repair, identifying each repair separately. 14. State with specificity the amounts you claim as loss of income. 15. State with specificity the amounts you claim as consequential damages. 16. Please listall other losses or expenses incurred by you for which claim is made in this litigation and which have not otherwise been set forth above. 17. State with specificity whether an inspection was performed at the subject location after the claimed incident; and identify all persons present at said inspection. 18. Set forth the date when plaintiff learned of the alleged damage as referred to in the complaint. 19. Set forth a complete and detailed description of the damages allegedly sustained. In said description, set forth as to each item of property: (a) A detailed physical description of same; (b) Whether plaintiff owned said item and, if plaintiff did not own said item, how plaintiff was entitled to possession of same; 4844-2880-2757.1 3 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 (c) If the item is owned by the plaintiff, set forth whether plaintiff acquired legal title to same by purchase, gift or inheritance; (d) If plaintiff had any appraisals/assessment made of any of the aforesaid items, set forth the appraiser's name and address, the date of appraisal and the appraisal price of the item. 20. Set forth as to each item of plaintiff's property allegedly damaged the following: a. a physical description thereof; b. a description of the damage thereto; c. copies of cancelled checks, bills and invoices relating to the items; d. whether plaintiff is in possession of any of the damaged property; e. the present location of said damaged property; f. the actual and estimated cost of repair; g. the actual and estimated cost to replace; h. Set forth the method calculation of replacement/repair costs; and i. ifplaintiff is not in possession of any of the items, set forth: i. the date, time and place of itsdisposal; ii. The manner of disposal of each item of property allegedly damaged; iii. The amount of money received upon sale, disposal or salvage of each item of property allegedly damaged; and 4844-2880-2757.1 4 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 iv. Copies of checks and invoices relating to the sale or disposal. 21. Set forth, in detail, how the dollar amount of alleged damages was arrived at by the plaintiff. 22. Ifsaid damage was reported in written form, annex a copy with your report/response. If said loss was reported orally, set forth: a) The name and address of the person(s) to whom said loss was reported; b) The description of the loss as reported to this/these person(s); and c) What, if any, response was made by this/these person(s) 23. If itis claimed that the defendant breached any contract or agreement, state what acts or omissions constituted the breach of contract or agreement of this defendant. 24. Set forth the date, time and place of making of the alleged contract. PLEASE TAKE FURTHER NOTICE that if the above Demand is not complied with within the next thirty (30) days, an application will be made to preclude the plaintiff from giving any evidence thereof upon the trial of this action, pursuant to the aforementioned rules. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattfety f Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21st 77 Water Street, Floor New York, New York 10005 (212) 232-1300 4844-2880-2757.1 5 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 6 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ X Index No.: 154039/2020E ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE TO TAKE SUCCESSOR-IN-INTEREST, BY RESTRUCTURING DEPOSITION UPON AND/OR MERGER, TO 250 BROADWAY : ORAL EXAMINATION ASSOCIATES CORP., : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., Defendant. ------------------------------------------------------------------------ X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of plaintiff will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the office of LEWIS BRISBOIS BISGAARD & SMITH LLP, located at 77 Water Street, Suite 2100, New York, New York, a mutually convenient date at 10:00 a.m. with respect to evidence and material necessary in the defense of this action. 4844-2880-2757.1 7 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 That the said person to be examined is required to produce at such examination any and all documents relative to the claims in the plaintiff's Complaint. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattKesef Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21st 77 Water Street, Floor New York, New York 10005 (212) 232-1300 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 8 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X ZURICH AMERICAN INSURANCE COMPANY AS : Index No.: 154039/2020E SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE FOR DISCOVERY SUCCESSOR-IN-INTEREST, BY RESTRUCTURING AND INSPECTION OF BILLS AND/OR MERGER, TO 250 BROADWAY : ASSOCIATES CORP., : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., Defendant. ________________________________________________________________________ PLEASE TAKE NOTICE, that the plaintiff is hereby requested to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: Each and every bill, invoice, receipt, statement of account or itemized charge received by the plaintiff or anyone on their behalf pertaining to the damages claimed in this lawsuit. Each and every calculation of damage, including identification of costs such as materials, labor, or replacement information. Each and every documents relied upon in order to determine plaintiff's alleged damages. A copy of plaintiff's insurance policy. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the above demands, defendant will move this court, at or before the trialof this action, to preclude the plaintiff from: offering any evidence of the conditions described in the reports or records demanded; offering in evidence any part of the hospital records, medical reports and records, x-ray reports or reports of 4844-2880-2757.1 9 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 other technicians not made available pursuant to applicable rules; and offering any testimony of any physicians whose medical reports have not been served pursuant to the above demands. PLEASE TAKE FURTHER NOTICE that the above demand are continuing demands and all responsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely fashion. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattfety f Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21" 77 Water Street, Floor New York, New York 10005 (212) 232-1300 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 10 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ x Index No.: 154039/2020E ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : SUCCESSOR-IN-INTEREST, BY RESTRUCTURING DEMAND FOR THE AND/OR MERGER, TO 250 BROADWAY : NAMES AND ADDRESSES ASSOCIATES CORP., OF ALL WITNESSES : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., : Defendant. ------------------------------------------------------------------------ X PLEASE TAKE NOTICE that defendants, by their attorneys, LEWIS BRISBOIS BISGAARD & SMITH LLP hereby demands, pursuant to CPLR Section 3101(a), that the plaintiff provide to said attorneys at 77 Water Street, Suite 2100, New York, NY 10005, in writing and under oath, within thirty (30) days of the service of this demand, the name(s) and address(es) of each person known and/or claimed by the plaintiff to be a witness to any of the following: (a) The occurrence alleged in the complaint; (b) Any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; (c) Any actual notice allegedly given to defendants or their agents, servants or employees, of any condition(s) which allegedly caused the occurrence alleged in the complaint; (d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint; (e) The alleged injuries, losses and/or damages. PLEASE TAKE FURTHER NOTICE that ifno such witness(es) is/are known or claimed to/by the party/parties you represent, so state in a sworn reply to the above demands. 4844-2880-2757.1 11 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 PLEASE TAKE FURTHER NOTICE that the undersigned will object upon trial of this action to the testimony of any witness(es) not identified in response to the above demands. PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands, and allresponsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely fashion. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattfety f Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21" 77 Water Street, Floor New York, New York 10005 (212) 232-1300 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 12 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ x Index No.: 154039/2020E ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE TO PRODUCE SUCCESSOR-IN-INTEREST, BY RESTRUCTURING STATEMENT OF AND/OR MERGER, TO 250 BROADWAY : PARTY PURSUANT TO ASSOCIATES CORP., CPLR § 3101(e) and 3120 : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., Defendant. ------------------------------------------------------------------------ X PLEASE TAKE NOTICE that defendants, by their attorneys, LEWIS BRISBOIS BISGAARD & SMITH LLP hereby demands, pursuant to CPLR Sections 3101(e) and 3120, that the said attorneys be provided at 77 Water Street, Suite 2100, New York, NY 10005, with true and accurate copies of all statements, signed or unsigned, recorded on tape electronically or otherwise, made by defendant, or their agents, servants and/or employees, taken by, or on behalf of, or in the possession of, any of the other parties to this action or their respective attorneys. PLEASE TAKE FURTHER NOTICE that if there are no such statements, please so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE that default in complying with this demand within thirty (30) days of the date of service hereof will serve as a basis for objection by the undersigned attorneys to the use of any such statement upon the trial of this action. 4844-2880-2757.1 13 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands and all responsive information that is made known or becomes available after service of the above demands shall be furnished to the undersigned in a timely fashion. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattKesef Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21" 77 Water Street, Floor New York, New York 10005 (212) 232-1300 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 14 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ x Index No.: 154039/2020E ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : DEMAND FOR SUCCESSOR-IN-INTEREST, BY RESTRUCTURING PHOTOGRAPHS/ AND/OR MERGER, TO 250 BROADWAY : VIDEOTAPES ASSOCIATES CORP., : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., : Defendant. ------------------------------------------------------------------------ X C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR §3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46 App. Div. 581; Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc., 266 N.Y.S.2d 453, the undersigned demands that you serve upon them, within twenty (20) days of the service of this demand, the following: 1. Photographs of the scene of the incident which is the subject to this litigation. 2. Photographs of the instrumentalities involved in such litigation. 3. Photographs that are claimed to demonstrate the damages allegedly sustained. 4. Videotapes, films, etc. pertaining to the demands in 1-3 above. 4844-2880-2757.1 15 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 PLEASE TAKE FURTHER NOTICE that your failure to comply with the foregoing demand will serve as the basis of a motion seeking, in whole or in part, an order precluding the plaintiff, from introducing into evidence and for otherwise using the above demanded items for any purpose whatsoever upon the trialof this action. Dated: New York, New York July 29, 2020 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: fattfeve f Geter Matthew P. Cueter Attorneys for Defendant EAST COAST MECHANICAL CONTRACTING CORP. 21st 77 Water Street, Floor New York, New York 10005 (212) 232-1300 File No.: 42714.59 TO: David S. Huberman WHITE AND WILLIAMS LLP Attorney for Plaintiff Zurich American Insurance Company a/s/o 250 Broadway Associates Corp. and 250 Broadway Owner LLC, As the Successor-In-Interest, by restructuring and/or merger, to 250 Broadway Associates Corp 1650 Market Street Philadelphia, PA 19102 (215) 864-6344 Huberman@whiteandwilliams.com 4844-2880-2757.1 16 of 27 FILED: NEW YORK COUNTY CLERK 07/30/2020 01:22 PM INDEX NO. 154039/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ x Index No.: 154039/2020E ZURICH AMERICAN INSURANCE COMPANY AS : SUBROGEE OF 250 BROADWAY ASSOCIATES CORP. AND 250 BROADWAY OWNER LLC, AS THE : NOTICE FOR DISCOVERY SUCCESSOR-IN-INTEREST, BY RESTRUCTURING AND INSPECTION OF AND/OR MERGER, TO 250 BROADWAY : DOCUMENTS ASSOCIATES CORP., : Plaintiff, : -against- EAST COAST MECHANICAL CONTRACTING CORP., : Defendant. ------------------------------------------------------------------------ X PLEASE TAKE NOTICE, that all parties are required pursuant to the CPLR to produce for discovery and inspection within twenty (20) days after receipt of this notice, at the offices of the undersigned, the following: 1. Provide with respect to the claimed loss: a. Copies of all contracts and/or agreements entered into in connection with the construction, repair and maintenance as alleged in the Complaint; b. All contracts and/or agreements referred to in the Complaint or any cross-claims; c. All construction, repair, maintenance and/or service agreements regarding the repair of the damages alleged in the Complaint; d. Copies of all policies of insurance applicable to the above entitled action; e. A list of all persons, agents, employees, personnel of the parties including the carriers, any contractor, engineer, architect or other representative, agents or employee who was at the subject location on the date of loss, or thereafter to inspect, repair observer the claimed damages; 4844-2880-2757.1 17 of 27 FILED: NEW YORK COUNTY