Preview
INDEX NO. 157976/2015
FILED: NEW YORK COUNTY CLERK 1072972015 11:53 AM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eis ea ae eet cece cs onto aewannaean ee eee eee
MARIA KLEE,
Plaintiff, Index No. 157976/15
-against- DEMAND FOR DISCOVERY
AND INSPECTION
HESS CORPORATION, and SNOOK-9 REALTY, INC.,
Defendants.
sebansccetousbiecn ait t steer Se Sess aaa ne aera eee ONG
Plaintiff ELI TABAK, (“plaintiff”) hereby demands via the enclosed Requests for
Production, Set One, that Defendants, HESS CORPORATION, and SNOOK-9
REALTY, INC., (“defendants”) produce the documents demanded at the Law Offices of
Israel & Lipsky within the time permitted by the CPLR.
Responding party may comply with the within demands by either presenting
original documents for inspection and copying per the CPLR, or by supplying complete,
unredacted and legible copies thereof for propounding party to maintain in its own file.
It should be understood that the following definitions apply to the within requests,
and that each word defined shall appear in capital letters. As such, responding party must
respond to each question containing a word in capital letters with the understanding that
each such word carries the meaning given to it herein.
DEFINITIONS
1 As used herein, the term “DOCUMENTS” refers to all written, typed or other graphic
material of any kind or nature or any other tangible thing by which information or data is
stored, including, without limitation, any writing, drawing, film, graph, chart, photograph,
phone record, mechanical or electrical recording, or transcript thereof, any retrievable data,
whether in computer storage, carded, punched, taped, quoted, or stored, electrostatically,
electromagnetically, or otherwise, and any other data compilation that can be obtained.
Without limiting the generality of the foregoing, the term “DOCUMENTS” shall include,
but not be limited to, all contracts, forms, correspondence, letters, telegram messages, phone
messages, telephone statements or bills, checks, notices, notes of conversations, memoranda
(whether inter-office or otherwise), reports, diaries, minutes, recitals, statements, work
sheets, abstracts, resumes, summaries, notes, filings, jottings, books, journals, ledgers, audits,
maps, charts, diagrams, drafts, newspapers, appointment books, desk calendars, expense
reports, tape recordings, video recordings, e-mail messages, agreements, appraisals, financial
statements, calendars, analysis or any other tangible writing, including all partial and/or
complete copies, drafts and final versions thereof, and attachments or enclosures therewith;
2 As used herein, the term “YOU” or “YOUR(S)” refers to the defendants herein,
HESS CORPORATION, and SNOOK-9 REALTY, INC., including their employees,
agents, representatives and assigns;
3 As used herein, the term “PLAINTIFF” refers to the PLAINTIFF herein, including
her representatives and agents;
4
As used herein, the term “INCIDENT” refers to the May 7, 2013 fall at the
Defendants’ property described in the Complaint which caused PLAINTIFF’S injuries
underlying this litigation;
5 The term “IDENTIFY,” when used in reference to DOCUMENTS, means to
describe the DOCUMENTS by author, recipient or intended recipient, date of creation and
date of delivery or service, and to state the quantity of such DOCUMENTS and to provide
legible copies of all DOCUMENTS;
6 The term “IDENTIFY,” when used in reference to people, means to list the name,
address, and telephone number of the PERSON;
7 The term “THE PROPERTY” or “PROPERTY” refers to the Hess Gas Station
located at 480 Rt. 9 in Fishkill, Dutchess County, New York including the driveways,
roadways, asphalt surfaces and parking spaces;
8 The term “THE LOCATION” refers to the specific location on THE PROPERTY
where PLAINTIFF alleges she fell on the date of the INCIDENT, i.e., the hole described
in Plaintiff's Verified Bill of Particulars and illustrated on photographs attached to
Plaintiff's Response to Defendant’s Demands for D&I dated October 1, 2015;
9 The term “THIRD PARTY” refers to any individual, business or corporate entity,
or other private entity, whether a party to this litigation or not a party to this litigation;
10. The term “REGARDING” shall be understood to carry its general English mean-
ings, such as “relating to, 7, evidencing,” “displaying, 2 «6, ‘concerning, 2 «6, about” and “on the
subject of’;
11. The plural of any word used herein shall be understood to include the singular, and
the singular to include the plural;
12. If YOUR answer is qualified in any manner, please set forth the exact nature and
extent of the qualification;
13. If YOU assert a privilege in response to any of the following discovery requests,
state in a privilege log the nature of the privilege(s) asserted, specify the ground(s)
therefore, and provide all information responsive to the request or interrogatory that does
not fall within YOUR claim of privilege. If an objection other than a claim of privilege is
made in response to part of any request or interrogatory, specify the part of the request or
interrogatory to which the objection applies.
PRODUCTION DEMANDS
1 IDENTIFY all correspondence between YOU and any THIRD PARTY
REGARDING the INCIDENT, except correspondence between YOU and YOUR attorney
in this matter.
2. IDENTIFY all DOCUMENTS in YOUR possession memorializing any
agreement YOU made with any THIRD PARTY for said THIRD PARTY to maintain THE
PROPERTY during the three (3) years prior to the INCIDENT.
3 IDENTIFY all DOCUMENTS in YOUR possession memorializing any
agreement YOU made with any THIRD PARTY for said THIRD PARTY to make repairs
to THE LOCATION in any fashion during the three (3) years prior to the INCIDENT.
4 IDENTIFY all contracts or other agreements YOU entered with any THIRD
PARTY or said THIRD PARTY to pave or resurface or to patch any holes on the
PROPERTY or on the LOCATION, which occurred during the three (3) years prior to the
INCIDENT.
5) IDENTIFY all DOCUMENTS in YOUR possession memorializing any
agreement to provide temporary or permanent lighting in the area of the LOCATION
within three (3) years of the INCIDENT.
6 IDENTIFY all DOCUMENTS memorializing or REGARDING the
INCIDENT.
7. IDENTIFY all DOCUMENTS memorializing claims or complaints made
to YOU REGARDING some THIRD PARTY having fallen at or near THE LOCATION
during the three (3) years prior to the INCIDENT.
8 IDENTIFY all DOCUMENTS memorializing claims or complaints made
to YOU REGARDING some THIRD PARTY having been injured at or within fifty yards
of THE LOCATION during the three (3) years prior to the INCIDENT.
9. IDENTIFY all DOCUMENTS in YOUR possession which YOU claim
support a contention that PLAINTIFF was responsible for PLAINTIFF’s injuries.
10. IDENTIFY all DOCUMENTS in YOUR possession which support a
contention that any person or entity other than YOU or PLAINTIFF was responsible for
PLAINTIFF’s injuries.
11. IDENTIFY all DOCUMENTS memorializing claims or complaints made
to YOU REGARDING the existence of a hole at or within fifty yards of THE LOCATION
during the three (3) years prior to the INCIDENT.
12. IDENTIFY and provide the job description of all employees of Defendant
HESS who worked at the PROPERTY the day of the INCIDENT and within seven days
prior to the INCIDENT.
13. IDENTIFY all of YOUR employees known to be on the PROPERTY on the
day of the INCIDENT.
14. IDENTIFY all reports or DOCUMENTS in YOUR possession of safety or
quality control of individuals who visited the PROPERTY within two years prior to the
INCIDENT that relate to the condition of the PROPERTY’s driving and parking surfaces.
15; IDENTIFY and provide the job description of all employees of Defendant
HESS who were on the PROPERTY at the time of the INCIDENT.
16. Provide every manual, handbook or DOCUMENT of any kind that existed
on the date of the INCIDENT that described procedures to be followed by employees or
representatives of defendant HESS when a pothole, or hole of any kind, is found on the
PROPERTY.
17. Copies of all contracts, agreements, memoranda, or other documents
containing an agreement or understanding that in the event the defendant is held liable for
any injury sustained by the plaintiff, said defendant will be relieved of all or part of the
liability by indemnification or contribution from a nonparty to this action.
18. Any and all statements, abstracts of recordings and/or writings taken by
YOU from the plaintiff with reference to the within litigation which are presently in the
possession of the defendant, its agents, or attorneys.
19. IDENTIFY all contracts of insurance coverage in effect at the time of the
incident that would afford primary insurance coverage or excess insurance coverage for
YOU.
PHOTOGRAPHS, FILMS AND/OR VIDEOTAPES
1 IDENTIFY and provide color copies of all photographs, films, and/or
videotapes which are in your possession of THE LOCATION which were taken during the
three (3) years prior to the INCIDENT.
2, IDENTIFY and provide copies of all exterior photographs taken of THE
PROPERTY, taken prior to the INCIDENT, which shows light poles or other light fixtures
that were in existence on the date of the INCIDENT that illuminated the LOCATION.
3 IDENTIFY and provide copies of all exterior photographs taken of THE
LOCATION, taken at any time prior to the INCIDENT, which shows light poles or other
light fixtures that were in existence at the time of the INCIDENT.
4. IDENTIFY and provide copies of all photographs, films and/or videotapes
taken of the plaintiff which are in your possession, custody and control of any party that you
represent in this action, if such photographs, films and/ or videotapes in an manner bears
upon the issues in this action.
DEMAND FOR EXPERT WITNESS INFORMATION
1 Identify with specificity the name and address of each expert witness that
the defendant intends to call at the time of trial.
2 State with specificity the qualifications of each expert witness that the
defendant intends to call at the time of trial.
3 State with specificity the subject matter in reasonable detail upon which
the expert is expected to testify at time of trial.
4 Provide the facts and opinions upon which the expert is expected to
testify.
5 State when the defendant retained the expert.
6 Provide a summary of the grounds of each expert’s opinion.
7 State whether said expert has previously testified for your law firm in
other litigation. If so, provide the case name and index number.
DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to the
CPLR 3101(a), that you set forth in writing and under oath, within (20) days of the
service of this demand upon you, the name and address of each person known, by any
party you represent, to be a witness to any of the following:
1 The INCIDENT;
2 Any of the allegations described in the Complaint.
PLEASE TAKE FURTHER NOTICE that upon your failure to produce the
aforesaid items at the time and place required in the notice, the plaintiff will apply to the
court to compel compliance herewith and for appropriate sanctions.
PLEASE TAKE FURTHER notice that the within demands are continuing
demands. In the event that any of the above items is obtained after the service of this
demand, they are to be furnished to the undersigned pursuant to these demands.
DATED: October 28, 2015
Spring Valley, New York
dj
LAW OFFIC. SO ISRAEL & LIPSKY
Attorne! for P tiffs
BY: ROBERT C. LIPSKY
MARIA KLEE
2 Perlman Drive, Suite 301
Spring Valley, New York 10977
(845) 356-5500
TO:
Gottlieb, Siegel & Schwartz, LLP
Attorneys for Defendants
207 East 94" St.
New York, New York 10128
(646) 449-8141
Your File No.: 3500-09
Preview
INDEX NO. 157976/2015 FILED: NEW YORK COUNTY CLERK 1072972015 11:53 AM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/29/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eis ea ae eet cece cs onto aewannaean ee eee eee MARIA KLEE, Plaintiff, Index No. 157976/15 -against- DEMAND FOR DISCOVERY AND INSPECTION HESS CORPORATION, and SNOOK-9 REALTY, INC., Defendants. sebansccetousbiecn ait t steer Se Sess aaa ne aera eee ONG Plaintiff ELI TABAK, (“plaintiff”) hereby demands via the enclosed Requests for Production, Set One, that Defendants, HESS CORPORATION, and SNOOK-9 REALTY, INC., (“defendants”) produce the documents demanded at the Law Offices of Israel & Lipsky within the time permitted by the CPLR. Responding party may comply with the within demands by either presenting original documents for inspection and copying per the CPLR, or by supplying complete, unredacted and legible copies thereof for propounding party to maintain in its own file. It should be understood that the following definitions apply to the within requests, and that each word defined shall appear in capital letters. As such, responding party must respond to each question containing a word in capital letters with the understanding that each such word carries the meaning given to it herein. DEFINITIONS 1 As used herein, the term “DOCUMENTS” refers to all written, typed or other graphic material of any kind or nature or any other tangible thing by which information or data is stored, including, without limitation, any writing, drawing, film, graph, chart, photograph, phone record, mechanical or electrical recording, or transcript thereof, any retrievable data, whether in computer storage, carded, punched, taped, quoted, or stored, electrostatically, electromagnetically, or otherwise, and any other data compilation that can be obtained. Without limiting the generality of the foregoing, the term “DOCUMENTS” shall include, but not be limited to, all contracts, forms, correspondence, letters, telegram messages, phone messages, telephone statements or bills, checks, notices, notes of conversations, memoranda (whether inter-office or otherwise), reports, diaries, minutes, recitals, statements, work sheets, abstracts, resumes, summaries, notes, filings, jottings, books, journals, ledgers, audits, maps, charts, diagrams, drafts, newspapers, appointment books, desk calendars, expense reports, tape recordings, video recordings, e-mail messages, agreements, appraisals, financial statements, calendars, analysis or any other tangible writing, including all partial and/or complete copies, drafts and final versions thereof, and attachments or enclosures therewith; 2 As used herein, the term “YOU” or “YOUR(S)” refers to the defendants herein, HESS CORPORATION, and SNOOK-9 REALTY, INC., including their employees, agents, representatives and assigns; 3 As used herein, the term “PLAINTIFF” refers to the PLAINTIFF herein, including her representatives and agents; 4 As used herein, the term “INCIDENT” refers to the May 7, 2013 fall at the Defendants’ property described in the Complaint which caused PLAINTIFF’S injuries underlying this litigation; 5 The term “IDENTIFY,” when used in reference to DOCUMENTS, means to describe the DOCUMENTS by author, recipient or intended recipient, date of creation and date of delivery or service, and to state the quantity of such DOCUMENTS and to provide legible copies of all DOCUMENTS; 6 The term “IDENTIFY,” when used in reference to people, means to list the name, address, and telephone number of the PERSON; 7 The term “THE PROPERTY” or “PROPERTY” refers to the Hess Gas Station located at 480 Rt. 9 in Fishkill, Dutchess County, New York including the driveways, roadways, asphalt surfaces and parking spaces; 8 The term “THE LOCATION” refers to the specific location on THE PROPERTY where PLAINTIFF alleges she fell on the date of the INCIDENT, i.e., the hole described in Plaintiff's Verified Bill of Particulars and illustrated on photographs attached to Plaintiff's Response to Defendant’s Demands for D&I dated October 1, 2015; 9 The term “THIRD PARTY” refers to any individual, business or corporate entity, or other private entity, whether a party to this litigation or not a party to this litigation; 10. The term “REGARDING” shall be understood to carry its general English mean- ings, such as “relating to, 7, evidencing,” “displaying, 2 «6, ‘concerning, 2 «6, about” and “on the subject of’; 11. The plural of any word used herein shall be understood to include the singular, and the singular to include the plural; 12. If YOUR answer is qualified in any manner, please set forth the exact nature and extent of the qualification; 13. If YOU assert a privilege in response to any of the following discovery requests, state in a privilege log the nature of the privilege(s) asserted, specify the ground(s) therefore, and provide all information responsive to the request or interrogatory that does not fall within YOUR claim of privilege. If an objection other than a claim of privilege is made in response to part of any request or interrogatory, specify the part of the request or interrogatory to which the objection applies. PRODUCTION DEMANDS 1 IDENTIFY all correspondence between YOU and any THIRD PARTY REGARDING the INCIDENT, except correspondence between YOU and YOUR attorney in this matter. 2. IDENTIFY all DOCUMENTS in YOUR possession memorializing any agreement YOU made with any THIRD PARTY for said THIRD PARTY to maintain THE PROPERTY during the three (3) years prior to the INCIDENT. 3 IDENTIFY all DOCUMENTS in YOUR possession memorializing any agreement YOU made with any THIRD PARTY for said THIRD PARTY to make repairs to THE LOCATION in any fashion during the three (3) years prior to the INCIDENT. 4 IDENTIFY all contracts or other agreements YOU entered with any THIRD PARTY or said THIRD PARTY to pave or resurface or to patch any holes on the PROPERTY or on the LOCATION, which occurred during the three (3) years prior to the INCIDENT. 5) IDENTIFY all DOCUMENTS in YOUR possession memorializing any agreement to provide temporary or permanent lighting in the area of the LOCATION within three (3) years of the INCIDENT. 6 IDENTIFY all DOCUMENTS memorializing or REGARDING the INCIDENT. 7. IDENTIFY all DOCUMENTS memorializing claims or complaints made to YOU REGARDING some THIRD PARTY having fallen at or near THE LOCATION during the three (3) years prior to the INCIDENT. 8 IDENTIFY all DOCUMENTS memorializing claims or complaints made to YOU REGARDING some THIRD PARTY having been injured at or within fifty yards of THE LOCATION during the three (3) years prior to the INCIDENT. 9. IDENTIFY all DOCUMENTS in YOUR possession which YOU claim support a contention that PLAINTIFF was responsible for PLAINTIFF’s injuries. 10. IDENTIFY all DOCUMENTS in YOUR possession which support a contention that any person or entity other than YOU or PLAINTIFF was responsible for PLAINTIFF’s injuries. 11. IDENTIFY all DOCUMENTS memorializing claims or complaints made to YOU REGARDING the existence of a hole at or within fifty yards of THE LOCATION during the three (3) years prior to the INCIDENT. 12. IDENTIFY and provide the job description of all employees of Defendant HESS who worked at the PROPERTY the day of the INCIDENT and within seven days prior to the INCIDENT. 13. IDENTIFY all of YOUR employees known to be on the PROPERTY on the day of the INCIDENT. 14. IDENTIFY all reports or DOCUMENTS in YOUR possession of safety or quality control of individuals who visited the PROPERTY within two years prior to the INCIDENT that relate to the condition of the PROPERTY’s driving and parking surfaces. 15; IDENTIFY and provide the job description of all employees of Defendant HESS who were on the PROPERTY at the time of the INCIDENT. 16. Provide every manual, handbook or DOCUMENT of any kind that existed on the date of the INCIDENT that described procedures to be followed by employees or representatives of defendant HESS when a pothole, or hole of any kind, is found on the PROPERTY. 17. Copies of all contracts, agreements, memoranda, or other documents containing an agreement or understanding that in the event the defendant is held liable for any injury sustained by the plaintiff, said defendant will be relieved of all or part of the liability by indemnification or contribution from a nonparty to this action. 18. Any and all statements, abstracts of recordings and/or writings taken by YOU from the plaintiff with reference to the within litigation which are presently in the possession of the defendant, its agents, or attorneys. 19. IDENTIFY all contracts of insurance coverage in effect at the time of the incident that would afford primary insurance coverage or excess insurance coverage for YOU. PHOTOGRAPHS, FILMS AND/OR VIDEOTAPES 1 IDENTIFY and provide color copies of all photographs, films, and/or videotapes which are in your possession of THE LOCATION which were taken during the three (3) years prior to the INCIDENT. 2, IDENTIFY and provide copies of all exterior photographs taken of THE PROPERTY, taken prior to the INCIDENT, which shows light poles or other light fixtures that were in existence on the date of the INCIDENT that illuminated the LOCATION. 3 IDENTIFY and provide copies of all exterior photographs taken of THE LOCATION, taken at any time prior to the INCIDENT, which shows light poles or other light fixtures that were in existence at the time of the INCIDENT. 4. IDENTIFY and provide copies of all photographs, films and/or videotapes taken of the plaintiff which are in your possession, custody and control of any party that you represent in this action, if such photographs, films and/ or videotapes in an manner bears upon the issues in this action. DEMAND FOR EXPERT WITNESS INFORMATION 1 Identify with specificity the name and address of each expert witness that the defendant intends to call at the time of trial. 2 State with specificity the qualifications of each expert witness that the defendant intends to call at the time of trial. 3 State with specificity the subject matter in reasonable detail upon which the expert is expected to testify at time of trial. 4 Provide the facts and opinions upon which the expert is expected to testify. 5 State when the defendant retained the expert. 6 Provide a summary of the grounds of each expert’s opinion. 7 State whether said expert has previously testified for your law firm in other litigation. If so, provide the case name and index number. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to the CPLR 3101(a), that you set forth in writing and under oath, within (20) days of the service of this demand upon you, the name and address of each person known, by any party you represent, to be a witness to any of the following: 1 The INCIDENT; 2 Any of the allegations described in the Complaint. PLEASE TAKE FURTHER NOTICE that upon your failure to produce the aforesaid items at the time and place required in the notice, the plaintiff will apply to the court to compel compliance herewith and for appropriate sanctions. PLEASE TAKE FURTHER notice that the within demands are continuing demands. In the event that any of the above items is obtained after the service of this demand, they are to be furnished to the undersigned pursuant to these demands. DATED: October 28, 2015 Spring Valley, New York dj LAW OFFIC. SO ISRAEL & LIPSKY Attorne! for P tiffs BY: ROBERT C. LIPSKY MARIA KLEE 2 Perlman Drive, Suite 301 Spring Valley, New York 10977 (845) 356-5500 TO: Gottlieb, Siegel & Schwartz, LLP Attorneys for Defendants 207 East 94" St. New York, New York 10128 (646) 449-8141 Your File No.: 3500-09