Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_________________________________________ - --------------X
YVETTE MCCLAMB, Index No. 154374/2018
(ECF)
Plaintiff,
v.
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST
NEW YORK RESTORATION OF CT, INC.,
Defendants.
------- ------------------ --- x
DEMAND FOR ECONOMIST/ACTUARY INFORMATION
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to Section 3101(d) of the CPLR, Plaintiff
Yvette McClamb is hereby required to produce and permit Cross-Claimant-Defendant West New
York Restoration of CT, Inc. and its attorneys to inspect and copy the following
items/information within thirty (30) days.
1. The name of each economist/actuary who you expect to call as an expert witness
at trial.
2. Disclose in reasonable detail the qualification of each such expert witness.
3. Disclose in reasonable detail the substance of the facts and opinions on which
each expert economist/actuary is expected to testify: including:
(a) a description in reasonable detail of the substance of the losses for which
such calculations will be made with regard to:
(i) Present value of net (after tax) and gross future loss earnings;
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(ii) Present value of future medical expenses (by item);
(iii) Present value of any other future monetary sums (please identify);
(b) The undiscounted amount of such loss;
(c) The present value of such loss;
(d) The discounted rate (broken down by presumed inflation rate and
presumed rate of return specifying the investment instrument) applied by such person to
determine present value and reason for such rates;
(e) The number of years involved in the discounting process and the opinion
and facts on which the economist bases the determination of that number of years;
(f) The rate of inflation applied by each person in computing the values
indicated in items 3(a) above;
(g) With regard to growth of future income of an annual or other basis at a
projected rate of income greater than the income earned by each plaintiff when last employed,
state in reasonable detail the growth rate for such income as estimated by such person and the
opinions and facts on which that estimated is based;
(h) State in reasonable detail each factor other than those which have been
noted above, which the economist/actuary has used in calculating the net amount of the present
value of the loss;
(i) With regard to information secured from any test, publication, graph,
chart, index or study upon which the expert relied in reaching his/her conclusions, describe or
designate such items in writing with reasonable specificity to permit its identification and
location by the undersigned party;
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(j) The present value from projected income stream allocated to personal
consumption of each plaintiff; and
(k) Each plaintiff's current Federal tax bracket.
4. Disclose in reasonable detail a summary of the mathematical calculations
involved in deriving the expert's conclusion.
5. Please produce for discovery and inspection at the office of the undersigned
within thirty (30) days after service of this demand a copy of the report(s) of the
economist/actuary.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Failure to
comply with this notice in a timely manner shall be grounds for precluding the testimony of any
expert witness who name and expected testimony is not disclosed, and/or such other relief as the
Court deems just under the circumstances.
Dated: January 2, 2019
New York, New York
Yours, etc.,
Scott H. Bernstein, Esq.
STRADLEY RONON STEVENS & YOUNG, LLP
ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT,
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
Telephone: (212) 812-4132
Facsimile: (646) 682-7180
Sbernstein@stradley.com
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TO:
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB
Jeremy A. Hellman, Esq.
551 Fifth Avenue, 29th Floor
New York, New York 10176
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
RNC INDUSTRIES, LLC
Kenneth J. Kutner, Esq.
60 Broad Street, Suite 3600A
New York, New York 10004
MARGARET G. KLEIN & ASSOCIATES
ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS
KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
200 Madison Avenue, 2nd Floor
New York, New York 10016
DEVITT SPELLMAN BARRETT, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
HOUSING PARTNERSHIP DEVELOPMENT CORPORATIOÑ
Kelly E. Wright, Esq.
50 Route 11, Suite 314
Smithtown, New York 11787
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 154374/2018
YVETTE MCCLAMB,
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST NEW
YORK RESTORATION OF CT, INC.,
Defendants.
DEMAND FOR ECONOMIST/ACTUARY INFORMATION
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124 (telephone)
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained
in the annexed document are not frivolous.
Dated:
January __4 2019 Signature:
Scott H. Bernstein
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Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _________________________________________ - --------------X YVETTE MCCLAMB, Index No. 154374/2018 (ECF) Plaintiff, v. HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. ------- ------------------ --- x DEMAND FOR ECONOMIST/ACTUARY INFORMATION COUNSELORS: PLEASE TAKE NOTICE that, pursuant to Section 3101(d) of the CPLR, Plaintiff Yvette McClamb is hereby required to produce and permit Cross-Claimant-Defendant West New York Restoration of CT, Inc. and its attorneys to inspect and copy the following items/information within thirty (30) days. 1. The name of each economist/actuary who you expect to call as an expert witness at trial. 2. Disclose in reasonable detail the qualification of each such expert witness. 3. Disclose in reasonable detail the substance of the facts and opinions on which each expert economist/actuary is expected to testify: including: (a) a description in reasonable detail of the substance of the losses for which such calculations will be made with regard to: (i) Present value of net (after tax) and gross future loss earnings; # 3766749 v. 2 1 of 5 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019 (ii) Present value of future medical expenses (by item); (iii) Present value of any other future monetary sums (please identify); (b) The undiscounted amount of such loss; (c) The present value of such loss; (d) The discounted rate (broken down by presumed inflation rate and presumed rate of return specifying the investment instrument) applied by such person to determine present value and reason for such rates; (e) The number of years involved in the discounting process and the opinion and facts on which the economist bases the determination of that number of years; (f) The rate of inflation applied by each person in computing the values indicated in items 3(a) above; (g) With regard to growth of future income of an annual or other basis at a projected rate of income greater than the income earned by each plaintiff when last employed, state in reasonable detail the growth rate for such income as estimated by such person and the opinions and facts on which that estimated is based; (h) State in reasonable detail each factor other than those which have been noted above, which the economist/actuary has used in calculating the net amount of the present value of the loss; (i) With regard to information secured from any test, publication, graph, chart, index or study upon which the expert relied in reaching his/her conclusions, describe or designate such items in writing with reasonable specificity to permit its identification and location by the undersigned party; 2 # 3766749 v. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019 (j) The present value from projected income stream allocated to personal consumption of each plaintiff; and (k) Each plaintiff's current Federal tax bracket. 4. Disclose in reasonable detail a summary of the mathematical calculations involved in deriving the expert's conclusion. 5. Please produce for discovery and inspection at the office of the undersigned within thirty (30) days after service of this demand a copy of the report(s) of the economist/actuary. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Failure to comply with this notice in a timely manner shall be grounds for precluding the testimony of any expert witness who name and expected testimony is not disclosed, and/or such other relief as the Court deems just under the circumstances. Dated: January 2, 2019 New York, New York Yours, etc., Scott H. Bernstein, Esq. STRADLEY RONON STEVENS & YOUNG, LLP ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT, WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 Telephone: (212) 812-4132 Facsimile: (646) 682-7180 Sbernstein@stradley.com 3 # 3766749 v. 2 3 of 5 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019 TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB Jeremy A. Hellman, Esq. 551 Fifth Avenue, 29th Floor New York, New York 10176 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT RNC INDUSTRIES, LLC Kenneth J. Kutner, Esq. 60 Broad Street, Suite 3600A New York, New York 10004 MARGARET G. KLEIN & ASSOCIATES ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 200 Madison Avenue, 2nd Floor New York, New York 10016 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT HOUSING PARTNERSHIP DEVELOPMENT CORPORATIOÑ Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 4 # 3766749 v. 2 4 of 5 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 154374/2018 YVETTE MCCLAMB, Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. DEMAND FOR ECONOMIST/ACTUARY INFORMATION STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 (telephone) Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: January __4 2019 Signature: Scott H. Bernstein 5 of 5