Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 62 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 EMPLOYMENT RECORD AUTHORIZATIONS
COUNSELOR(S):
PLEASE TAKE NOTICE that, pursuant to CPLR Section 3120, demand is hereby
made of Plaintiff Yvette McClamb produce at the undersigned's office within thirty (30) days
after the date of service of this demand, the following items for discovery, inspection and
copying:
1. The names and addresses of allinstitutions, firms, corporations, partnerships,
persons or others by whom Plaintiff was employed by or from whom plaintiff received salary
and/or income benefits for the three (3) years prior to Plaintiff's injuries and for three (3) years
thereafter.
2. Duly executed authorizations to permit West New York Restoration of CT, Inc. to
obtain the employment records of the aforesaid with respect to Plaintiff s earnings, position, title,
working capacity, record of attendance, record of illness and employment status.
# 3766749 v. 2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/02/2019
3. In the event that Plaintiff was self-employed, an independent contractor,
employed by relatives or in the presence of any other special circumstances, it is demanded that
the plaintiff provide copies of all federal, state and city
income tax returns for the years specified
in items #1.
PLEASE TAKE FURTHER NOTICE that your failure to comply with this demand
will serve as the basis of a motion seeking an order, in whole or in part, precluding the Plaintiff
in the trial of this action form offering evidence as to lost wages/or income as a result of the
occurrence alleged in Plaintiff's Verified Complaint.
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
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
2
# 3766749 v. 2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/02/2019
MARGARET G. KLE1N & 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 CORPORATION
Kelly E. Wright, Esq.
50 Route 11, Suite 314
Smithtown, New York 11787
3
# 3766749 v. 2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 62 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 EMPLOYMENT RECORD AUTHORIZATION
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 iñforiñation and belief and reasonable inquiry, the coiitsi,ilores contained
in the annexed document are not frivolous.
Dated: January __h2019 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. 62 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 EMPLOYMENT RECORD AUTHORIZATIONS COUNSELOR(S): PLEASE TAKE NOTICE that, pursuant to CPLR Section 3120, demand is hereby made of Plaintiff Yvette McClamb produce at the undersigned's office within thirty (30) days after the date of service of this demand, the following items for discovery, inspection and copying: 1. The names and addresses of allinstitutions, firms, corporations, partnerships, persons or others by whom Plaintiff was employed by or from whom plaintiff received salary and/or income benefits for the three (3) years prior to Plaintiff's injuries and for three (3) years thereafter. 2. Duly executed authorizations to permit West New York Restoration of CT, Inc. to obtain the employment records of the aforesaid with respect to Plaintiff s earnings, position, title, working capacity, record of attendance, record of illness and employment status. # 3766749 v. 2 1 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/02/2019 3. In the event that Plaintiff was self-employed, an independent contractor, employed by relatives or in the presence of any other special circumstances, it is demanded that the plaintiff provide copies of all federal, state and city income tax returns for the years specified in items #1. PLEASE TAKE FURTHER NOTICE that your failure to comply with this demand will serve as the basis of a motion seeking an order, in whole or in part, precluding the Plaintiff in the trial of this action form offering evidence as to lost wages/or income as a result of the occurrence alleged in Plaintiff's Verified Complaint. 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 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 2 # 3766749 v. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/02/2019 MARGARET G. KLE1N & 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 CORPORATION Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 3 # 3766749 v. 2 3 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 62 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 EMPLOYMENT RECORD AUTHORIZATION 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 iñforiñation and belief and reasonable inquiry, the coiitsi,ilores contained in the annexed document are not frivolous. Dated: January __h2019 Signature: Scott H. Bernstein 4 of 4