Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 65 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 INFORMATION REGARDING BENEFIT PACKAGES
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3120, demand is hereby
made that 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 all institutions, firms, corporations, partnerships,
persons or others by whom Plaintiff was employed by or from 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 records of the aforesaid with respect to Plaintiff's earnings, position, title, working
capacity, record of attendance, record of illness and employment status.
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 isdemanded that
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 01/02/2019
such plaintiff provide copies of all federal and state income tax returns for the years specified in
items #1.
4. Copies of all contracts and/or collective bargaining agreements and union records
and other documentation to be relied upon in calculating lost earnings and benefits, together with
the identify and present address of those individuals who will testify as to same.
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
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.
2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 01/02/2019
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
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 65 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, KALAHAR1 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 INFORMATION REGARDING BENEFIT PACKAGES
STRADLEY RONON STEVENS & YOUNG, LLP
·
Attorneysfor 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 _R., 2019 Signature:
Scott H. Bemstein
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Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 65 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 INFORMATION REGARDING BENEFIT PACKAGES PLEASE TAKE NOTICE, that pursuant to CPLR Section 3120, demand is hereby made that 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 all institutions, firms, corporations, partnerships, persons or others by whom Plaintiff was employed by or from 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 records of the aforesaid with respect to Plaintiff's earnings, position, title, working capacity, record of attendance, record of illness and employment status. 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 isdemanded that # 3766749 v. 2 1 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 01/02/2019 such plaintiff provide copies of all federal and state income tax returns for the years specified in items #1. 4. Copies of all contracts and/or collective bargaining agreements and union records and other documentation to be relied upon in calculating lost earnings and benefits, together with the identify and present address of those individuals who will testify as to same. 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 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. 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. 65 RECEIVED NYSCEF: 01/02/2019 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. 65 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, KALAHAR1 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 INFORMATION REGARDING BENEFIT PACKAGES STRADLEY RONON STEVENS & YOUNG, LLP · Attorneysfor 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 _R., 2019 Signature: Scott H. Bemstein 4 of 4