Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 74 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 WITNESSES
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to CPLR Article 31, the undersigned hereby
demands that Plaintiff Yvette McClamb and Defendants, Housing Partnership Development
Corporation, Kalahari Condominium, the Board of Managers of Kalahari Condominium,
Wallack Managemêñt Co., Inc. and RNC Industries, LLC, set forth in writing the names and
addresses of the following individuals:
1. All eyewitnesses to the occurrence alleged in the Complaint. Zellman v.
Metronolitan, 45 A.D. 2d 610.
2. All occurrence witnesses. Zayas v. Morales. 45 A.D.2d 610.
3. All notice witnesses. Zayas, supra.
4. All admission witnesses. Wolf v. Davis, 108 Misc. 2d 19.
5. All witnesses who will testify as to the alleged damages.
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 01/02/2019
PLEASE TAKE FURTHER NOTICE that if no such witness(es)
is/are known or
claimed to/by
the party
you represent, so state in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to
the testimony of any witnesses not so identified if a response to this demand is not made within
thirty (30) days of service hereof.
PLEASE TAKE FURTHER NOTICE that the above-demands are
continuing demands
and all responsive information that
subsequently is made known or becomes available shall be
furnished to the undersigned in a timely manner.
Dated: January 2, 2019
New York, New York
Yours, etc.,
Scott . Esq.
Bernstein,
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 stradle .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
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 01/02/2019
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 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. 74 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 WITNESSES
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 NYCRlil30-1.1, 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: , 2019 Signature:
January .. ..3
Scott H. Bernstein
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 74 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 WITNESSES COUNSELORS: PLEASE TAKE NOTICE that, pursuant to CPLR Article 31, the undersigned hereby demands that Plaintiff Yvette McClamb and Defendants, Housing Partnership Development Corporation, Kalahari Condominium, the Board of Managers of Kalahari Condominium, Wallack Managemêñt Co., Inc. and RNC Industries, LLC, set forth in writing the names and addresses of the following individuals: 1. All eyewitnesses to the occurrence alleged in the Complaint. Zellman v. Metronolitan, 45 A.D. 2d 610. 2. All occurrence witnesses. Zayas v. Morales. 45 A.D.2d 610. 3. All notice witnesses. Zayas, supra. 4. All admission witnesses. Wolf v. Davis, 108 Misc. 2d 19. 5. All witnesses who will testify as to the alleged damages. # 3766749 v. 2 1 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 01/02/2019 PLEASE TAKE FURTHER NOTICE that if no such witness(es) is/are known or claimed to/by the party you represent, so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to the testimony of any witnesses not so identified if a response to this demand is not made within thirty (30) days of service hereof. PLEASE TAKE FURTHER NOTICE that the above-demands are continuing demands and all responsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely manner. Dated: January 2, 2019 New York, New York Yours, etc., Scott . Esq. Bernstein, 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 stradle .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 ¹ 3766749 v. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 01/02/2019 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 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. 74 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 WITNESSES 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 NYCRlil30-1.1, 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: , 2019 Signature: January .. ..3 Scott H. Bernstein 4 of 4