On May 10, 2018 a
Motion-Secondary
was filed
involving a dispute between
Yvette Mcclamb,
and
Housing Partnership Development Corporation,
Kalahari Condominium,
Rnc Industries, Llc,
The Board Of Managers Of Kalahari Condominium,
Wallack Management Co., Inc.,
West New York Restoration Of Ct, Inc.,
for Torts - Other Negligence (Premises Trip and Fall)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 03/11/2019 02:48 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/11/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------- X
YVETTE MCCLAMB,
Index No.: 154374/2018
Plaintiff,
- against - RESPONSE TO
PRELIMINARY
HOUSING PARTNERSHIP DEVELOPMENT CONFERENCE ORDER
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.
-------------------X
The defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by
their attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for their response to the
Preliminary Conference Order dated February 21, 2019, hereby set forth as follows:
1. Accident Report: The defendants are not in possession of any accident reports.
2. Expert Witness: The defendants herein have not yet retained the services of an
expert witness to testify at the trial of this matter. If such expert witness is retained,
defendants will provide disclosure pursuant to CPLR 3101(d).
3. Insurance: This office has been advised that at the time of the occurrence as
alleged in the plaintiff's complaint, the defendants were insured by U.S. Specialty
Insurance Company under liability policy number U17PG30085-03 with a single liability
limit of $2,000,000.
4. Photographs: Defendants are not in possession of any surveillance films,
videotapes or photographs at this time other than those provided by counsel.
5. Statement: Defendants are not in possession of any adverse party statements.
6. Witnesses: Defêñdants are not aware of any witnesses to the accident herein.
1 of 2
FILED: NEW YORK COUNTY CLERK 03/11/2019 02:48 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/11/2019
Defendants hereby reserve the right to amend and/or supplement this response up to and
including the time of trial.
Dated: Smithtown, New York
March 11, 2019 Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
Our File No.: HC8645W9C [KEW/kh]
By:
KEL V E. WRIC
TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for PlaintryjF
29th
551 Fifth Avenue, Floor
New York, New York 10176
(212) 684-1880
MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM and
WALLACK MANAGEMENT CO., INC.
2nd
200 Madison Avenue, PlOor
New York, New York 10016
(646) 392-9250
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
Attorneys for Defendant
RNC INDUSTRIES, LLC
538 Broadhollow Road, Suite 200
Melville, New York 11747
(631) 414-7930
2 of 2
Document Filed Date
March 11, 2019
Case Filing Date
May 10, 2018
Category
Torts - Other Negligence (Premises Trip and Fall)
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FILED: NEW YORK COUNTY CLERK 03/11/2019 02:48 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------- X YVETTE MCCLAMB, Index No.: 154374/2018 Plaintiff, - against - RESPONSE TO PRELIMINARY HOUSING PARTNERSHIP DEVELOPMENT CONFERENCE ORDER 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. -------------------X The defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by their attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for their response to the Preliminary Conference Order dated February 21, 2019, hereby set forth as follows: 1. Accident Report: The defendants are not in possession of any accident reports. 2. Expert Witness: The defendants herein have not yet retained the services of an expert witness to testify at the trial of this matter. If such expert witness is retained, defendants will provide disclosure pursuant to CPLR 3101(d). 3. Insurance: This office has been advised that at the time of the occurrence as alleged in the plaintiff's complaint, the defendants were insured by U.S. Specialty Insurance Company under liability policy number U17PG30085-03 with a single liability limit of $2,000,000. 4. Photographs: Defendants are not in possession of any surveillance films, videotapes or photographs at this time other than those provided by counsel. 5. Statement: Defendants are not in possession of any adverse party statements. 6. Witnesses: Defêñdants are not aware of any witnesses to the accident herein. 1 of 2 FILED: NEW YORK COUNTY CLERK 03/11/2019 02:48 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 03/11/2019 Defendants hereby reserve the right to amend and/or supplement this response up to and including the time of trial. Dated: Smithtown, New York March 11, 2019 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 Our File No.: HC8645W9C [KEW/kh] By: KEL V E. WRIC TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for PlaintryjF 29th 551 Fifth Avenue, Floor New York, New York 10176 (212) 684-1880 MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. 2nd 200 Madison Avenue, PlOor New York, New York 10016 (646) 392-9250 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for Defendant RNC INDUSTRIES, LLC 538 Broadhollow Road, Suite 200 Melville, New York 11747 (631) 414-7930 2 of 2