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STATE OF NEW YORK
SUPREME COURT COUNTY OF COLUMBIA
~ ----X
KIMBERLEE J. HARMAN and
her husband KEVIN D. HARMAN Index # EF 2021-601
Plaintiffs, Hon. ADAM W. SILVERMAN
PLAINTIFFS’
COMBINED DISCOVERY
-against- DEMANDS
KAREN A. BALLANTINE,
ROGER D. BALLANTINE
Defendants.
wenn eee XK
Please take Notice, that pursuant to Article 31 of the Civil Practice Law and Rules of the
State of New York, the Plaintiffs Kimberlee J. Harman and her husband Kevin D. Harman, by
and through his attorney, Michael C. Howard Esq. P.C., hereby demands that the defendants
serve upon the undersigned within twenty (20) days after receipt of this demand, the following:
DEMAND FOR STATEMENTS
Copies of any statements, written or otherwise recorded of the plaintiffs concerning the
issues set forth in the plaintiffs’ complaint.
PLEASE TAKE FURTHER NOTICE, that if the aforesaid information is not furnished within the
specified time, either plaintiff will seek preclusion of the information at trial or a Motion to
Compel Discovery of the requested information will be made, together with the costs and
disbursements of the motion.
DEMAND FOR SURVEILLANCE TAPES, VIDEO TAPES, AUDIO TAPES, FILMS,
PHOTOGRAPHS, (including TRANSCRIPTS or MEMORANDA thereof) and WITNESSES
WHO HAVE KNOWLEDGE OF THE PLAINTIFF'S PHYSICAL CONDITION AND/OR
PHYSICAL ACTIVITIES1) Any and all surveillance tapes, video tapes, audio tapes, films, photographs taken of the
plaintiffs (including transcripts or memoranda thereof) and the names and addresses of
witnesses who have knowledge of the plaintiffs physical condition and/or physical activities in
the above action. There shall be disclosure of all portions of such material, including take-
outs, rather than only those portions a party intends to use.
2) Any and all photographs and or videotapes/digital recordings or depictions of any kind
that show or demonstrate the alleged injuries sustained by the plaintiff as a result of this
occurrence.
3) Any and all photographs and or videotapes/digital recordings or depictions of any kind
that show or depict the scene of the incident alleged in the plaintiff's complaint.
4) Any and all photographs of the subject vehicle.
AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall
be deemed to continue during the pending of this action, including the trial thereof.
UPON YOUR FAILURE TO FURNISH the requested information within the time
specified, or a statement setting forth that the information does not exist, a Motion will be made
compelling discovery and/or involving penalties for willful failure to disclose information,
application will be made to prohibit defendant's use of such material at trial and application will
be made for the costs and disbursements of such motion.
Plaintiff demands that the defendants supply the plaintiff with any photographs, digital
audio and or visual recordings, motion pictures, reports of the incident scene, and or the dogs
involved in the incident, that the defendants, his agents, or representatives have in their
possession. In addition any and all photographs, digital audio and or visual recordings, motion
pictures, and or reports of the plaintiff Kimberlee J. Harman after the date of the accident, until
the time of trial.
PLEASE TAKE FURTHER NOTICE, that if the aforesaid photographs are not furnished
within the specified time, either plaintiff will seek preclusion of the information at trial or a
Motion to Compel Discovery of the requested photographs will be made, together with the
costs and disbursements of the motion.DEMAND FOR EYEWITNESSES
Plaintiff demands that the defendants provide the following:
a) names and addresses of any eyewitnesses to the incident that is the subject matter of
this litigation, and a photocopy of any statement and or report made or given by an alleged
eyewitness, including any other element that reflects on any liability issue in this case.
b) names and addresses of any potential witnesses who can testify to notices and
conditions about which plaintiff complains.
c) names and addresses of witnesses to any admissions made by the said plaintiff to
anyone.
d) names and addresses of witnesses to any acts, omissions or conditions that allegedly
caused the occurrence alleged in the complaint.
e) names and addresses of witnesses to the nature and duration of any alleged condition
that allegedly caused the occurrence alleged in the complaint.
f) names and addresses of witnesses who have information pertaining to the physical
condition of the plaintiff prior to the occurrence alleged in the complaint.
g) The names and addresses of any witnesses who have information pertaining to the
physical condition of the plaintiff subsequent to the occurrence alleged in the complaint.
If no such witnesses are known, so state in the response to this demand. The
undersigned will object upon trial to the testimony of any witnesses whose identities are not
disclosed presently, or whose identity, if discovered in the future is not also disclosed at that
time.
UPON YOUR FAILURE TO FURNISH the requested information within the time
specified, or a statement setting forth that the information does not exist, either plaintiff will
seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and
Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to
disclose information, and application will be made for the costs of such motion.
INSURANCE COVERAGEPLEASE TAKE NOTICE, that pursuant to Section 3101 (f) of the CPLR, we hereby
demand that you furnish to the attorney for the plaintiff(s), within twenty (20) days of receipt of
this NOTICE:
1. The complete and full insurance agreement and or complete insurance policy and/or
agreements under which an insurer and/or insurers may be liable to satisfy part or all of the
judgment which may be entered in this above-entitled. action.
2. The complete name(s) and address(es) of the insurance company, their file, and/or policy
or claim number(s), the coverage amount and the name and address of the supervisor
of such file.
3. A statement as to whether or not there is any additional concurrent, excess, or umbrella
coverage. If there is such coverage, all information as to those policies is requested as
set out in number two (2) above, ie a complete photocopy of the umbrella policy is
demanded to be produced.
4. Where there is not coverage, a disclaimer, reservation of rights or any other condition(s)
pertaining to this coverage, this information must also be furnished.
AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall
be deemed to continue during the pending of this action, including the trial thereof.
UPON YOUR FAILURE TO FURNISH the requested information within the time
specified, or a statement setting forth that the information does not exist, either plaintiff will
seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and
Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to
disclose information, and application will be made for the costs of such motion.
ACCIDENT REPORTS
Plaintiff demands that the defendants supply any and all accident reports, including any
4department of Motor Vehicle from, including but not limited to any MV-104 form prepared by
the defendant, including but not limited to any accident/incident report for any insurance
company, including a copy of any and all statements, whether recorded electronically, or by
notes taken of the defendants' account of the accident, from the date of the accident to the
present.
DEMAND FOR EXPERT WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), you are hereby required to
furnish the following information regarding each person you expect to call as an expert witness
at the trial of this action:
1. The name and address of each and every witness.
2. The area of expertise of each and every witness.
3. The qualification of each and every witness.
4. The subject matter on which each and every expert is expected to testify.
5. The substance of the facts upon which each and every expert is expected to
testify.
6. The substance of the opinion of each and every witness.
7. Asummary of the grounds of each and every expert's opinion.
8. lf each said expert witness has or will prepare a written report in connection with
said expert's testimony, then attach a copy of said report to your response to this notice.
PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed a continuing
demand up to, and including, the time of trial of this matter.
DEMAND FOR ADDRESS
Plaintiff demands that the defendants provide the plaintiff with the following:
A verified statement within 10 days of this demand, pursuant to CPLR 3118 setting forth
the post office and residence of the defendant Karen A. Ballantine.
5AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall
be deemed to continue during the pending of this action, including the trial thereof.
UPON YOUR FAILURE TO FURNISH the requested information within the time
specified, or a statement setting forth that the information does not exist, a Motion will be made
compelling discovery and/or involving penalties for willful failure to disclose information,
application will be made to prohibit defendant's use of such material at trial and application will
be made for the costs and disbursements of such motion.
DEMAND TO PRODUCE
Pursuant to CPLR 3120(a), the undersigned hereby demands that the following be
produced within twenty (20) days of the receipt of this demand for reasonable inspection:
1) Access to the data recorder of the 2007 AMGN Hummer, plate number ENF-5510 that is
the vehicle that was involved in the accident which is the subject matter of this litigation so that
my expert can download any and all information from the data recorder from the defendant's
vehicle.
2) A photocopy of the title of the 2007, AMGN Hummer, plate number ENF-5510 that is the
vehicle that was involved in the accident which is the subject matter of this litigation.
3) A photocopy of the bill of sale or purchase receipt for the 2007, AMGN Hummer, plate
number ENF-5510 that is the vehicle that was involved in the accident which is the subject
matter of this litigation.
4) Any and all photographs of the 2007, AMGN Hummer, plate number ENF-5510 vehicle
after the accident which depict damage to the subject vehicle as a result of theSeptember 3,
2018 accident.
5) Any and all repair records, reports and receipts if the 2007, AMGN Hummer, plate
number ENF-5510 if said vehicle was repaired or the damages were evaluated in any form or
fashion.
6) The complete insurance evaluation of the 2007, AMGN Hummer, plate number ENF-
65510 after the motor vehicle crash of September 3, 2018.
AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall
be deemed to continue during the pending of this action, including the trial thereof.
UPON YOUR FAILURE TO FURNISH the requested information within the time
specified, or a statement setting forth that the information does not exist, either plaintiff will
seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and
Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to
disclose information, and application will be made for the costs of such motion.
DEMAND FOR CELL PHONE RECORDS
Pursuant to CPLR 3120(a), the undersigned hereby demands that the following be
produced within twenty (20) days of the receipt of this demand:
1) Duly signed authorization for cell phone records of any and all cell phones of the
defendant, Karen A. Ballantine, that were owned, controlled or utilized by the defendant at the
time of the automobile crash.
DEMAND FOR SOCIAL MEDIA AUTHORIZATIONS
Pursuant to CPLR 3120, the defendant, Karen A. Ballantine is required to produce and permit
the plaintiff to inspect and copy on or before 20 days or at a mutually agreed to location the
following
1) Access to and a duly signed and notarized Authorization for Twitter, Facebook, Myspace,
Instagram, Vine, Snapfish, Linkedin, Tinder, Match, PlentofFish, Zoosk, OkCupid, eHarmony,
Badoo, Christian Mingle, OurTime, Datehookup, HowAboutWe, SpeedDate, Chemistry, Jdate
or any other social medial cite. If the defendants never had such an account then provide an
affidavit to that affect stating the same.
AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall
be deemed to continue during the pending of this action, including the trial thereof.
UPON YOUR FAILURE TO FURNISH the requested information within the time
7specified, or a statement setting forth that the information does not exist, either plaintiff will
seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and
Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to
disclose information, and application will be made for the costs of such motion.
Dated: August 26, 2021
TO: Scott D. Kagan, Esq.
HURWITZ & FINE, P.C.
1300 Liberty Building
424 Main Street
Buffalo, New York 14202
(716) 849-8900
SDK@hunrwitzfine.com
YOURS, ETC.
i 1C.H td/ Esq.
ttorney for Plaintiffs
118 Green Street
Hudson, New York 12534
(518) 828-6110
michaelchowardlaw@gmail.com
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STATE OF NEW YORK SUPREME COURT COUNTY OF COLUMBIA ~ ----X KIMBERLEE J. HARMAN and her husband KEVIN D. HARMAN Index # EF 2021-601 Plaintiffs, Hon. ADAM W. SILVERMAN PLAINTIFFS’ COMBINED DISCOVERY -against- DEMANDS KAREN A. BALLANTINE, ROGER D. BALLANTINE Defendants. wenn eee XK Please take Notice, that pursuant to Article 31 of the Civil Practice Law and Rules of the State of New York, the Plaintiffs Kimberlee J. Harman and her husband Kevin D. Harman, by and through his attorney, Michael C. Howard Esq. P.C., hereby demands that the defendants serve upon the undersigned within twenty (20) days after receipt of this demand, the following: DEMAND FOR STATEMENTS Copies of any statements, written or otherwise recorded of the plaintiffs concerning the issues set forth in the plaintiffs’ complaint. PLEASE TAKE FURTHER NOTICE, that if the aforesaid information is not furnished within the specified time, either plaintiff will seek preclusion of the information at trial or a Motion to Compel Discovery of the requested information will be made, together with the costs and disbursements of the motion. DEMAND FOR SURVEILLANCE TAPES, VIDEO TAPES, AUDIO TAPES, FILMS, PHOTOGRAPHS, (including TRANSCRIPTS or MEMORANDA thereof) and WITNESSES WHO HAVE KNOWLEDGE OF THE PLAINTIFF'S PHYSICAL CONDITION AND/OR PHYSICAL ACTIVITIES1) Any and all surveillance tapes, video tapes, audio tapes, films, photographs taken of the plaintiffs (including transcripts or memoranda thereof) and the names and addresses of witnesses who have knowledge of the plaintiffs physical condition and/or physical activities in the above action. There shall be disclosure of all portions of such material, including take- outs, rather than only those portions a party intends to use. 2) Any and all photographs and or videotapes/digital recordings or depictions of any kind that show or demonstrate the alleged injuries sustained by the plaintiff as a result of this occurrence. 3) Any and all photographs and or videotapes/digital recordings or depictions of any kind that show or depict the scene of the incident alleged in the plaintiff's complaint. 4) Any and all photographs of the subject vehicle. AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall be deemed to continue during the pending of this action, including the trial thereof. UPON YOUR FAILURE TO FURNISH the requested information within the time specified, or a statement setting forth that the information does not exist, a Motion will be made compelling discovery and/or involving penalties for willful failure to disclose information, application will be made to prohibit defendant's use of such material at trial and application will be made for the costs and disbursements of such motion. Plaintiff demands that the defendants supply the plaintiff with any photographs, digital audio and or visual recordings, motion pictures, reports of the incident scene, and or the dogs involved in the incident, that the defendants, his agents, or representatives have in their possession. In addition any and all photographs, digital audio and or visual recordings, motion pictures, and or reports of the plaintiff Kimberlee J. Harman after the date of the accident, until the time of trial. PLEASE TAKE FURTHER NOTICE, that if the aforesaid photographs are not furnished within the specified time, either plaintiff will seek preclusion of the information at trial or a Motion to Compel Discovery of the requested photographs will be made, together with the costs and disbursements of the motion.DEMAND FOR EYEWITNESSES Plaintiff demands that the defendants provide the following: a) names and addresses of any eyewitnesses to the incident that is the subject matter of this litigation, and a photocopy of any statement and or report made or given by an alleged eyewitness, including any other element that reflects on any liability issue in this case. b) names and addresses of any potential witnesses who can testify to notices and conditions about which plaintiff complains. c) names and addresses of witnesses to any admissions made by the said plaintiff to anyone. d) names and addresses of witnesses to any acts, omissions or conditions that allegedly caused the occurrence alleged in the complaint. e) names and addresses of witnesses to the nature and duration of any alleged condition that allegedly caused the occurrence alleged in the complaint. f) names and addresses of witnesses who have information pertaining to the physical condition of the plaintiff prior to the occurrence alleged in the complaint. g) The names and addresses of any witnesses who have information pertaining to the physical condition of the plaintiff subsequent to the occurrence alleged in the complaint. If no such witnesses are known, so state in the response to this demand. The undersigned will object upon trial to the testimony of any witnesses whose identities are not disclosed presently, or whose identity, if discovered in the future is not also disclosed at that time. UPON YOUR FAILURE TO FURNISH the requested information within the time specified, or a statement setting forth that the information does not exist, either plaintiff will seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to disclose information, and application will be made for the costs of such motion. INSURANCE COVERAGEPLEASE TAKE NOTICE, that pursuant to Section 3101 (f) of the CPLR, we hereby demand that you furnish to the attorney for the plaintiff(s), within twenty (20) days of receipt of this NOTICE: 1. The complete and full insurance agreement and or complete insurance policy and/or agreements under which an insurer and/or insurers may be liable to satisfy part or all of the judgment which may be entered in this above-entitled. action. 2. The complete name(s) and address(es) of the insurance company, their file, and/or policy or claim number(s), the coverage amount and the name and address of the supervisor of such file. 3. A statement as to whether or not there is any additional concurrent, excess, or umbrella coverage. If there is such coverage, all information as to those policies is requested as set out in number two (2) above, ie a complete photocopy of the umbrella policy is demanded to be produced. 4. Where there is not coverage, a disclaimer, reservation of rights or any other condition(s) pertaining to this coverage, this information must also be furnished. AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall be deemed to continue during the pending of this action, including the trial thereof. UPON YOUR FAILURE TO FURNISH the requested information within the time specified, or a statement setting forth that the information does not exist, either plaintiff will seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to disclose information, and application will be made for the costs of such motion. ACCIDENT REPORTS Plaintiff demands that the defendants supply any and all accident reports, including any 4department of Motor Vehicle from, including but not limited to any MV-104 form prepared by the defendant, including but not limited to any accident/incident report for any insurance company, including a copy of any and all statements, whether recorded electronically, or by notes taken of the defendants' account of the accident, from the date of the accident to the present. DEMAND FOR EXPERT WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), you are hereby required to furnish the following information regarding each person you expect to call as an expert witness at the trial of this action: 1. The name and address of each and every witness. 2. The area of expertise of each and every witness. 3. The qualification of each and every witness. 4. The subject matter on which each and every expert is expected to testify. 5. The substance of the facts upon which each and every expert is expected to testify. 6. The substance of the opinion of each and every witness. 7. Asummary of the grounds of each and every expert's opinion. 8. lf each said expert witness has or will prepare a written report in connection with said expert's testimony, then attach a copy of said report to your response to this notice. PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed a continuing demand up to, and including, the time of trial of this matter. DEMAND FOR ADDRESS Plaintiff demands that the defendants provide the plaintiff with the following: A verified statement within 10 days of this demand, pursuant to CPLR 3118 setting forth the post office and residence of the defendant Karen A. Ballantine. 5AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall be deemed to continue during the pending of this action, including the trial thereof. UPON YOUR FAILURE TO FURNISH the requested information within the time specified, or a statement setting forth that the information does not exist, a Motion will be made compelling discovery and/or involving penalties for willful failure to disclose information, application will be made to prohibit defendant's use of such material at trial and application will be made for the costs and disbursements of such motion. DEMAND TO PRODUCE Pursuant to CPLR 3120(a), the undersigned hereby demands that the following be produced within twenty (20) days of the receipt of this demand for reasonable inspection: 1) Access to the data recorder of the 2007 AMGN Hummer, plate number ENF-5510 that is the vehicle that was involved in the accident which is the subject matter of this litigation so that my expert can download any and all information from the data recorder from the defendant's vehicle. 2) A photocopy of the title of the 2007, AMGN Hummer, plate number ENF-5510 that is the vehicle that was involved in the accident which is the subject matter of this litigation. 3) A photocopy of the bill of sale or purchase receipt for the 2007, AMGN Hummer, plate number ENF-5510 that is the vehicle that was involved in the accident which is the subject matter of this litigation. 4) Any and all photographs of the 2007, AMGN Hummer, plate number ENF-5510 vehicle after the accident which depict damage to the subject vehicle as a result of theSeptember 3, 2018 accident. 5) Any and all repair records, reports and receipts if the 2007, AMGN Hummer, plate number ENF-5510 if said vehicle was repaired or the damages were evaluated in any form or fashion. 6) The complete insurance evaluation of the 2007, AMGN Hummer, plate number ENF- 65510 after the motor vehicle crash of September 3, 2018. AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall be deemed to continue during the pending of this action, including the trial thereof. UPON YOUR FAILURE TO FURNISH the requested information within the time specified, or a statement setting forth that the information does not exist, either plaintiff will seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to disclose information, and application will be made for the costs of such motion. DEMAND FOR CELL PHONE RECORDS Pursuant to CPLR 3120(a), the undersigned hereby demands that the following be produced within twenty (20) days of the receipt of this demand: 1) Duly signed authorization for cell phone records of any and all cell phones of the defendant, Karen A. Ballantine, that were owned, controlled or utilized by the defendant at the time of the automobile crash. DEMAND FOR SOCIAL MEDIA AUTHORIZATIONS Pursuant to CPLR 3120, the defendant, Karen A. Ballantine is required to produce and permit the plaintiff to inspect and copy on or before 20 days or at a mutually agreed to location the following 1) Access to and a duly signed and notarized Authorization for Twitter, Facebook, Myspace, Instagram, Vine, Snapfish, Linkedin, Tinder, Match, PlentofFish, Zoosk, OkCupid, eHarmony, Badoo, Christian Mingle, OurTime, Datehookup, HowAboutWe, SpeedDate, Chemistry, Jdate or any other social medial cite. If the defendants never had such an account then provide an affidavit to that affect stating the same. AND YOU WILL PLEASE TAKE FURTHER NOTICE, that the aforesaid demands shall be deemed to continue during the pending of this action, including the trial thereof. UPON YOUR FAILURE TO FURNISH the requested information within the time 7specified, or a statement setting forth that the information does not exist, either plaintiff will seek preclusion of the information at trial or a motion will be made pursuant to Rule 3124 and Section 3126 of the CPLR compelling discovery and/or involving penalties for willful failure to disclose information, and application will be made for the costs of such motion. Dated: August 26, 2021 TO: Scott D. Kagan, Esq. HURWITZ & FINE, P.C. 1300 Liberty Building 424 Main Street Buffalo, New York 14202 (716) 849-8900 SDK@hunrwitzfine.com YOURS, ETC. i 1C.H td/ Esq. ttorney for Plaintiffs 118 Green Street Hudson, New York 12534 (518) 828-6110 michaelchowardlaw@gmail.com