On February 23, 2020 a
Motion-Secondary
was filed
involving a dispute between
Tami Lambert,
and
Liberty Mutual Group Inc. D B A Liberty Mutual Fire Insurance Company,
Liberty Mutual Group Inc.
D B A Liberty Mutual Fire Insurance Company,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------X
TAMI LAMBERT,
AFFFIRMATION
Plaintiff, IN SUPPORT
-against- 151955/2020
LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY
MUTUAL FIRE INSURANCE COMPANY,
Defendant.
-------------------------------------------------------X
VINCENT BRESCIA, hereby affirms under the penalties of perjury that:
1. I am an attorney associated with the firm of CORREIA, KING, MCGINNIS &
LIFERIEDGE, attorneys for defendant, LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY
MUTUAL FIRE INSURANCE COMPANY, in the above entitled action, and as such I am
familiar with the facts and circumstances stated herein.
2. This affirmation is submitted in support of the instant motion for an Order (a)
Compelling Plaintiff to respond to outstanding discovery, including but not limited to moving
Defendant’s Demand for a Verified Bill of Particulars and initial discovery demands; (b)
Alternatively, precluding Plaintiff from producing any evidence or testimony at trial as to those
demanded items; and (c) Granting such other and further relief this Court deems just and proper.
3. This is an action to recover damages for personal injuries sustained as a result of a
motor vehicle accident on February 23, 2014, in which plaintiff was a passenger in a vehicle
insured by defendant, which was in a collision with a vehicle that was underinsured. This action
was commenced with the filing of a Summons and Complaint on February 23, 2020. A copy of
the Summons and Complaint is annexed hereto as Exhibit “A.”
1 of 3
FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020
4. Issue was joined on or about May 12, 2020, with the service of the defendant,
LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY MUTUAL FIRE INSURANCE
COMPANY’s Verified Answer. A copy of the Verified Answer is annexed hereto as Exhibit
“B.”
5. On or about July 7, 2020, your affirmant sent good-faith correspondence to the
Plaintiff requesting compliance with responses to the demands served on May 12, 2020. A copy
of the good faith letter is annexed hereto as Exhibit “C.”
6. On or about August 10, 2020, your affirmant sent a second good-faith
correspondence to the Plaintiff requesting compliance with responses to the demands served on
May 12, 2020. A copy of the good faith letter is annexed hereto as Exhibit “D.”
7. On or about November 25, 2020, your affirmant sent a third good-faith
correspondence to the Plaintiff requesting compliance with responses to the demands served on
May 12, 2020. A copy of the good faith letter is annexed hereto as Exhibit “E.”
8. To date, the defendant has not received a response to its demands.
9. The discovery sought is material and necessary to the defense of this action.
Plaintiff has failed to respond to Combined Demands and Demand for Verified Bill of Particulars
in a timely manner.
10. It is submitted that the moving Defendant is entitled to a Verified Bill of
Particulars and response to Combined Discovery Demands, which fully responds to each item
demanded in order to prepare for trial and prevent surprise. The bare allegations contained in the
Complaint are too vague and general to supply the necessary information the Defendant has
properly demanded.
11. No previous application for the relief herein requested has been made.
2 of 3
FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020
12. As such it is requested that this Court issue an Order compelling the Plaintiff to
provide responses to moving Defendant’s Notice for Discovery and Inspection and provide a
Verified Bill of Particulars, or in the alternative preclude the Plaintiff from providing any evidence
or testimony at the time of trial as concerns the demanded items.
WHEREFORE, the Defendant respectfully requests that the motion be granted in its
entirety and for such other and further relief as this Court deems just and necessary.
Dated: New York, New York
December 17, 2020
VINCENT BRESCIA
3 of 3
Document Filed Date
December 21, 2020
Case Filing Date
February 23, 2020
Category
Torts - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------X TAMI LAMBERT, AFFFIRMATION Plaintiff, IN SUPPORT -against- 151955/2020 LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. -------------------------------------------------------X VINCENT BRESCIA, hereby affirms under the penalties of perjury that: 1. I am an attorney associated with the firm of CORREIA, KING, MCGINNIS & LIFERIEDGE, attorneys for defendant, LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY MUTUAL FIRE INSURANCE COMPANY, in the above entitled action, and as such I am familiar with the facts and circumstances stated herein. 2. This affirmation is submitted in support of the instant motion for an Order (a) Compelling Plaintiff to respond to outstanding discovery, including but not limited to moving Defendant’s Demand for a Verified Bill of Particulars and initial discovery demands; (b) Alternatively, precluding Plaintiff from producing any evidence or testimony at trial as to those demanded items; and (c) Granting such other and further relief this Court deems just and proper. 3. This is an action to recover damages for personal injuries sustained as a result of a motor vehicle accident on February 23, 2014, in which plaintiff was a passenger in a vehicle insured by defendant, which was in a collision with a vehicle that was underinsured. This action was commenced with the filing of a Summons and Complaint on February 23, 2020. A copy of the Summons and Complaint is annexed hereto as Exhibit “A.” 1 of 3 FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020 4. Issue was joined on or about May 12, 2020, with the service of the defendant, LIBERTY MUTUAL GROUP INC. D/B/A LIBERTY MUTUAL FIRE INSURANCE COMPANY’s Verified Answer. A copy of the Verified Answer is annexed hereto as Exhibit “B.” 5. On or about July 7, 2020, your affirmant sent good-faith correspondence to the Plaintiff requesting compliance with responses to the demands served on May 12, 2020. A copy of the good faith letter is annexed hereto as Exhibit “C.” 6. On or about August 10, 2020, your affirmant sent a second good-faith correspondence to the Plaintiff requesting compliance with responses to the demands served on May 12, 2020. A copy of the good faith letter is annexed hereto as Exhibit “D.” 7. On or about November 25, 2020, your affirmant sent a third good-faith correspondence to the Plaintiff requesting compliance with responses to the demands served on May 12, 2020. A copy of the good faith letter is annexed hereto as Exhibit “E.” 8. To date, the defendant has not received a response to its demands. 9. The discovery sought is material and necessary to the defense of this action. Plaintiff has failed to respond to Combined Demands and Demand for Verified Bill of Particulars in a timely manner. 10. It is submitted that the moving Defendant is entitled to a Verified Bill of Particulars and response to Combined Discovery Demands, which fully responds to each item demanded in order to prepare for trial and prevent surprise. The bare allegations contained in the Complaint are too vague and general to supply the necessary information the Defendant has properly demanded. 11. No previous application for the relief herein requested has been made. 2 of 3 FILED: NEW YORK COUNTY CLERK 12/21/2020 10:35 AM INDEX NO. 151955/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/21/2020 12. As such it is requested that this Court issue an Order compelling the Plaintiff to provide responses to moving Defendant’s Notice for Discovery and Inspection and provide a Verified Bill of Particulars, or in the alternative preclude the Plaintiff from providing any evidence or testimony at the time of trial as concerns the demanded items. WHEREFORE, the Defendant respectfully requests that the motion be granted in its entirety and for such other and further relief as this Court deems just and necessary. Dated: New York, New York December 17, 2020 VINCENT BRESCIA 3 of 3