On April 23, 2018 a
Party Notice
was filed
involving a dispute between
Crystal Davern,
Cynthia Mieth,
and
Arlene Stamer,
for Torts - Motor Vehicle
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 07/31/2018 10:27 AM INDEX NO. 806368/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/31/2018
LAW OFFICES OF
JOHN TROP
Richard B. Schoenberg*
100 Meridian Centre Blvd.
Suite 220 Thomas P. Durkin
New 14618 TiffanyL D'Angelo
Rochester, York,
*Can also be reached at our
Middletown Office Fax: 585-613-0488
(845) 695-6811
STAFF COUNSEL
Allstate Insurance Company
Encompass Insurance Company
Esurance Insurance Company
All Attorneys are Employees of
AllstateInsurance Company
ThisOfficeis nota Partnershipor a Corporation
Attorney AdministrativeAssistant Paralegal
(585) 613-0483 (585) 613-0481 (585)613-0480
July 27, 2018
James P. Verrastro, Esq.
Spadafora 8 Verrastro, LLP
2 Symphony Circle
Bufalo, New York 14201
Re: Davern & Mieth v. Stamer
Index Number: 806369
Dear Mr. Verrastro:
plaintiffs'
I am responding to various Article 31 Discovery Demands on behalf of
defendant, as follows:
1. Defendant understands that Allstate Insurance Company provides up to
$100,000.00 coverage for this accident per person and $300,000 per
accident, subject to confirmation by AIIstate's Claims Department.
Defendant is not aware of any excess or umbrella coverage, nor is
defendant aware of any claims pending against this policy. However,
plaintiffs should take any additional steps to put all other potential carriers
plaintiffs'
on notice of claims and lawsuit.
2. Please see response to demand number 1.
3. Defendant is not in possession of any written statements of the plaintiffs.
However, plaintiff Crystal Davern advised defendant that she was fine
after the impact occurred.
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4. Defendant objects to this demand as it calls for materials prepared in
anticipation of litigation. Without waiving any objection, the only report in
defendant's possession is the police accident report. Ifyou do not have a
copy, please advise and we will forward one under separate cover.
5. The only witnesses defendant is aware of are the parties to the lawsuit
and the passengers in the involved vehicles that are listed on the police
accident report.
6. Defendant is not in possession of any photographs or other materials
depicting the scene of the accident.
7. Defendant is not currently in possession of any photographs of the
plaintiffs.
8. Defendant is not in possession of any documents responsive to this
demand.
9. Defendant is not in possession of any documents to this demand other
than the photographs produced herein. Defendant reserves the right to
respond to this demand until note of issue is filed as additional documents
may be discovered during discovery and EBT's.
10. Defendant has not yet retained an expert. Should defendant retain an
expert, we will provide disclosure in accordance with the CPLR.
11. The burden is on plaintiff alone to produce medical records. Please see
T,2558029151899'" law
Casey v. Tan, Dept 1998). Ifyou have case from
the Fourth Department to the contrary, please advise.
12. Enclosed herewith are eleven color photographs depicting defendant's
vehicle after the accident.
plaintiffs'
13. Defendant is not in possession of any photographs of vehicle.
14. Defendant is not in possession of any estimates.
15. Upon information and belief, defendant's vehicle was not repaired.
16. Defendant is not in possession of any documents responsive to this
demand.
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Sincerely,
Tiffany L. D'Angelo
tiffany.danqelo@allstate.com
.dan
TLD/kmr
Encl.
l
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Document Filed Date
July 31, 2018
Case Filing Date
April 23, 2018
Category
Torts - Motor Vehicle
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Preview
FILED: ERIE COUNTY CLERK 07/31/2018 10:27 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/31/2018 LAW OFFICES OF JOHN TROP Richard B. Schoenberg* 100 Meridian Centre Blvd. Suite 220 Thomas P. Durkin New 14618 TiffanyL D'Angelo Rochester, York, *Can also be reached at our Middletown Office Fax: 585-613-0488 (845) 695-6811 STAFF COUNSEL Allstate Insurance Company Encompass Insurance Company Esurance Insurance Company All Attorneys are Employees of AllstateInsurance Company ThisOfficeis nota Partnershipor a Corporation Attorney AdministrativeAssistant Paralegal (585) 613-0483 (585) 613-0481 (585)613-0480 July 27, 2018 James P. Verrastro, Esq. Spadafora 8 Verrastro, LLP 2 Symphony Circle Bufalo, New York 14201 Re: Davern & Mieth v. Stamer Index Number: 806369 Dear Mr. Verrastro: plaintiffs' I am responding to various Article 31 Discovery Demands on behalf of defendant, as follows: 1. Defendant understands that Allstate Insurance Company provides up to $100,000.00 coverage for this accident per person and $300,000 per accident, subject to confirmation by AIIstate's Claims Department. Defendant is not aware of any excess or umbrella coverage, nor is defendant aware of any claims pending against this policy. However, plaintiffs should take any additional steps to put all other potential carriers plaintiffs' on notice of claims and lawsuit. 2. Please see response to demand number 1. 3. Defendant is not in possession of any written statements of the plaintiffs. However, plaintiff Crystal Davern advised defendant that she was fine after the impact occurred. 1 of 14 FILED: ERIE COUNTY CLERK 07/31/2018 10:27 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/31/2018 4. Defendant objects to this demand as it calls for materials prepared in anticipation of litigation. Without waiving any objection, the only report in defendant's possession is the police accident report. Ifyou do not have a copy, please advise and we will forward one under separate cover. 5. The only witnesses defendant is aware of are the parties to the lawsuit and the passengers in the involved vehicles that are listed on the police accident report. 6. Defendant is not in possession of any photographs or other materials depicting the scene of the accident. 7. Defendant is not currently in possession of any photographs of the plaintiffs. 8. Defendant is not in possession of any documents responsive to this demand. 9. Defendant is not in possession of any documents to this demand other than the photographs produced herein. Defendant reserves the right to respond to this demand until note of issue is filed as additional documents may be discovered during discovery and EBT's. 10. Defendant has not yet retained an expert. Should defendant retain an expert, we will provide disclosure in accordance with the CPLR. 11. The burden is on plaintiff alone to produce medical records. Please see T,2558029151899'" law Casey v. Tan, Dept 1998). Ifyou have case from the Fourth Department to the contrary, please advise. 12. Enclosed herewith are eleven color photographs depicting defendant's vehicle after the accident. plaintiffs' 13. Defendant is not in possession of any photographs of vehicle. 14. Defendant is not in possession of any estimates. 15. Upon information and belief, defendant's vehicle was not repaired. 16. Defendant is not in possession of any documents responsive to this demand. 2 of 14 FILED: ERIE COUNTY CLERK 07/31/2018 10:27 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/31/2018 Sincerely, Tiffany L. D'Angelo tiffany.danqelo@allstate.com .dan TLD/kmr Encl. l 3 of 14 FILED: ERIE COUNTY CLERK 07/31/2018 10:27 AM INDEX NO. 806368/2018 NYSCEF DOC. 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