Preview
FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
X
MICHELLE L. CUNNINGHAM, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. E165408/2018
vs.
RONALD F. KLUMPP and DENISE M.
KLUMPP,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of all witnesses known to the Plaintiff and the
Plaintiffs representatives, who itwill be claimed were witnesses to the following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of the Plaintiff or the Plaintiff representatives.
3. Any photographs of the following:
(a) The siteof the alleged occurrence.
(b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
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6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by the Plaintiff or the Plaintiff representatives, even if
made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
a. In reasonable detail, the subject matter on which each expert is expected to
testify;
b. The substance of the facts and opinions on which each expert is expected
to testify;
c. The qualification of each expert witness, and;
d. A summary of the grounds for each expert's opinion.
8. Maintenance and repair records for the motor vehicle of the Plaintiff for
one year prior to the alleged occurrence.
9. Copies of any letters or written communications from Plaintiff to
Defendants citing any alleged defective conditions.
10. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period commencing one (1) year prior
to the date of the subject occurrence and continuing to the present date. This authorization shall
allow access to, but shall not be limited to records regarding the Plaintiff salary and attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
11. Copies of the Plaintiff City, State and Federal Income Tax Records for the
period commencing two (2) years prior to the date of the subject occurrence and for all
subsequent years up to and including the present. If such records, or a portion thereof are
unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New
York State Department of Taxation. If income tax returns were not filed for such period or a
portion thereof, so state in reply to this demand.
12. Duly executed and acknowledged original authorizations permitting
this/these Defendants to obtain and copy No-Fault medical and wage records for each Plaintiff
for the period from the date of occurrence to the present.
13. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
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Insurance Law of the State of New York (No-Fault Law); with respect to each and every
application:
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,
including OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
paragraph "(a)".
Workers'
14. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim number to
Workers'
which a claim has been or will be made, together with the
Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
paragraph "(a)".
15. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
(a) Set forth the claim office, the address and the claim number
assigned.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
16. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the contents of:
(a) Each and every collateral source of payment, including but not
Workers'
limited to, insurance agreements, Social Security, Workers
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
(d) The amounts and any and allcorrespondence in which, the plaintiff
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will claim as lawful liens against the plaintiff recovery.
17. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff for the current calendar year.
18. Copies of and all statements or receipts to non-
any bills, relating any
medical expense claimed as damages in this lawsuit which have not been produced in response
to any of the preceding paragraphs.
19. Copies of bills and/or estimates for the repair of Plaintiff vehicle and any
other damaged property. If the vehicle was not repairable, in addition, attach estimates of the
value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning
salvage value.
20. Any releases, and any other type of settlement agreements between
Plaintiff and any other party which may have been responsible for the damages claimed by
Plaintiff.
21. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to use during the trialof
this case and which have not been produced in response to any of the preceding paragraphs.
22. All documents, papers or evidence to be introduced at trial.
23. All surveillance materials pursuant to DiMichel vs. South Buffalo Ry. Co.,
80 N.Y.2d 184; DiNardo vs Koronowski, 252 A.D.2d 69, 684 N.Y.S.2d 736 (4th Dept 1998) and
CPLR 3101(i).
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
DATED: Buffalo, NY
August 03, 2018
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Yours, etc.,
s/Leah Costanzo, Esq. .
Law Offices of John Trop
Leah Costanzo, Esq.
Attorney for Defendant
Ronald F. Klumpp and Denise M. Klumpp
2201 Main Place Tower
350 Main Street
Buffalo, NY 14202-3750
Telephone: (716) 842-6053
Our File No. 0403945637.2-
TO: Stephen Boyd, Esq.
STEVE BOYD, P.C.
Attorney for Plaintiff
40 N Forest Rd
Williamsville, NY 14221
716-400-0000
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Preview
FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA X MICHELLE L. CUNNINGHAM, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. E165408/2018 vs. RONALD F. KLUMPP and DENISE M. KLUMPP, Defendants. X SIRS: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. The names and addresses of all witnesses known to the Plaintiff and the Plaintiffs representatives, who itwill be claimed were witnesses to the following: (a) The alleged occurrence in question. (b) Any alleged defective condition. (c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. (d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statements, oral, written or electronically recorded, from any party we represent, in the possession of the Plaintiff or the Plaintiff representatives. 3. Any photographs of the following: (a) The siteof the alleged occurrence. (b) Any instrumentalities involved. 4. Any accident reports made in the normal course of business. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981). 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 1 of 5 FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Plaintiff or the Plaintiff representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; a. In reasonable detail, the subject matter on which each expert is expected to testify; b. The substance of the facts and opinions on which each expert is expected to testify; c. The qualification of each expert witness, and; d. A summary of the grounds for each expert's opinion. 8. Maintenance and repair records for the motor vehicle of the Plaintiff for one year prior to the alleged occurrence. 9. Copies of any letters or written communications from Plaintiff to Defendants citing any alleged defective conditions. 10. Duly executed authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commencing one (1) year prior to the date of the subject occurrence and continuing to the present date. This authorization shall allow access to, but shall not be limited to records regarding the Plaintiff salary and attendance. (a) If Plaintiff is a student: duly executed authorization(s) allowing the undersigned to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence and continuing to the present date. 11. Copies of the Plaintiff City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof are unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If income tax returns were not filed for such period or a portion thereof, so state in reply to this demand. 12. Duly executed and acknowledged original authorizations permitting this/these Defendants to obtain and copy No-Fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 13. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the 2 of 5 FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018 Insurance Law of the State of New York (No-Fault Law); with respect to each and every application: (a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made, including OBEL, Additional PIP and Medical Payments coverage. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". Workers' 14. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to each and every application: (a) Set forth the name, address, policy number and claim number to Workers' which a claim has been or will be made, together with the Compensation Board file number. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". 15. If a disability claim has or will be made pursuant to the terms of the Social Security Laws, with respect to each and every application: (a) Set forth the claim office, the address and the claim number assigned. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff. 16. Pursuant to CPLR Section 4545(a) produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every collateral source of payment, including but not Workers' limited to, insurance agreements, Social Security, Workers Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiffs and for which recovery is sought in the instant action and (b) A written statement setting forth any and all such collateral sources and their amounts. (c) Duly executed written authorizations permitting the undersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. (d) The amounts and any and allcorrespondence in which, the plaintiff 3 of 5 FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018 will claim as lawful liens against the plaintiff recovery. 17. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. 18. Copies of and all statements or receipts to non- any bills, relating any medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 19. Copies of bills and/or estimates for the repair of Plaintiff vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 20. Any releases, and any other type of settlement agreements between Plaintiff and any other party which may have been responsible for the damages claimed by Plaintiff. 21. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trialof this case and which have not been produced in response to any of the preceding paragraphs. 22. All documents, papers or evidence to be introduced at trial. 23. All surveillance materials pursuant to DiMichel vs. South Buffalo Ry. Co., 80 N.Y.2d 184; DiNardo vs Koronowski, 252 A.D.2d 69, 684 N.Y.S.2d 736 (4th Dept 1998) and CPLR 3101(i). PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Buffalo, NY August 03, 2018 4 of 5 FILED: NIAGARA COUNTY CLERK 08/03/2018 04:21 PM INDEX NO. E165408/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/03/2018 Yours, etc., s/Leah Costanzo, Esq. . Law Offices of John Trop Leah Costanzo, Esq. Attorney for Defendant Ronald F. Klumpp and Denise M. Klumpp 2201 Main Place Tower 350 Main Street Buffalo, NY 14202-3750 Telephone: (716) 842-6053 Our File No. 0403945637.2- TO: Stephen Boyd, Esq. STEVE BOYD, P.C. Attorney for Plaintiff 40 N Forest Rd Williamsville, NY 14221 716-400-0000 5 of 5