Preview
FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ATLANTIC CASUALTY INSURANCE
COMPANY,
Index No.: 510798/2018
Plaintiff,
OMNIBUS DEMANDS TO
v. DEFENDANT
EASTERN FRUIT & VEGETABLES INC.
Defendant.
PLEASE TAKE NOTICE, that pursuañt to CPLR 3101(e) and Lynbrook Union Free
School District vs Industry Temoerature Systems. Inc., 449 N.Y.S.2d 844, 113 Misc.2d 704,
Plaintiff Atlantic Insurance ("Plaintiff"), de-sñd that all parties
Casualty Company hereby
furnish, within twenty (20) days of the service of this Notice, copies of all statements taken of any
other party, its agents, servants or cmployees, including any oral, stenographic, or written
s±=+=mts, whether sigacd or üñsigñed, or a notice or other response stating that you have no such
statements.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101 and Zellmañ vs
Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255; Gates vs Baker, 74
Misc.2d 891, 346 N.Y.S.2d 128; and O'Connor vs Larson, 74 A.D.2d 734, 425 N.Y.S.2d 702,
Plaintiff hereby demand that all parties furnish to the undersigned, within twenty (20) days of the
servicc of this Notice, the name, and lastknown addresses and telephone ñümber of each and every
person you claim to be a witñcss or other person with knowledge rciciañt to any issues relevant to
this lawsuit.
PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR 3010 it is hereby
requested that, within twenty (20) days of the service of this Notice, you disclose the name, and
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FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019
last known address and telephone number of any person(s) you intend to call or rely upon as a
witness in connection with any dispositive motion, hearing or trial in this matter.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101(d), Plaintiff hereby
demands that Defendant furnishes within twenty (20) days of the service of this Notice, the identity
of each person whom you expect to call as an expert witness at the trial of the above-captioned
action. As to each person identified, specify:
a. the name and qualification of the expert;
b. the subject matter upon which the expert is expected to testify;
c. the substance of the facts and opinion is expected to testify; and
d. the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE that, unless the aforesaid information and items
are furnished within the specified time, or a statement in writing indicating that such information
and items are not in your possession is supplied within the specified time, appropriate penalties
will be sought.
PLEASE TAKE FURTHER NOTICE, that you have a continuous duty to inform
defendant of any changes in their responses as demanded above and to produce any documents
responsive to the same.
PLEASE TAKE FURTHER that upon your failure to with the above-
NOTICE, comply
mentioned demands, Plaintiff will move this court for all appropriate sanctions and remedies.
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FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019
Dated: White Plains, NY
October 28, 2019
, Weldon & Cunnin ham, LLP
.
By:
Robert Walker Lewis, Esq.
925 Westchester Avenue, Suite 400
Attorneys for Plaintiff
Atlantic Casualty Insurance Company
White Plains, NY 10604
Tel: (914) 948-7000
Fax: (914) 948-7010
To:
Nathaniel J. Costa, Esq.
L. Blake Morris & Associates
Attorneys for Defendant
Eastern Fruit & Vegetables
1214 Cortelyou Rd.
Brooklyn, NY 11218-5404
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Preview
FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ATLANTIC CASUALTY INSURANCE COMPANY, Index No.: 510798/2018 Plaintiff, OMNIBUS DEMANDS TO v. DEFENDANT EASTERN FRUIT & VEGETABLES INC. Defendant. PLEASE TAKE NOTICE, that pursuañt to CPLR 3101(e) and Lynbrook Union Free School District vs Industry Temoerature Systems. Inc., 449 N.Y.S.2d 844, 113 Misc.2d 704, Plaintiff Atlantic Insurance ("Plaintiff"), de-sñd that all parties Casualty Company hereby furnish, within twenty (20) days of the service of this Notice, copies of all statements taken of any other party, its agents, servants or cmployees, including any oral, stenographic, or written s±=+=mts, whether sigacd or üñsigñed, or a notice or other response stating that you have no such statements. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101 and Zellmañ vs Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255; Gates vs Baker, 74 Misc.2d 891, 346 N.Y.S.2d 128; and O'Connor vs Larson, 74 A.D.2d 734, 425 N.Y.S.2d 702, Plaintiff hereby demand that all parties furnish to the undersigned, within twenty (20) days of the servicc of this Notice, the name, and lastknown addresses and telephone ñümber of each and every person you claim to be a witñcss or other person with knowledge rciciañt to any issues relevant to this lawsuit. PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR 3010 it is hereby requested that, within twenty (20) days of the service of this Notice, you disclose the name, and 1 1 of 3 FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019 last known address and telephone number of any person(s) you intend to call or rely upon as a witness in connection with any dispositive motion, hearing or trial in this matter. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101(d), Plaintiff hereby demands that Defendant furnishes within twenty (20) days of the service of this Notice, the identity of each person whom you expect to call as an expert witness at the trial of the above-captioned action. As to each person identified, specify: a. the name and qualification of the expert; b. the subject matter upon which the expert is expected to testify; c. the substance of the facts and opinion is expected to testify; and d. the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE that, unless the aforesaid information and items are furnished within the specified time, or a statement in writing indicating that such information and items are not in your possession is supplied within the specified time, appropriate penalties will be sought. PLEASE TAKE FURTHER NOTICE, that you have a continuous duty to inform defendant of any changes in their responses as demanded above and to produce any documents responsive to the same. PLEASE TAKE FURTHER that upon your failure to with the above- NOTICE, comply mentioned demands, Plaintiff will move this court for all appropriate sanctions and remedies. 2 2 of 3 FILED: KINGS COUNTY CLERK 10/28/2019 10:19 AM INDEX NO. 510798/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/28/2019 Dated: White Plains, NY October 28, 2019 , Weldon & Cunnin ham, LLP . By: Robert Walker Lewis, Esq. 925 Westchester Avenue, Suite 400 Attorneys for Plaintiff Atlantic Casualty Insurance Company White Plains, NY 10604 Tel: (914) 948-7000 Fax: (914) 948-7010 To: Nathaniel J. Costa, Esq. L. Blake Morris & Associates Attorneys for Defendant Eastern Fruit & Vegetables 1214 Cortelyou Rd. Brooklyn, NY 11218-5404 3 3 of 3