Preview
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
MARIA ARGUETA CRUZ, Index No: 154432/18
Plaintiff, RESPONSE TO
DEFENDANT 173 BROADWAY
-against- ASSOCIATES, LLC’S COMBINED
DEMANDS
173 BROADWAY ASSOCIATES, LLC, and
LINDO AMANECER GROCERY CORP.,
Defendants,
-------------------------------------------------------------------X
The Defendant, LINDO AMANECER GROCERY CORP, in response to Defendants 173
Broadway Associates, LLC, Combined Demands., submits as follows:
1. Not applicable, Defendant is not in possession of any unsigned statement, video
statement or recorded statements made by or taken by 173 Broadway Associates, LLC,
2. Not applicable, Defendant is not in possession of any signed statement, video statement
or recorded statement made by or taken by Defendants in this action or by the Plaintiff.
3. Not applicable, Defendant is not in possession of an expert witness.
4. Not applicable, Defendant is not in possession of an expert witness.
5. Not applicable, Defendant is not in possession of an expert witness.
6. Not applicable, Defendant is not in possession of an expert witness.
7. Not applicable, Defendant is not in possession of an expert witness.
8. Not applicable, Defendant is not in possession of any photographs.
9. Not applicable, Defendant is not in possession of any witnesses.
10. Not applicable, Defendant does not have any insurance information.
11. Not applicable, Defendant does not have any contracts.
1 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
12. Not applicable, Defendant does not have any maintenance and/or repair records.
Dated: June 15, 2019
Brooklyn, New York
/s/ Hattie F. Ragone _________
Attorney for Defendant
LINDO AMANECER GROCERY CORP.
26 Court Street, Suite 1611
Brooklyn, New York 11242
(718) 715-4488
2 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
MARIA ARGUETA CRUZ, Index No: 154432/18
Plaintiff, RESPONSE TO
DEFENDANT 173 BROADWAY
-against- ASSOCIATES, LLC’ NOTICE FOR
DISCOVERY & INSPECTION
173 BROADWAY ASSOCIATES, LLC, and
LINDO AMANECER GROCERY CORP.,
Defendants,
-------------------------------------------------------------------X
The Defendant, LINDO AMANECER GROCERY CORP, in response to Defendants 173
Broadway Associates, LLC, Notice for Discovery & Inspection., submits as follows:
1. Not applicable, demand should properly addressed to Plaintiff’s counsel for accurate
and legible copies of the entire legal file relating to and including the instant matter,
excluding privileged materials, but including and not limited to any and all pleadings,
Bill of Particulars, Examination Before Trial transcripts, hearing transcripts, medical
records/reports and Discovery and Inspection Demands and Responses which relate to
said action.
2. The names and address of attorneys who have appeared are as follows:
Subin Associates, LLP
Plaintiff Attorney
150 Broadway
New York, New York 10038
Hickey Smith LLP
Attorney For Defendant
173 BROADWAY ASSOCIATES
1040 Avenue of the Americans
New York, New York 10018
Hattie F. Ragone, Esq.
Attorney For Defendant
LINDO AMANECER GROCERY
3 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
26 Court Street
Brooklyn, New York 11242
3. Not applicable, Defendant is not in possession of any statements.
4. Not applicable, Defendant is not in possession of any written reports concerning the
alleged accident and or incident.
5. Not applicable, Defendant is not in possession of any police reports.
6. Not applicable, Defendant is not in possession of any maintenance and or repair,
violation, complaints, permits and or work orders.
Dated: June 15, 2019
Brooklyn, New York
/s/ Hattie F. Ragone _________
Attorney for Defendant
LINDO AMANECER GROCERY CORP.
26 Court Street, Suite 1611
Brooklyn, New York 11242
(718) 715-4488
4 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
MARIA ARGUETA CRUZ, Index No: 154432/18
Plaintiff, VERIFED BILL OF
PARTICULARS AS TO
-against- AFFIRMATIVE DEFENSES
173 BROADWAY ASSOCIATES, LLC, and
LINDO AMANECER GROCERY CORP.,
Defendants,
-------------------------------------------------------------------X
Defendant LINDO AMANECER GROCERY CORP., by their attorney Hattie F. Ragone,
Esq., in response to the demand for a Verified Bill of Particulars as to Affirmative Defenses
made by the Defendant 173 BROADWAY ASSOCIATES, LLC, hereby state as the follows
upon information and belief:
1. Defendant LINDO AMANECER GROCERY CORP. is not entitled to contribution
and or indemnification in the above action.
2. Not applicable.
3. Set forth separately and in detail as to each of the following enumerated subdivision
those exact acts or omission by 173 BROADWAY ASSOCATES, LLC, which
LINDO AMANCER GROCERY CORP. is asserting against 173 BROADWAY
LLC:
a. Negligence;
b. Recklessness;
c. Carelessness;
d. Breach of duty;
5 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
e. Breach of statute;
f. Breach of express warranty;
g. Breach of implied warranty
h. Breach of contract implied by law;
i. Other Culpable conduct:
4. Not Applicable, this demand of injury and damages demands allegedly sustained by
Plaintiff should be properly addressed to Plaintiff.
5. Not Applicable as this answering Defendant in that this answering Defendant did not
have custody and control of the area where the Plaintiff alleges the occurrence took
place.
PLEASE TAKE NOTICE, that defendant reserves the right to supplement the above
responses during discovery up to a sufficient time prior to and including the trial of this
action.
Dated: June 15, 2019
Brooklyn, 2019
/s/ Hattie F. Ragone _________
Attorney for Defendant
LINDO AMANECER GROCERY CORP.
26 Court Street, Suite 1611
Brooklyn, New York 11242
(718) 715-4488
7.
6 of 7
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019
STATE OF NEW YORK }
COUNTY OF RICHMOND }
Carissa McFadden, being duly sworn, deposes and says:
I am not a party to this action, am over eighteen (18) years of age, and reside in Staten
Island, New York 10307.
On the 15 day of June 2019 I personally served a true copy of the within, RESPONSE TO
COMBINED DEMANDS, RESPONSE TO NOTICE OF INSPECTION & VERIFIED BILL OF
PARTICULARS by mailing same in a sealed envelope, with postage prepaid thereon in a post
office or official depository of the United States Postal Service within the State of New York
addressed to the last known address of the addressee(s) as indicated below:
Subin Associates, LLP
Plaintiff Attorney
150 Broadway
New York, New York 10038
Hickey Smith LLP
Attorney For Defendant
173 BROADWAY ASSOCIATES
1040 Avenue of the Americans
New York, New York 10018
Hattie F. Ragone, Esq.
Attorney For Defendant
LINDO AMANECER GROCERY
26 Court Street
Brooklyn, New York 11242
Carissa McFadden
Sworn to before me this
15 day of June 2019
Notary Public
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X MARIA ARGUETA CRUZ, Index No: 154432/18 Plaintiff, RESPONSE TO DEFENDANT 173 BROADWAY -against- ASSOCIATES, LLC’S COMBINED DEMANDS 173 BROADWAY ASSOCIATES, LLC, and LINDO AMANECER GROCERY CORP., Defendants, -------------------------------------------------------------------X The Defendant, LINDO AMANECER GROCERY CORP, in response to Defendants 173 Broadway Associates, LLC, Combined Demands., submits as follows: 1. Not applicable, Defendant is not in possession of any unsigned statement, video statement or recorded statements made by or taken by 173 Broadway Associates, LLC, 2. Not applicable, Defendant is not in possession of any signed statement, video statement or recorded statement made by or taken by Defendants in this action or by the Plaintiff. 3. Not applicable, Defendant is not in possession of an expert witness. 4. Not applicable, Defendant is not in possession of an expert witness. 5. Not applicable, Defendant is not in possession of an expert witness. 6. Not applicable, Defendant is not in possession of an expert witness. 7. Not applicable, Defendant is not in possession of an expert witness. 8. Not applicable, Defendant is not in possession of any photographs. 9. Not applicable, Defendant is not in possession of any witnesses. 10. Not applicable, Defendant does not have any insurance information. 11. Not applicable, Defendant does not have any contracts. 1 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 12. Not applicable, Defendant does not have any maintenance and/or repair records. Dated: June 15, 2019 Brooklyn, New York /s/ Hattie F. Ragone _________ Attorney for Defendant LINDO AMANECER GROCERY CORP. 26 Court Street, Suite 1611 Brooklyn, New York 11242 (718) 715-4488 2 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X MARIA ARGUETA CRUZ, Index No: 154432/18 Plaintiff, RESPONSE TO DEFENDANT 173 BROADWAY -against- ASSOCIATES, LLC’ NOTICE FOR DISCOVERY & INSPECTION 173 BROADWAY ASSOCIATES, LLC, and LINDO AMANECER GROCERY CORP., Defendants, -------------------------------------------------------------------X The Defendant, LINDO AMANECER GROCERY CORP, in response to Defendants 173 Broadway Associates, LLC, Notice for Discovery & Inspection., submits as follows: 1. Not applicable, demand should properly addressed to Plaintiff’s counsel for accurate and legible copies of the entire legal file relating to and including the instant matter, excluding privileged materials, but including and not limited to any and all pleadings, Bill of Particulars, Examination Before Trial transcripts, hearing transcripts, medical records/reports and Discovery and Inspection Demands and Responses which relate to said action. 2. The names and address of attorneys who have appeared are as follows: Subin Associates, LLP Plaintiff Attorney 150 Broadway New York, New York 10038 Hickey Smith LLP Attorney For Defendant 173 BROADWAY ASSOCIATES 1040 Avenue of the Americans New York, New York 10018 Hattie F. Ragone, Esq. Attorney For Defendant LINDO AMANECER GROCERY 3 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 26 Court Street Brooklyn, New York 11242 3. Not applicable, Defendant is not in possession of any statements. 4. Not applicable, Defendant is not in possession of any written reports concerning the alleged accident and or incident. 5. Not applicable, Defendant is not in possession of any police reports. 6. Not applicable, Defendant is not in possession of any maintenance and or repair, violation, complaints, permits and or work orders. Dated: June 15, 2019 Brooklyn, New York /s/ Hattie F. Ragone _________ Attorney for Defendant LINDO AMANECER GROCERY CORP. 26 Court Street, Suite 1611 Brooklyn, New York 11242 (718) 715-4488 4 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X MARIA ARGUETA CRUZ, Index No: 154432/18 Plaintiff, VERIFED BILL OF PARTICULARS AS TO -against- AFFIRMATIVE DEFENSES 173 BROADWAY ASSOCIATES, LLC, and LINDO AMANECER GROCERY CORP., Defendants, -------------------------------------------------------------------X Defendant LINDO AMANECER GROCERY CORP., by their attorney Hattie F. Ragone, Esq., in response to the demand for a Verified Bill of Particulars as to Affirmative Defenses made by the Defendant 173 BROADWAY ASSOCIATES, LLC, hereby state as the follows upon information and belief: 1. Defendant LINDO AMANECER GROCERY CORP. is not entitled to contribution and or indemnification in the above action. 2. Not applicable. 3. Set forth separately and in detail as to each of the following enumerated subdivision those exact acts or omission by 173 BROADWAY ASSOCATES, LLC, which LINDO AMANCER GROCERY CORP. is asserting against 173 BROADWAY LLC: a. Negligence; b. Recklessness; c. Carelessness; d. Breach of duty; 5 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 e. Breach of statute; f. Breach of express warranty; g. Breach of implied warranty h. Breach of contract implied by law; i. Other Culpable conduct: 4. Not Applicable, this demand of injury and damages demands allegedly sustained by Plaintiff should be properly addressed to Plaintiff. 5. Not Applicable as this answering Defendant in that this answering Defendant did not have custody and control of the area where the Plaintiff alleges the occurrence took place. PLEASE TAKE NOTICE, that defendant reserves the right to supplement the above responses during discovery up to a sufficient time prior to and including the trial of this action. Dated: June 15, 2019 Brooklyn, 2019 /s/ Hattie F. Ragone _________ Attorney for Defendant LINDO AMANECER GROCERY CORP. 26 Court Street, Suite 1611 Brooklyn, New York 11242 (718) 715-4488 7. 6 of 7 FILED: NEW YORK COUNTY CLERK 06/17/2019 10:23 AM INDEX NO. 154432/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/17/2019 STATE OF NEW YORK } COUNTY OF RICHMOND } Carissa McFadden, being duly sworn, deposes and says: I am not a party to this action, am over eighteen (18) years of age, and reside in Staten Island, New York 10307. On the 15 day of June 2019 I personally served a true copy of the within, RESPONSE TO COMBINED DEMANDS, RESPONSE TO NOTICE OF INSPECTION & VERIFIED BILL OF PARTICULARS by mailing same in a sealed envelope, with postage prepaid thereon in a post office or official depository of the United States Postal Service within the State of New York addressed to the last known address of the addressee(s) as indicated below: Subin Associates, LLP Plaintiff Attorney 150 Broadway New York, New York 10038 Hickey Smith LLP Attorney For Defendant 173 BROADWAY ASSOCIATES 1040 Avenue of the Americans New York, New York 10018 Hattie F. Ragone, Esq. Attorney For Defendant LINDO AMANECER GROCERY 26 Court Street Brooklyn, New York 11242 Carissa McFadden Sworn to before me this 15 day of June 2019 Notary Public 7 of 7