FILED: RICHMOND COUNTY CLERK 12/22/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 12/22/2017

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2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X JANE DOE, an infant by her mother and guardian, TARA NALLY and TARA NALLY, COMBINED DEMANDS Individually, Index No.: /2016 Plaintiffs, - against - CAFÉ DEL MONDO and 442 RICHMOND CORPORATION, Defendants X PLEASE TAKE NOTICE that the plaintiffs demand that the defendants, CAFÉ DEL MONDO and 442 RICHMOND CORPORATION, produce and allows discovery and inspection to be made by the plaintiffs' attorneys of: 1. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR 3101(a) and R.3120 (a) and the case of Zellman v. Metropolitan Transportation Authority, 40 A.D.2nd 248, 339 N.Y.S.2d 255, that you set forth in writing and under oath the names and addresses of each person claimed by any party you represent to be a witness to any of the following: (a) The occurrence alleged in the complaint; (b) Any acts or conditions which have been alleged as causing the occurrence alleged in the complaint; (c) The names and addresses of any witnesses to the acts or conditions substantiating the alleged affirmative defenses plead in your answer; (d) The names and addresses of any individuals who commenced legal action for injuries sustained as a result of the occurrence complained of in the instant action. I

3 If no such witnesses are known to any party you represent, so state in the sworn reply to this demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. PLEASE TAKE FURTHER NOTICE, that if any party you represent or its representatives, obtain names and addresses of persons who witnessed the occurrence alleged in the complaint or the acts, notice or conditions substantiating the alleged affirmative defenses or have first hand knowledge of such facts subsequent to the service of this notice, this information is to be furnished to the plaintiff, whenever obtained. The plaintiff will object at the time of trial to the testimony of any persons not so identified. 2. DEMAND FOR DOCUMENTS AND/OR INFORMATION PLEASE TAKE FURTHER NOTICE, that undersigned demands on behalf of the plaintiffs, that pursuant to CPLR Article 31, you produce at the time and place above specified and permit the undersigned to discover, inspect, photograph and copy each and every: a) Name and address of the company and/or companies that installed the subject landing and staircase at 2530 Victory Boulevard, Staten Island, NY b) The date when the subject landing and staircase was installed. c) If the subject landing and staircase was modified and/or repaired after it was initially installed, the name and address of the company and/or companies that performed the modification and/or repair. d) The date when the subject landing and staircase was modified and/or repaired. e) Copies of all documents, logs, minutes, contracts, receipts, work orders, bills, invoices regarding any installation, repair and/or modification work to the subject landing and staircase. f) Copies of any complaints regarding the subject landing and staircase for a period of three (3) years prior to and including the date of the accident. 2

4 g) The names and last known addresses of any persons to whom complaints were made regarding the subject landing and staircase for a period of three (3) years prior to and including the date of the accident. h) Any and all accident reports for incidents concerning the subject landing and staircase for a period of three (3) years prior to and including the date of the accident. i) Copies of any documents regarding maintenance of the subject landing and staircase. j) All certificates of occupancy for the subject property from the dates that the defendants took ownership and/or began accident. tenancy up to and including the date of the 3. DEMAND FOR CONSULTING ENGINEERS PLEASE TAKE NOTICE that a demand is hereby made for the full name and address of any consulting engineers hired on behalf of the owner and any construction engineers hired on behalf of the general contractor and/or any defendant. 4. DEMAND FOR COMPLAINTS PLEASE TAKE FURTHER NOTICE, that undersigned demands on behalf of the plaintiff that pursuant to CPLR Article 31, you produce at the time and place above specified and permit the undersigned to discover, inspect, photograph and copy each and every: a) Copies of all reports regarding accidents or incidents involving personal injury that occurred as a result of accidents on the subject landing and staircase, for a period of three (3) years prior to and including the date of accident. b) Copies of all complaints, tickets, violations, summonses and citations regarding the subject landing and staircase for a period of three (3) years prior to and including the date of accident. c) Copies of any and all reports on investigations regarding the subject accident. 3

5 5. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE, that the undersigned demands upon behalf of the plaintiff in this action that pursuant to CPLR Article 31, you produce at the time and place above specified and permit the undersigned to discover, inspect and copy each and every statement made or taken by each party and his, her, or its agents, servants or employees now in your possession, custody or control or in the possession, custody or control of any party you represent in this action, if any such statement in any matter bears on the issues in this action. If no such statement is in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. PLEASE TAKE FURTHER NOTICE, that if this pertains to a construction case, defendants are to provide a copy of the employers report of the incident and any and all incident reports, job superintendent reports and any reports and/or investigations performed by consulting engineers hired by the general contractor or other party on the construction site, all statements obtained by any party to this litigation from the plaintiffs, a copy of any recorded interviews with the claimant/plaintiff by the compensation carrier. 6. DEMAND FOR DISCOVERY AND INSPECTION OF INSURANCE COVERAGE PLEASE TAKE FURTHER NOTICE, that pursuant to the provisions of 3101 of the Civil Practice Law and Rules, any party you represent is required to serve upon the undersigned at the time and place specified above the declaration and coverage pages of any and all contracts of insurance and insurance policies, including the primary insurance policy of any party you represent, as well as reinsurance and/or excess liability, "umbrella," or "catastrophe" policies of any party you represent, the spouse of any party you represent or any relative residing with any 4

6 party you represent, for liability on November 28, 2015, giving the name and addresses of each insurance carrier, the policy numbers thereof, the dates of coverage and/or policy periods, and the amounts of such and each policy coverage. If, after investigation, no such reinsurance, excess liability, "umbrella," or "catastrophe" policies are found to exist, so state in a sworn reply to this demand. 7. DEMAND FOR PHOTOGRAPHS, AUDIO TAPES, SLIDES, VIDEO TAPES AND MOTION PICTURES PLEASE TAKE FURTHER NOTICE, that undersigned demands on behalf of the plaintiff, that pursuant to CPLR Article 31, you produce at the time and place above specified and permit the undersigned to discover, inspect, photograph and copy each and every photograph, audio tapes, slides, videotapes, surveillance films, movie films, motion pictures or any type of video or moving picture reproduction of the plaintiffs taken by the opposing counsel or their representative or any other entity in defendant's custody, possession or control depicting the following: a) The location where it is alleged that the occurrence complained of took place; b) The condition complained of in the complaint; c) Any vehicles involved in the occurrence depicting said vehicles after the occurrence; d) The plaintiff; e) Any actions or activities of the plaintiff; f) The injuries sustained by the plaintiff; g) The location of the plaintiffs accident for a period of 24 hours prior to and including the time of the accident; h) The accident. If no such photographs, slides, video or motion pictures are in the possession, custody or 5

7 control of any parties you represent in this action, so state in the sworn reply to this demand. 8. DEMAND FOR ACCIDENT REPORT PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101 and the case of Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (2d Dept. 1981), that the undersigned demands upon behalf of the plaintiff in this action that you produce at the time and place above specified and permit the undersigned to discover, inspect and copy each and every written report of the occurrence which is the subject matter of this action, prepared in the regular course of business operations or practices of any party you represent, or persons or firms acting on behalf of any party you represent. If no such report is in existence, so state in the sworn reply to this demand. PLEASE TAKE FURTHER NOTICE that if this pertains to a construction case, defendants are to provide copies of the written reports of the subject accident prepared in the course of business operations or practices of the defendants and/or the defendants' servants, agents and/or employees. PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the plaintiff in this action, that you produce at the time and place specified, and permit the undersigned to discover, inspect, and photocopy each and every record of inspection, maintenance, request for repair and repair at the area of the condition(s) complained of in the complaint during the three (3) year period prior to and including the date of the occurrence within including, but not limited to, written requests, authorizations, permits, permit applications, work orders, cut forms, contracts, logs, log books, letters, charts, maps, diagrams and/or repair orders. This is also to include janitorial inspection reports, building inspection managers and 6

8 superintendent's reports for a period of three (3) years prior to and including the date of accident, November 28, DEMAND FOR CONTRACTS PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the plaintiff in this action, that you produce at the time and place specified, and permit the undersigned to discover, inspect and copy each and every contract between any of the parties to this action including: a) The lease in effect as of the date of the accident between the defendants. 10. REQUEST FOR DISCLOSURE OF EXPERT WITNESS INFORMATION PURSUANT TO CPLR RULE 3101(D) PLEASE TAKE NOTICE, that pursuant to Rule 3101(d) of the Civil Practice Law and Rules, the undersigned hereby requests that you produce, within twenty (20) days after service of this request, at the Law Offices of TALISMAN & DELORENZ, P.C., 362 Knickerbocker Avenue, Nesv York the following information: a) Identify each person the party upon whom this request is served expects to call as an expert witness at the trial of the action. b) The subject matter in reasonable detail upon which each expert named above is expected to testify at the trial of the action. c) The substance of the facts and opinions upon vvhich each expert named above is expected to testify at the trial of the action. d) The complete qualifications of each expert named above. e) A summary of the grounds for the opinion of each expert named above. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands up to and including the time of trial, and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. 7

9 PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, a motion will be made for an Order to Strike your Answer, with costs. Dated: Brooklyn, New York November 28, 2016 Yours, etc., TALISMAN & ELORENZ, P.C. By: Robe. Abruzzino Atto leys for Plaintiff 362 Knickerbocker Avenue TO: Brooklyn, New York (212) File No.: 7830 LESTER SCHWAB KATZ & DWYER, LLP Attorneys for Defendant 442 RICHMOND CORPORATION 100 Wall Street New York, NY 1005 (212) WEINER, MILLO, MORGAN & BONANNO, LLC Attorneys for Defendant 2530 VBSI RESTAURANT, INC. d/b/a CAFÉ DEL MONDO 10"' 220 Fifth Avenue, Floor New York, NY (212)

10 AFFIDAVIT OF SERVICE STATE OF NEW YORK) ss: COUNTY OF KINGS) Mark Vessio, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Nassau County in the State of New York. I served a true copy of DEMAND FOR VERIFIED BILL OF PARTICULARS, COMBINED DEMANDS, COMBINED RESPONSE and VERIFIED BILL OF PARTICULARS on November 29, 2016, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: LESTER SCHWAB KATZ & DWYER, LLP Attorneys for Defendant 442 RICHMOND CORPORATION 100 Wall Street New York, NY 1005 (212) WEINER, MILLO, MORGAN & BONANNO, LLC Attorneys for Defendant 2530 VBSI RESTAURANT, INC. d/b/a CAFÉ DEL MONDO 10"' 220 Fifth Avenue, Floor New York, NY (212) Sworn to befor e this 29"' day of No ch i er, 2016 MARK VESSIO Notary Public ha"i:i'-,' i',,:;(...tqyi,,o cn L>i, i.)., ~g< I

11 Index No.: /2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND JANE DOE, an infant by her mother and guardian, TARA NALLY and TARA NALLY, Individually, Plaintiff, -against- CAFÉ DEL MONDO and 442 RICHMOND CORPORATION, Defendants. DEMAND FOR VERIFIED BILL OF PARTICULARS, COMBINED DEMANDS, COMBINED RESPONSE and VERIFIED BILL OF PARTICULARS TALISMAN & DELORENZ, P.C. Attorneys for Plaintiff 362 Knickerbocker Avenue New York, New York (212)