Re: Yick Tak Cheung, et all, No

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1 FILED: NEW YORK COUNTY CLERK 05/22/ :59 AM INDEX NO /2012 NYSCEF DOC. NO. 228 RECEIVED NYSCEF: 05/22/2015 MICHAEL A. CARDOZO Corporalion Counsel THE CITY OF NEW YORK LA\ry DEPARTMENT IOO CHURCH STREET NEW YORK, NY IOOOT JONATHAN SHBRWIN Special Assistant Corporation Counsel Phone: (212) May 22,2015 LAW OFFICE OF MARY T. DEMPSEY, P.C Attorneys for Plaintiffs 40 Wall Street - 28th floor New Yorko New York Re: Yick Tak Cheung, et all, No Dear Counsel Please find an updated response to the City's below-responses to Plaintiffls December 27,2072 Discovery Demdnds: GENERAL OBJECTIONS: 1 2. The City objects to these Demands to the extent that they purport to impose obligations on the City other than those imposed or authorized by the CPLR. Further, the City specifically objects to these Demands to the extent they request information not "mateiial and nscessary" to the defense or prosecution of an action, as set forth in CPLR $ 3101(a), The City objects to these Demands to the extent that they ale palpably improper, vague, overbroad, and unduly burdensome in that each demand "fails to specify the doõuments to be disclosed with reasonable particularity." See Conway v. Bayley Seton Hosp.,l04 A.D.2d 1018, 1019 (2d Dep't 19S4) (holding that discovery and inspection of records which were not limited in terms were overly broad inasmuch as they "could be read to include a myriad of irrelevant items"); Andrews v. Trustco Bank, , 913 (3d Dep't 2001) (holding that requests for "all,.. materials" ^.D.2d and "all memorandum, cortespondence, and work papers" are "overbroad, seek irrelevant information and impose an undue burden"); Finn v. Town of Southampton,266 A.d.zd 429 (2d Dep't 1999); Harrison v. Bayley Seton Hosp., 247

2 A.D.2d 513 (2dDep't l99s); Blum v. Allied Hardware. Inc.,237 A.D.2d 492 (2d Dep't 1997);Andrews v. Trustco Bank,289 A.D.2d 910,913 (3d Dep't 2001); Related Companies v. Bishops Services, Inc., l7l A.D'zd421 (lst Dep't 1991); Amerisan Reliance Insurance Co.,174 ^.D,2d 591 (2d Dep't 1991). J 4 5 The City objects to these Demands to the extent that they exceed the scope of discovery required of the City, absent some showing, as set forth in the Case Scheduling Order entered into in this case, which requires that the City provide records from the designated agency or agencies for the incident at issue in this case, witness statements (limited as set forth in the Case Scheduling Order), and maintenance records where applicable. No showing whatsoever has been made of the relevance of the requested discovery. In providing these objections and responses to these Demands, The City of New York does not in any way waive or intend to waive but intends to preserve and is preserving: (i) all objections as to vagueness, ambiguity and undue burden; (ii) all objections as to materiality, relevance and admissibility of any document or information produced in response to these Demands, or the subject matter thereof; and (iii) all rights to object on any ground to the use of any of said documents or information, or the subject matter thereof, in any subsequent proceedings, including the trial of this or any other action. These general objections are incorporated into each ofthe specific responses to these Demands and shall be deemed continuing as to each Demand and are not waived, nor in any way limited by, specific responses DEMANDS & RESPONSES 28 All documents relating to violations issued to NRC in connection with work at the Degraw and Columbia Streets Site. Answer: request as it is not the proper party equipped or responsible for providing this information and is not obliged to answer at this time. Over objections, after athorough search of City records, there appears to be no responsive documents. Please find the attached response from the 29. All documents relating to violations issued to Caldwell Marine International in connection with work at the Degraw and Columbia Streets Site'.)

3 Answer: request as it is not the proper party equipped or responsible for providing this information and is not obliged to answer at this time' Over objections, after a thorough search of City records, there appears to be no responsive documents. Please find the attached response from the 30. All documents relating to violations issued to Zhang in connection with 183 Columbia' Answer: request as it is not the ploper party equipped or responsible for providing this information and is not obliged to answer at this time. Over objections, after a thorough search of City records, there appears to be no responsive documents. Please find the attached fesponse from the 31. All documents relating to violations issued to Cheung in connection with 185 Columbia Street. Answer: request as it is not the propef party equipped or responsible for providing this information and is not obliged to answer at this time, Over objections, after a thorough search of City records, there appears to be no responsive documents. Please find the attached response from the Dated: May 22,2015 Sincerely yours, Jonathan Sherwin Special Assistant Corporation Counsel -3-

4 CC: HITCHCOCK & CUMMINGS, LLP Attorneys for D efendant/third-party P laintiff/ Second Third-Party Plaintiff Northeast Remsco Construction, Inc. 120 V/est 45th Street # 405 New York, New York LAV/ OFFICE OF LORI D. FISHMAN Attorneys for Third-Party Defendant Brierley Associates, LLC 120 White Plains Road, Suite 220 Tarrytown, New York L'ABBATE BALKAN COLAVITA Attorneys for Third-Party Defendant lfourth Party Plaintiff D & B Engineers & Architects, P.C. l00l Franlilin Avenue,3'd Floor Garden City, NY I1530 SMITH MAZURE DIRECTOR WILKINS YOLING & YAGERMAN, P.C. Attorneys for Defendant Nicholson Construction Company llljohnstreet New York, New York GOGICK, BYRNE & O'NEILL, LLP Attorneys for Fourth-Party Defendant Gannett Flemming Engineers and Architects, P.C. I I Broadway, Room 1560 New York, New York MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Second Third-larty Defendant / Third Third-Party Plaintiff Defendant Hazen & Sawyer, P.C. 3 Barker Avenue, 6th Floor White Plains, NY

5 NEW YONK CITY ffiwffi Department of TransPortation MEMORANDUM POLLY TROTTËN BERG, Commissioner TO: FROM RE: New York CitY Law DePartment Jeremy John, Litigation Services f,fti- CASE NAME: CHEUNG, YICK TAK, ET AL. VS CITV OF NEW YORK, ET AL Case No: DOA: Search Period: llllz}t1 to 3/8/2015 Location: Degraw Street and Columbia Street Borough: BrooklYn DÃTE: 4/10/2015 Requested a) All documents relating to violations issued to North East Remco construction in connçction with work at the Degraw and Columbia Streets Site' b) Alt documents relating to violations issued to caldwell Marine International in connection with ' work at the Degraw and Columbia Streets Site' c) All documents rolating to violations issued to Hao Dong Zhang(the owner of 183 Columbia Street) in connection with 183 or 185 Columbia Street' d) All documents relating to violations issued to Yik tak cheung or Yeung Sun Poultry Market / (the owner of 185 ðoio*uiu Street) in connection with 183 or I 85 Columbia Street' Response: No records fowrd. Now York City DeparÚment of transpoltation Dlvlsion of Lægal Äffalrs Litluation Sçrvlces nd Records Management ss üatø Srreet - 4'h Floor NcwYork,NY Tt

6 æer t{att r: cr: T12-ü4?7T1 - CHEUNG. YICK TAK, ET AL VS CiTY i}f NËW YTRK. ËT AL ranspûrlation, Departrnent of, NYÜ of tl\r ort allillgating Un*l 2j3t,2ü11 û112üû5 ûng TAnllËSHA sj2ü ransportatton, Ûepa ong lisa@.dat 'l üs - TypË Fbce Nane, 1 lntèrs cìian,cûrner OF DEGRAW AþlÐ CÛLUFTIBIA STREET Direction - Borough :Bfos qin Ncne locafisns Dclcurnent Requests Witness RÊquests DÕc-ljrñents