FILED: KINGS COUNTY CLERK 08/18/ :11 PM INDEX NO /2016 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/18/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ALLEN DAVIDSON, -against- Plaintiff, UNION AVE LLC and SUN SUN CONTRACTING INC., Index No /2016 PLAINTIFF'S RESPONSE TO DEFENDANT UNION AVE LLC'S DISCOVERY DEMANDS Defendants. SUN SUN CONTRACTING, INC., Third-Party Plaintiff, -against- MANNY P. CONCRETE COMPANY, INC., Third-Party Defendant. Plaintiff, ALLEN DAVIDSON ("Plaintiff"), by its attorneys, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, hereby responds to the Combined Demands of Defendant, UNION AVE LLC ("Owner" or "Defendant") dated April 4, 2017, as follows: GENERAL OBJECTIONS To avoid undue and unnecessary repetition, Plaintiff makes the following general and continuing objections to the Demands. All general and continuing objections apply to the response to each request in the Demands, and specific references to these objections in any particular response is intended for emphasis only. Failure to list the general and continuing objection is not intended, nor should it be construed, as a waiver of that objection. 1 of 7

2 1. Plaintiff objects as unauthorized by and beyond the scope of the Civil Practice Law and Rules (CPLR) to the Demands to the extent that they are not in accordance with the CPLR. 2. To the extent that the Demands seek information that can be obtained from the documents already in Defendant's custody, Defendant is respectfully referred to those documents to obtain information equally available to all parties. 3. Plaintiff objects to the Demands insofar as they seek, or can be construed to seek, the disclosure of information protected from discovery because the response would reflect the impressions, conclusions, opinions or legal research or theories of Plaintiff s attorneys. Plaintiff will not produce any such information. 4. Plaintiff objects to the Demands to the extent that they seek information which is neither relevant to the issues of law and fact in this action nor reasonably calculated to lead to the discovery of admissible evidence. 5. Plaintiff objects to the Demands to the extent that they seek to require Plaintiff to obtain information in the custody and control of any entity or individual over whom Plaintiff has no control. 6. Plaintiff reserves the right to challenge the relevancy, materiality and admissibility of, or to object on the grounds to, the use of any of the responses to the Demands produced in any subsequent proceeding or the trial of this or any other action. 7. Plaintiff s search for information is ongoing. Plaintiff reserves the right to rely on any facts, documents or any other evidence that may be developed or come to Plaintiff's attention subsequent hereto. Plaintiff s responses, as set forth herein, are based upon information presently known to Plaintiff and its attorneys. Plaintiff s responses are set forth herein without 2 of 7

3 prejudice to Plaintiff's rights to assert additional objections or supplemental responses should Plaintiff discover additional information or grounds for objections. Plaintiff reserves the right to supplement or amend these responses at any time prior to the trial of this action, and Plaintiff will supplement these responses to the extent required by the CPLR. 8. Plaintiff objects to the Demands to the extent that they can be construed to request information or any document created on or after the date the litigation commenced as such documents are protected as attorney work product. RESPONSES TO DEMAND FOR DOCUMENTS TO ALL PARTIES 1. Subject to and without waiving any objections, responsive documents in 2. Plaintiff objects to this demand in that the term "replacement contractors" is vague and ambiguous. Subject to and without waiving any objections, Plaintiff is not in possession of documents responsive to this demand. 3. Subject to and without waiving any objections, responsive documents in 4. Plaintiff is not in possession of documents responsive to this demand. 5. Plaintiff objects to this demand in that the term "subsequent contracts" is vague and ambiguous. Subject to and without waiving any objections, responsive documents in 6. Plaintiff is not in possession of documents responsive to this demand. 3 of 7

4 RESPONSES TO NOTICE OF DISCOVERY AND INSPECTION TO ALL PARTIES 1. Plaintiff does not currently know the names and addresses of all witnesses. Subject to and without waiving any objections, Plaintiff states the following upon information and belief: a. R. Herschlag PE, 521 Ludlow Street, Easton, PA b. Allen Davidson 397 South 2nd Street, Brooklyn, NY, c. Irina Davidson 397 South 2nd Street, Brooklyn, NY, d. Robert Barnes PE 61 Main Street, Sayreville NJ 08872, or a representative of his firm. e. Chris Anastos, address unknown. f. Maria Torres, neighboring property of the Adjacent Premises. g. Michael Schlegal, address unknown. 2. Plaintiff is not currently in possession of any statements made by Defendant. 3. Subject to and without waiving any objections, responsive documents in Plaintiff s possession, custody or control are included in the document production on the 4. Subject to and without waiving any objections, responsive documents in Plaintiff s possession, custody or control are included in the document production on the 5. Subject to and without waiving any objections, responsive documents in Plaintiff s possession, custody or control are included in the document production on the 4 of 7

5 6. Subject to and without waiving any objections, responsive documents in 7. Plaintiff has not yet retained any expert witness to provide testimony at trial in this action. Upon the retention of any such expert witness, plaintiff will timely serve expert disclosures in accordance with the requirements of CPLR 3101(d). demand. demand. 8. Plaintiff is not in possession of documents or information responsive to this 9. Plaintiff is not in possession of documents or information responsive to this RESPONSE TO DEMAND FOR EXPERT INFORMATION TO ALL PARTIES 1. Plaintiff has not yet retained any expert witness to provide testimony at trial in this action. Upon the retention of any such expert witness, plaintiff will timely serve expert disclosures in accordance with the requirements of CPLR 3101(d). RESPONSE TO DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES Parties. 1. See Response No. 1 to Responses To Notice Of Discovery And Inspection To All Parties. RESPONSE TO DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED 1. See Response No. 2 to Responses To Notice Of Discovery And Inspection To All RESPONSE TO DEMAND FOR INCIDENT/ACCIDENT REPORTS 1. Plaintiff objects to this demand in that it seeks privileged information. Subject to and without waiving any objection, Plaintiff is not in possession of non-privileged documents or information responsive to this demand. 5 of 7

6 RESPONSE TO DEMAND FOR INSURANCE INFORMATION 1. Plaintiff objects to this demand in that it seeks information that is utterly irrelevant to this lawsuit. Subject to and without waiving any objection, Plaintiff is not in possession of documents responsive to this demand. RESPONSE TO DEMAND FOR PHOTOGRAPHS TO ALL PARTIES 1. Subject to and without waiving any objections, responsive documents in RESPONSE TO DEMAND FOR ALL PRIOR PLEADINGS, TRANSCRIPTS AND PROCEEDINGS 1. Please refer to NYSCEF. Dated: New York, New York August n 2017 INGRAM YUZEK GAINEN CARROLL & BERTOLOTTI, LLP By: /s/maurizioanglani Larry F. Gainen Maurizio Anglani Attorneys for Plaintiff 250 Park Avenue New York, New York Telephone: (212) To: Anthony Pagliuca, Esq. Cascone & Kluepfel, LLP Attorneys for Defendant Union Ave LLC 1399 Franklin Ave, Ste. 302 Garden City, New York of 7

7 Jana Sperry, Esq. Law Office of James J. Toomey Attorneys for Third-Party Defendant Manny P. Concrete Company, Inc. 485 Lexington Avenue, 7 th Floor New York, New York Christopher R. Invidiata, Esq. Morris Duffy Alonso & Faley Attorneys for Defendant Sun Sun Contracting Inc. Two Rector Street New York, New York of 7