FILED: NEW YORK COUNTY CLERK 01/08/ :16 AM INDEX NO /2016 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/08/2018

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â â â â -- â - - X THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, COMBINED DEMANDS -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., Defendants. S I R S : PLEASE TAKE NOTICE, that BARTLETT LLP hereby serves the following: (1) Notice to Take Deposition; (2) Demand for Names of Witnesses; (3) Demand for Statements; (4) Demand for Photographs and Movies; (5) Demand for Accident Reports; (6) Demand for Economic Experts; (7) Demand for Social Media Information; (8) Notice to Preserve Electronic Evidence; (9) Notice to Decline FBEM. (10) PLEASE TAKE FURTHER NOTICE, that all demands are continuing and your 1 of 20

2 responses must be supplemented accordingly. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: r/4 h Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: To: ALL PARTIES 2 of 20

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â â â â â â â THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, NOTICE TO TAKE DEPOSITION -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., Defendants. X S I R S : PLEASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: PLAINTIFF: The American Insurance Company and/or Anna Bernstein DATE: April 4, 2018 TIME: 10:00 A.M. PLACE: Offices of BARTLETT LLP PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to 3 of 20

4 produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: /(4464 7f4w 4 Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: To: ALL PARTIES 4 of 20

5 Plaintiff, DEMAND FOR NAMES OF WITNESSES SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â â â â â â â - THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., S I R S : Defendants. PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned demands that you produce within twenty (20) days the following items for discovery and inspection. 1. The name and address of each person claimed to be a witness to the following: (a) The occurrence alleged in plaintiffs complaint; (b) Any acts, omissions or conditions which allegedly caused the occurrence; (c) The nature and duration of any alleged condition which caused said occurrence; (d) Any actual notice given to the defendant or claimed to be given to the defendant. If no such witnesses are known to you, then so state under oath in reply to this demand. The undersigned will object at the time of trial to the testimony of any persons not so identified, 5 of 20

6 PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and supplemental responses up to the time of trial are required. Failure to provide the aforesaid items within twenty (20) days after receipt of this notice will leave you subject to the provisions of the CPLR. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: WVtkF Weed To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, DEMAND FOR STATEMENTS -against- FOUNDATIONS GROUP, INC., BEST PLUMBlNG & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., Defendants. X S I R S : PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned demands that you produce within twenty (20) days the following items for discovery and inspection: 1. Any and all statements made by or taken from the parties represented by the undersigned and/or their agents, servants and/or employees, now in the possession, custody or control of your office or the party represented by you. If no such statement is in the possession, custody or control, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any documents not so identified. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and supplemental responses up to the time of trial are required. Failure to provide the aforesaid items within twenty (20) days after receipt of this notice will leave you subject to the provisions of the 7 of 20

8 CPLR. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: 7//mie 7f4ti4 To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â â â â THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, DEMAND FOR PHOTOGRAPHS AND/OR MOVIES -against- FOUNDATIONS GROUP, INC., BEST PLUMBING 4 HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., S I R S : Defendants. PLEASE TAKE NOTICE, that pursuant to CPLR Section 3120, the plaintiff is required to forward the following discovery within twenty (20) days of the receipt of this Notice. 1. A copy of any and all photographs in the possession, custody or control of the plaintiff or the plaintiffs representatives depicting any of the injuries which are alleged in the complaint. 2. Any and all photographs depicting the conditions at the scene of the alleged occurrence. If no such photograph is in the possession, custody or control of your office or the party represented by you, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any photographs not so identified. 3. A copy of any and all movies, videos, etc. of the plaintiff which the plaintiff plans to introduce at trial. 4. A statement indicating the names and addresses of (a) all persons 9 of 20

10 who made and/or appear in the movie; and (b) all persons who edited the movie. If no such movies or photographs are in the possession, custody or control of your office or the party represented by you, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any movies or photographs not so identified. PLEASE TAKE NOTICE, that failure to provide the aforesaid items within twenty (20) days after receipt of this notice, will leave you subject to the provisions of the CPLR. PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing demand. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: /(444t 7f4# a To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, DEMAND FOR ACCIDENT REPORTS -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., S I R S: Defendants. PLEASE TAKE NOTICE, that pursuant to Article 31 of CPLR, the undersigned demands that you produce within twenty (20) days, the following items for discovery and inspection: 1. All accident reports made in connection with this incident. If no such reports exist then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any reports not so identified. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and supplemental responses up to the time of trial are required. Failure to provide the aforesaid items within twenty (20) days after receipt of this notice will leave you subject to the provisions of the CPLR. Dated: Mineola, New York January 3, of 20

12 Yours, etc. BARTLETT LLP By: 7/(44/4 7/4eld To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, DEMAND FOR ECONOMIC EXPERTS -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING 4 HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., Defendants. â â â â - â â â â â â â â â â â S I R S : PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), it is demanded that you respond to following: 1. If you expect to call an economist or actuary, state: (a) A specific description of the losses for which such calculations will be made (i.e., present value of the loss of future earnings, present value of loss of second job earnings, present value of future medical expenses, etc.); (b) The undiscounted amount of such loss; (c) The present value of the dollar amount of such loss; (d) The discount rate applied by such persons to determine present value and the reason for such rate; number of years such process and the (e) The involved in discounting 13 of 20

14 opinions and facts on which the economist bases the determination of that number of years; (f) With regard to testing concerning growth of future income on an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, state the growth rate for such income as estimated by such person, the opinions and facts on which that estimate is based, and specify the publication and location by the defendant; (g) Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or draws the facts on which he relied; (h) With regard to any information secured from any text, publication, graph, chart or study other than as already designated specify such source material and page numbers; (i) In detail, state precisely the manner in which the person reached his or her conclusions, showing the mathematical calculations involved; (j) With regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert's conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of person(s) having copies of it. expert' This notice is a continuing demand for the information requested concerning an expert's testimony at trial. Failure to comply with demand shall be grounds upon which to preclude you from introducing the expert's testimony at trial for such expert whose name, qualifications, subject matter of testimony, substance of the facts and opinions of the expert's testimony and the materials upon which the expert's testimony is based; striking the complaint' dismissing the action and for 14 of 20

15 such other relief as the Court deems just and proper. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: 7$rw4 7f4ni4 To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: I 15 of 20

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, DEMAND FOR SOCIAL MEDIA INFORMATION -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBlNG & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., Defendants. X S I R S : PLEASE TAKE NOTICE, that pursuant to Rules 3101, et seq. of the Civil Practice Laws and Rules, BARTLETT LLP, attorneys for defendants herein, hereby demand that you set forth in writing and under oath, within twenty (20) days of the service of this demand upon you: 1. The names of all electronic or computerized social media your clients(s) subscribed(s) to or participated(s) in, from the date of the injury or occurrence complained of herein, until now, including but not limited to: (a) Facebook; (b) My Space; (c) Friendster; (d) Flickr; (e) Twitter; (f) You Tube 16 of 20

17 (g) Photobucket; (h) Instagram (i) justin.ty (j) ustream (k) And any other social media websites your client(s) have posted, or uploaded to and/or maintain(ed) applicable or responsive to this demand. 2. Immediately place a litigation hold or lock down on all data responsive to this demand. Dated: Mineola, New York January 3, 2018 Yours, etc. To: ALL PARTIES BARTLETT LLP h b By: Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 Plaintiff, NOTICE TO PRESERVE ELECTRONIC EVIDENCE -against- FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBlNG & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., TO ALL PARTIES: Defendants. X PLEASE TAKE NOTICE that the defendant, SANITARY PLUMBING & HEATING, CORP., by its attorneys, BARTLETT LLP, hereby serves this notice to preserve electronic information as follows: 1. This notice requests your immediate action to preserve electronically stored information that may contain evidence important to the above legal matter. This notice applies to the plaintiff, The American Insurance Company and Anna Bernstein's, cellphone and computer systems and removable electronic media plus all computer systems, services, and devices (including all remote access and wireless devices) used by the plaintiff. This includes, but is not limited to, , Facebook, Twitter, and other electronic communications; electronically stored documents, records, images, graphics, recordings, spreadsheets, databases; calendars, system usage logs, contact manager information, telephone logs, internet usage files, deleted files, cache files, user 18 of 20

19 information, and other data. Further, this notice applies to archives, backup and disaster recovery tapes, discs, drives, cartridges, voic , and other data. All operating systems, software, applications, hardware, operating manuals, codes, keys and other support information needed to fully search, use, and access the electronically stored information must also be preserved. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: 44/4 7f4# e To: ALL PARTIES Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: of 20

20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE AMERICAN INSURANCE COMPANY as subrogee of ANNA BERNSTEIN, Index No.: /2016 -against- Plaintiffs, NOTICE TO DECLINE FBEM FOUNDATIONS GROUP, INC., BEST PLUMBING & HEATING, INC., SANITARY PLUMBING & HEATING CORP., FOUNDATIONS GROUP INC., ARIEL SERVICES, INC., ALUBON, LTD., GALCON ENTERPRISES, INC., A&J INTERIOR CONSTRUCTION CORP., and MARMARO MASTERS, INC., TO ALL PARTIES: Defendants. PLEASE TAKE NOTICE, that the defendant, SANITARY PLUMBING & HEATING CORP., does not consent to having this matter proceed as an electronically-filed case in the filing by Electronic Means System (FBEM) as governed by Section b of the Uniform Rules for the Trial Courts. Dated: Mineola, New York January 3, 2018 Yours, etc. BARTLETT LLP By: 7544t4. 76u i4 Maria Nanis Attorneys for Defendant SANITARY PLUMBING & HEATING, CORP. P.O. and Office Address Tel.: (516) BMM File No.: To: ALL PARTIES 20 of 20