FILED: NEW YORK COUNTY CLERK 08/04/ :57 PM INDEX NO /2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/04/2017 EXHIBIT C

Transcription

1 EXHIBIT C

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALLSTATE INDEMNITY COMPANY, A/S/O DEBORAH MEMMOLO AND GREGORY TAXIN vs. Plaintiff, DENNIS ADLER, MAXONS RESTORATION, INC., and ENVIRO- PURE, INC. Index No.: /2015 PLAINTIFF S RESPONSE TO DEFENDANT ENVIRO-PURE, INC. S COMBINED DEMANDS Defendants. Plaintiff, ALLSTATE INDEMNITY COMPANY as subrogee of Deborah Memmolo and Gregory Taxin, by and through its attorneys, as and for their response to Defendant ENVIRO- PURE, INC. S Combined Demands, upon information and belief, states as follows: DEMAND FOR INDEX NUMBER AND ASSIGNED JUDGE RESPONSE: The Index Number is /2015 and the assigned judge is Debra A. James. DEMAND FOR STATEMENT OF DAMAGES CLAIMED RESPONSE: Plaintiff objects to this demand to the extent it seeks information within the purview of an expert. Subject to and without waiving the foregoing objection, as a result of the incidents described in Plaintiff s Complaint, Plaintiff sustained damage in the amount of $1,138, Specifically, Plaintiff sustained $708, in Building Damages, $12, in Personal Property Damages, and $416, in Alternative Living Expenses. Plaintiff directs Defendant to the documents previously provided as AIC AIC Plaintiff incorporates by reference into this response the information set forth in these documents. As discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional facts and information responsive to this demand. DEMAND FOR PROPERTY DAMAGES DOCUMENTS Plaintiff objects to this demand as vague and ambiguous to the extent it does not V.

3 distinguish between real or personal property. Subject to and without waiving the foregoing objection, Plaintiff states the following: RESPONSE(l-5): To the extent Defendant is referring to damaged personal property, Plaintiff is not in possession of the original receipts for the damaged personal property. By way of further response, upon information and belief, none of the damaged personal property was repaired, but rather it was replaced. Plaintiff directs Defendant to the documents previously provided as AIC AIC To the extent Defendant is referring to the damaged real property, Plaintiff is not in possession of the original sales documents. By way of further response, with regard to the costs of repair for the damaged real property, Plaintiff directs Defendant to the documents previously provided as AIC AIC Plaintiff incorporates by reference into this response the information set forth in these documents. As discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional facts and information responsive to this demand. DEMAND FOR WITNESSES Plaintiff objects to this demand to the extent it seeks information within the purview of an expert. Plaintiff further objects to the extent the foregoing demand is overly broad, unduly burdensome, onerous and vexatious. Subject to and without waiving the foregoing objections, upon information and belief, Plaintiff identifies the following: RESPONSE(l): Gregory Taxin Deborah Memmolo 105 E. 16th Street, Unit 8 New York, NY, Employees of Maxons Restoration Employees of Enviro-Pure, Inc. Dennis Adler Justin Oland Affdiated Adjustment Group, Ltd Marcus Avenue, Ste 3W3 Lake Success, NY, Other than those individuals identified in RESPONSE(l), Plaintiff is currently unaware v.i -2-

4 of any additional occurrence witnesses. Other than those individuals identified in RESPONSE(l), Plaintiff is currently unaware of any additional occurrence witnesses. Other than those individuals identified in RESPONSE(l), Plaintiff is currently unaware of any additional occurrence witnesses. Gregory Taxin Deborah Meminolo 105 E. 16th Street, Unit 8 New York, NY, Tomer Saar DBI Construction Consultants 1261 Broadway 9th Floor New York, NY, 1001 ALE Solutions One W. Illinois Street, Ste #300 St. Charles, IL, The Corcoran Group 888 Seventh Avenue, 39th Floor New York, NY, Collins Brothers Moving Corporation 620 5th Avenue Larchmont, NY, Arnold Hecht Cynthia Rosado Doreen A. Hannafey-Mutum Matthew D Angelo Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional facts and information responsive to this demand v. I -J-

5 DEMAND FOR PARTY STATEMENTS RESPONSE: Plaintiff objects to the foregoing demand on the ground that it is overly broad, unduly burdensome, onerous and vexatious. Subject to and without waiving the foregoing objection, Plaintiff is currently not in possession of any documentation response to this request. As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation responsive to this demand. RESPONSE/1-8): DEMAND FOR EXPERT WITNESSES Plaintiff has not yet decided and/or selected which experts, if any, will testify at the trial of this matter. Upon the determination of the same, and in accordance with CPLR 3101 (d)(l)(i), upon completion of the deposition(s), Plaintiff will supplement this response accordingly. RESPONSE/1-4): DEMAND FOR ECONOMIC EXPERT DISCLSURE Plaintiff has not yet decided and/or selected which experts, if any, will testify at the trial of this matter. Upon the determination of the same, and in accordance with CPLR 310 l(d)(l)(i), upon completion of the deposition(s), Plaintiff will supplement this response accordingly. DEMAND FOR PHOTOGRAPHS AND VIDEOTAPES RESPONSE: Plaintiff objects to the foregoing demand on the ground that it is overly broad, unduly burdensome, onerous and vexatious. Plaintiff further objects to the foregoing demand to the extent it seeks information within the purview of experts. Subject to and without waiving the foregoing objection, Plaintiff directs Defendant to the documents previously produced and identified as AIC AIC As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation responsive to this demand DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION RESPONSE: Plaintiff has not been reimbursed by an insurance company for the damages it sustained as a result of indemnifying its insureds for the damages sustained due to the occurrences described in Plaintiffs Complaint. As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional facts and information responsive to this demand. DEMAND FOR INSURANCE INFORMATION AS TO CO-DEFENDANTS RESPONSE: Plaintiff objects to the foregoing demand on the grounds that it is the party best situated to have knowledge of Defendant Adler and/or Defendant Maxons v. 1-4-

6 Restorations, Inc. s insurance coverage. As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional facts and information responsive to this demand. NOTICE FOR DISCOVERY AND INSPECTION RESPONSE: Plaintiff objects to the foregoing demand on the ground that it is overly broad, unduly burdensome, onerous and vexatious. Plaintiff further objects to the foregoing demand to the extent it seeks information within the purview of experts. Plaintiff further objects to the extent this demand seeks information that is protected by Attorney/Client Privilege and/or subject to the attorney-work product doctrine. Subject to and without waiving the foregoing objection, Plaintiff directs Defendant to the previously produced documents identified as AIC AIC As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation responsive to this demand Dated: Philadelphia, PA August 3, 2017 WHITE AND WILLIAMS LLP By: Rahul Goginsni, Admitted Pro Hac Vice 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA (215) Attorneys for Plaintiff, a/s/o Deborah Memmolo and Gregory Taxin. i v. 1-5-

7 TO: Robert Modica, Esquire Adam J. Hiller, Esquire Gordon & Rees, LLP 1 Battery Park Plaza, 28th Floor New York, NY, Attorneys for Defendant, Maxons Restoration, Inc. James A. Roth, Esquire Mariel Dumas Wenkebach, Esquire Hoffman Roth & Matlin, LLP 505 Eighth Avenue, Ste New York, NY Attorneys for Defendant, Enviro-Pure, Inc. Patricia A. Mooney, Esquire Varvaro, Cotter & Bender 1133 Westchester Avenue, Ste S-325 White Plains, NY, A ttorneys for Defendant, Dennis Adler W.I -6-