FILED: NEW YORK COUNTY CLERK 07/20/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/20/2017 EXHIBIT B

Transcription

1 EXHIBIT B

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 MAXONS RESTORATION INC. S DEMAND FOR PRODUCTION OF DOCUMENTS 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 MAXONS RESTORATION, INC. S Demand for Production of Documents, upon information and belief, states as follows: REQUESTS 1. All documents evidencing, relating or referring to any communications between Plaintiff and Defendant from September 5, 2014 to the present evidencing, relating or referring to the premises. ANSWER: Plaintiff directs Defendant on the disc included with these responses. 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. 2. All documents evidencing, relating or referring to Deborah Memmolo and Gregory Taxin s residence, including the proprietary lease and/or condominiumagreement: broad, unduly burdensome, onerous and vexatious. Subject to and without waiving the foregoing objection, Plaintiff directs Defendant to the documents identified as AIC AIC on the disc included with these responses. Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation response to this demand.

3 3. All documents evidence, relating or referring to, the by-laws and proprietary lease and/or agreement governing the Premises. broad, unduly burdensome, onerous and vexatious. Subject to and without waiving the foregoing objection, Plaintiff directs Defendant to the documents identified as AIC AIC on the disc included with these responses. Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation response to this demand. 4. All documents evidencing, relating or referring to, Plaintiffs allegation in paragraph 11 of the Complaint alleging that Maxons was retained by 105 East 16th Street Corporation to perform remediation services for the affected units at the property. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 5. All Documents evidencing, relating or referring to Deborah Memmolo and Gregory Taxin s legal interest in the Premises. broad, unduly burdensome, onerous and vexatious. Subject to and without waiving the foregoing objection, Plaintiff directs Defendant to the documents identified as AIC AIC on the disc included with these responses. Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation response to this demand. 6. All documents evidencing, relating or referring to, Plaintiffs allegation in paragraph 12 of the Complaint alleging that Maxons subcontracted the remediation work to Enviro-Pure. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 7. All documents evidencing, relating or referring to, Plaintiffs allegation in paragraph 13 of the Complaint alleging that immediately upon receipt of the subcontract, Enviro-Pure began remediation services on the affected units at the property. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 8. All documents evidencing, relating or referring to, Plaintiffs allegation in paragarph 14 of the Complaint alleging that Enviro-Pure tore out the ceilings, walls and flooring of the South Side of the Premises. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC -2-

4 9. All documents evidencing, relating or referring to, Plaintiffs allegation in paragraph 15 of the Complaint alleging that before commencing work Enviro-Pure did not test for asbestos and/or confirm testing for asbestos occurred. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 10. All documents evidencing, relating or referring to Plaintiffs allegation in paragraph 16 of the Complaint alleging that the north side of the Subject Residence sustained significant damage. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 11. All documents evidence, relating or referring to, Plaintiffs allegation in paragraph 17 of the Complaint that Plaintiff made payment to Ms. Memmolo and Mr. Taxin in the amount of $1,139, ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC 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 12. All documents evidencing, relating or referring to, Plaintiffs allegation in paragraphs 21, 26 and 31 of the Complaint alleging that Ms. Memmolo and Mr. Taxin sustained damage to their real and personal property. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC response upon the discovery of additional documentation responsive to this demand 13. Documents evidencing, relating or referring to the nature, basis, amount and manner of computation of all monetary relief Plaintiffs is seeking to recover. ANSWER: Plaintiff directs Defendant to the documents identified as AIC AIC response upon the discovery of additional documentation responsive to this demand 14. All written statements and other documentation, including tape recordings, provided to Plaintiff and/or its agents by any person whom Plaintiff or its agents contacted or interviewed in connection with the subject matter of the action. -3-

5 ANSWER: Plaintiff objects to the foregoing demand to the extent it seeks information within the purview of experts. Plaintiff further 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 15. All documents identifying, reflecting or in any way relating to each and every person Plaintiff or its representatives contacted, interviewed or communicated with during any investigation in connection with this action: ANSWER: Plaintiff 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 on the disc included with these responses. 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. 16. All documents Plaintiff or its agents received from any current or former employees or agents of Defendant relating to Plaintiffs allegations in this action. ANSWER: 17. All documents which contain descriptions of events/occurrences that refer in any way related to any matter at issue in this litigation, including, without limitation, personal diaries, blogs, web logs, s, appointment books, calendars, written statements, recording, performance evaluations, notes, memoranda, letters, literature, monthly reports, or references, prepared, maintain or obtained by Plaintiff. ANSWER: Plaintiff 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 on the disc included with these responses. 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. 18. All written statements or other documentation in the possession of Plaintiff and/or its agent which relate to or reflect any admission or statements against interest made by any party to this action, or by any employees, officer, agent or representative of any party to this action. ANSWER: Plaintiff 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 identified as AIC AIC on the disc included with these responses. As fact discovery in this matter is in its very early stages, Plaintiff expressly reserves the right to supplement and/or amend this -4-

6 19. All documents or correspondence of any kind which has not been previously requested, which refer or relate in any way to the allegations contained in the Complaint or the acts allegedly committed by Defendant of which Plaintiff complains the documents on the disc included with these responses. 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. 20. Copies of incident, police and/or accident investigation reports prepared by Defendant concerning the allegations contained in the Complaint. ANSWER: Plaintiff objects to the foregoing request to the extent that said documentation would be within the possession and/or control of Defendant. Subject to and without waiving the foregoing objection, Plaintiff is currently not in possession of an incident, police and/or accident investigation report prepared by defendant. As fact discovery in this matter is in its very early stage, Plaintiff expressly reserves the right to supplemental/or amend this response upon discovery of additional documentation response to this demand. 21. Copies of incident, police and/or accident investigation reports concerning the allegations contained in the Complaint. Subject to and without waiving the foregoing objection, Plaintiff is currently not in possession of an incident, police and/or accident investigation report prepared by defendant. 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. 22. Copies of all documents that Plaintiff plans to mark for identification at all depositions conducted in this matter. the documents on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. -5-

7 23. Copies of all documents that Plaintiff will utilize at the trial of this matter. ANSWER: 24. Copies of any statements or adverse party statements obtained by Plaintiff or any defendant in this matter. Subject to and without waiving the foregoing objection, Plaintiff is currently not in possession of any copies of any statement or adverse party statements response to this demand. 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. 25. Names and addresses of all witnesses who will testify on behalf of the Plaintiffs in this matter. ANSWER: Plaintiff objects to the foregoing request on the grounds that it is overly broad, vague and unduly burdensome. Plaintiff further objects to the foregoing Interrogatory on the grounds that it is has not completed discovery in this action, it seeks trial strategy and to the extent it seeks information from experts not yet identified as testifying experts. Subject to and without waiving the foregoing objections, Plaintiff will identify all witnesses who will testify in accordance with the court s scheduling order and/or by agreement of the parties. Plaintiff reserves the right to call any individual identified in these responses, the documents included with these responses as well as those individuals identified in all other discovery material exchanged in this action. Plaintiff reserves the right to supplement and/or amend this response as discovery is ongoing. 26. Names and addresses of all persons claimed to have either witnessed the allegations contained in the Complaint, to have first-hand knowledge of its occurrence, or knowledge of the relevant facts and circumstances of the occurrence. ANSWER: Gregory Taxin Deborah Memmolo 105 E. 16th Street, Unit 8 New York, NY, Justin Oland Affiliated Adjustment Group, Ltd Marcus Avenue, Ste 3W3 Lake Success, NY,

8 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 Allstate Indemnity Company Cynthia Rosado Allstate Indemnity Company Doreen A. Hannafey-Mutum Allstate Indemnity Company Matthew D Angelo Allstate Indemnity Company Employees of Maxons Restoration Employees of Enviro-Pure, Inc. Dennis Adler Plaintiff expressly reserves the right to supplement and/or amend this response upon the discovery of additional documentation responsive to this demand. 27. All documents reviewed or relied upon by any experts contacted or retained by Plaintiff. Subject to and without waiving the foregoing objections, Plaintiff will provide any non-privileged responsive documentation to this Request in accordance with the court s scheduling order and/or by agreement of the parties. 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. -7-

9 28. All documents concerning anyone retained by Plaintiff to examine the alleged damage to the Property. the documents on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. 29. Plaintiffs insurance policies (including but not limited to homeowner s policy, umbrella policy) with all declaration sheets, riders, Imitations, endorsements, amendments, cancellations, face sheets, and/or binders in effect at the time of the alleged damage at the property. the documents on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. 30. Plaintiffs insurance claimfile pertaining to the alleged damage at the property. the documents on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. 31. Copies of any and all correspondence to Plaintiff as a result of the alleged damage, including subrogation receipts, reservation of rights letters, and declination of coverage letters. the documents identified as AIC AIC on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. -8-

10 32. Copies of all photographs of the Property from 2012 to the present. the documents identified as AIC AIC on the disc included with these responses. 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 33. Copies of all receipts, invoices and/or cancelled checks involving or relating to the damages claimed in this action. the documents identified as AIC AIC on the disc included with these responses. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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. 34. Copies of all receipts and/or invoices for subsequent purchases to repair and/or replace items allegedly damage at the Property. the documents identified as AIC AIC on the disc included with these responses.. Plaintiff also reserves the right to mark any documentation provided by the other parties to this litigation at a deposition in this matter. 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 July.'A 2017 WHITE AND WILLIAMS LLP Rahul Gogineni, Admineci Pro Hac Vice 1650 Market Street One Liberty Place, Suite

11 TO: Robert Modica, Esquire Gordon & Rees, LLP 1 Battery Park Plaza, 28th Floor New York, NY, Attorneys for Defendant, Maxons Restoration, Inc. James A. Roth, Esquire Hoffman Roth & Matlin, LLP 505 Eighth Avenue, Ste 1704 New York, NY Attorneys for Defendant, Enviro-Pure, Inc. Philadelphia, PA (215) Attorneys for Plaintiff, Allstate Indemnity Company a/s/o Deborah Memmolo and Gregory Taxin. Patricia A. Mooney, Esquire Varvaro, Cotter & Bender 1133 Westchester Avenue, Ste S-325 White Plains, NY, Attorneys for Defendant, Dennis Adler V