FILED NEW YORK COUNTY CLERK 01/17/2016 1224 PM INDEX NO. 156305/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 01/17/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------x HEMANT SHAH and VARSHA SHAH, -against- Plaintiffs, 20 EAST 64 TH STREET LLC, TRI STAR CONSTRUCTION CORP., URBAN FOUNDATION/ENGINEERING, LLC, ABELOW SHERMAN ARCHITECTS LLC, and RA CONSULTANTS LLC, Index No. 156305/15 Hon. Joan Kenney RESPONSE TO 20 EAST 64 TH STREET LLC S REQUEST FOR BILL OF PARTICULARS Defendants. --------------------------------------------------------------------x Plaintiffs Hemant Shah and Varsha Shah, by their attorney, Law Office of Kenneth G. Roberts, P.C., respond to the Demand for a Verified Bill of Particulars of defendant 20 East 64 th Street LLC as follows 1. Plaintiffs object to this demand on the ground that it calls for evidentiary material. Notwithstanding and without waiving such objection, plaintiffs respond as follows From in or about November 2014 to present. 2. Plaintiffs object to this demand on the ground that it calls for evidentiary material. Notwithstanding and without waiving such objection, plaintiffs respond as follows 22 East 64 th Street, New York, New York. 3. Plaintiffs object to this demand on the grounds that it calls for legal conclusions
objections, plaintiffs respond as follows The damage to plaintiffs home occurred as a result of defendants acts and omissions in connection with their excavation, underpinning, demolition and construction activities at 20 East 64 th Street, New York, New York, from in or about November 2014 to present. 4. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objections, plaintiffs respond as follows The damage to plaintiffs home occurred as a result of defendants acts and omissions in connection with their excavation, underpinning, demolition and construction activities at 20 East 64 th Street, New York, New York. 5. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage was caused on information and belief by 20 East 64 th Street LLC, Tri Star Construction Corp., Urban Foundation/Engineering, LLC, Abelow Sherman Architects LLC, and RA Consultants LLC. 6. Plaintiffs object to this demand on the ground that it calls for evidentiary material. Notwithstanding and without waiving such objection, plaintiffs respond as follows From in or about November 2014 to present; at 22 East 64 th Street, New York, New York; by Hemant Shah and Varsha Shah. 2
7. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. In addition, among other damages, plaintiffs have sustained and/or will sustain loss of use of their home; engineering, architectural, legal and other professional expenses; and moving, storage, insurance and temporary housing expenses during remediation; and lost profits from diminution of value and salability of plaintiffs home. Plaintiffs will provide documents evidencing their damages. 8. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, 3
patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. In addition, among other damages, plaintiffs have sustained and/or will sustain loss of use of their home; engineering, architectural, legal and other professional expenses; and moving, storage, insurance and temporary housing expenses during remediation; and lost profits from diminution of value and salability of plaintiffs home. Plaintiffs will produce documents evidencing their damages. 9. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows Plaintiffs will produce documents evidencing repairs and repair costs. 10. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. Plaintiffs will produce documents evidencing their damages. 4
11. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows Plaintiffs will produce documents evidencing their damages. 12. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objection, plaintiffs respond as follows Among other laws, statutes, ordinances and regulations, defendants violated New York City Building Code 3309.1, 3309.4, and 3309.4.1. 13. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objections, plaintiffs respond as follows From in or about November 2014 to present. 14. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objections, plaintiffs respond as follows 22 East 64 th Street, New York, New York. 5
15. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objections, plaintiffs respond as follows The damage to plaintiffs home occurred as a result of defendants acts and omissions in connection with their excavation, underpinning, demolition and construction activities at 20 East 64 th Street, New York, New York. 16. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objections, plaintiffs respond as follows Plaintiffs first gave defendants actual notice verbally and visually in or about November 2014. 17. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. Plaintiffs will produce documents evidencing their damages. 6
18. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. Plaintiffs will produce documents evidencing their damages. 19. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows Among other damages, plaintiffs have sustained since November 2014, and will sustain, loss of use of their home and lost profits due to diminution of the value and salability of their home. Plaintiffs will produce documents evidencing their losses. 20. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows Plaintiffs will produce a copy of the License, Access 7
and Indemnity Agreement dated September 9, 2014, between plaintiff Hemant Shah and defendant 20 East 64 th Street LLC. 21. Plaintiffs object to this demand on the grounds that it calls for legal conclusions Notwithstanding and without waiving such objection, plaintiffs respond as follows Among other laws, statutes, ordinances and regulations, defendants violated New York City Building Code 3309.1, 3309.4, and 3309.4.1. 22. Plaintiffs object to this demand on the grounds that it calls for legal conclusions objections, plaintiffs respond as follows The damage has occurred throughout plaintiffs home, patio, flooring, moulding, elevators, dumbwaiters, plumbing, electrical, fireplaces, and heating and ventilation system. Plaintiffs will produce documents evidencing their damages. PLEASE TAKE NOTICE that plaintiffs reserve their right to supplement and/or modify the responses and objections herein. Dated January 15, 2016 8
LAW OFFICE OF KENNETH G. ROBERTS, P.C. By /s/ Kenneth G. Roberts 1865 Palmer Avenue, Suite 203 Larchmont, NY 10538 (914) 275-4291 Attorney for Plaintiffs 9
VERIFICATION STATE OF NEW YORK ) )ss. COUNTY OF NEW YORK ) HEMANT SHAH, being duly sworn, deposes and says I am one of the plaintiffs in the within action. The foregoing Response to Demand for Bill of Particulars is true to my knowledge, except as to matters alleged on information and belief, and as to those matters I believe it to be ~~ Sworn to before me this I~ da ofjanuary,2016 Hemant Shah ANTHONY L INDEUCATO Notary York 10