SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SHMUEL SILVER, an infant under the age of thirteen by his father and natural guardian, MOSHE SILVER and MOSHE SILVER, individually, Plaintiffs, Index No.: 521126/2016 RESPONSE TO NOTICE FOR DISCOVERY & INSPECTION AND PRELIMINARY CONFERENCE ORDER -against- JAMES C. WILLIAMS and DEVAUGHN O. WILLIAMS, Defendants. PLEASE TAKE NOTICE, that the Defendants, by their attorneys, ADAMS & KAPLAN, hereby sets forth their Response to Plaintiffs' Notice for Discovery and Inspection and Preliminary Conference as follows: 1. WITNESSES: Defendants are not aware of any witnesses to this accident except for those that are listed in the accident report. 2. STATEMENTS: Defendants are not in possession of any statements taken from or on behalf of the Plaintiffs in this matter 3. REPORTS: There are none discoverable pursuant to CPLR Section 3101(g). 4. PHOTOGRAPHS: Defendants attaches copies of eight (8) photographs depicting damage to the vehicles in the subject occurrence and three (3) photographs of the accident scene. 5. INSURANCE DISCLOSURE: Upon information and belief, Defendants are covered by a policy of applicable insurance with Progressive Select Insurance Company with applicable limits of $30,000 EACH PERSON-$60,000 EACH ACCIDENT. 6. EXCESS INSURANCE: Annexed hereto and made part of this response are copies of Defendants Affidavits of No Excess Coverage. 7. EXPERT WITNESSES: Defendants have not decided if any experts will be used at trial. When experts are chosen, this information will be supplied. 1 of 16
8. SURVEILLANCE MATERIALS AND VISUAL REPRODUCTIONS: Defendants are not in possession of any visual reproductions involving the Plaintiff. 9. REPAIR RECORDS: Upon information and belief, Defendants are in possession of repair bills and/or estimates; copies of same are annexed hereto. not in possession of any repair bills and/or estimates. 10. MV-104 REPORTS: Defendants are not in possession of any MV-104 reports. If, after answering this demand, Defendants acquire any further information or documents relevant to this demand, such information or document will be forwarded immediately. DATED: Yonkers, NY June 27, 2017 Respectfully submitted, Ryan Mainhardt, Esq. ADAMS & KAPLAN Attorney for Defendants Devaughn O. Williams and James C. Williams One Executive Boulevard, Suite 280 Yonkers, NY 10701 (914) 233-1880 Our File No.: 162261928-001 TO: BERNSTONE & GRIECO, LLP Attorney for Plaintiffs Shmuel Silver and Moshe Silver 295 Madison Avenue, 25th Floor New York, NY 10017 (212) 532-1200/(212) 532-6330 (F) 2 of 16
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INDEX NO. 521126/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SHMUEL SILVER, an infant under the age of thirteen by his father and natural guardian, MOSHE SILVER and MOSHE SILVER, individually, YEAR: 2016 Plaintiffs, -against- JAMES C. WILLIAMS and DEVAUGHN O. WILLIAMS, Defendants. RESPONSE TO NOTICE FOR DISCOVERY & INSPECTION AND PRELIMINARY CONFERENCE ORDER ADAMS & KAPLAN ATTORNEYS AND COUNSELORS AT LAW ATTORNEYS FOR DEFENDANTS-DEVAUGHN O. WILLIAMS AND JAMES C. WILLIAMS One Executive Boulevard, Suite 280 Yonkers, NY 10701 (914) 233-1880 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: June 27, 2017 Service of a copy of the within admitted. Date: Signature: Print Signer s Name: RYAN MAINHARDT, ESQ. Attorney(s) for is hereby 16 of 16