LSK&D #: 130-0030 / 4845-0855-6641 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - JUAN CHECA, Index No.: 509964/2016 -against- NOTICE FOR DISCOVERY and INSPECTION AND NICOLOSI BROS., INC., Defendants. ECF -against- RIZOTTO PLUMBING, INC. Defendant. TO: S I R S : PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the o' undersigned demands that you produce on the 2nd day of May, 2018, at 10:00 clock in the forenoon of that day at the offices of the undersigned, 100 Wall Street, New York, New York, or at a mutually convenient location, for the purpose of discovery, inspection, photographing and non-destructive testing, the following: 1. Any and all documents in your possession relating to payments made to RIZOTTO PLUMBING, INC. by or any other individual or entity; 2. Any and all documents in your possession relating to payments made to NICOLOSI BROS., INC. by or any other individual or entity;
3. Any and all contracts in your possession relating to the work performed by RIZOTTO PLUMBING, INC. at the subject premises; 4. Any and all contracts in your possession relating to the work performed by NICOLOSI BROS., INC. at the subject premises; 5. Any and all correspondence in your possession between WINTER AVENUE 46 HOLDINGS, LLC and RIZOTTO PLUMBING, INC.; 6. Any and all correspondence in your possession between WINTER AVENUE 46 HOLDINGS, LLC and NICOLOSI BROS., INC.; 7. Any and all correspondence in your possession regarding NICOLOSI BROS., INC.; and 8. Full name, address and phone number of "Anthony"; PLEASE TAKE FURTHER NOTICE, that in the event you should fail to comply with this notice for discovery and inspection, a motion will be made seeking to impose sanctions pursuant to CPLR 3126. Dated: New York, New York April 13, 2018 Yours, etc. LESTER SCHWAB KATZ 8 DWYER, LLP David B. Steinbruck Attorneys for Defendant NICOLOSI BROS., INC. 100 Wall Street New York, New York 10005 (212) 964-6611
TO: Howard A. Raphaelson, Esq. RAPHAELSON 8 LEVINE LAW FIRM, P.C. Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, NY 10122 Attorneys for Plaintiff MENICUCCI VILLA CILMI, PLLC 2040 Victory Boulevard Staten Island, NY 10315 Attorneys for Defendant/ Plaintiff RIZZOTTO PLUMBING, INC. 68 Sharrotts Road, Unit 7 Staten Island, NY 10309 Defendant
STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss DEBBIE A. CAMPBELL, being duly sworn, deposes and says that she is not a party to this action, is over the age of 18 years and resides in Middlesex County. That on April 13, 2018, she served the within NOTICE FOR DISCOVERY AND INSPECTION upon: Howard A. Raphaelson, Esq. RAPHAELSON 8 LEVINE LAW FIRM, P.C. Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, NY 10122 Attorneys for Plaintiff MENICUCCI VILLA CILMI, PLLC 2040 Victory Boulevard Staten Island, NY 10315 Attorneys for Defendant/ Plaintiff RIZZOTTO PLUMBING, INC. 68 Sharrotts Road, Unit 7 Staten Island, NY 10309 Defendant by depositing a true copy of same securely enclosed in a post-paid wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. DEBBIE A. CAMPBELL Sworn to before me this 13th day of April, 2018 Catherine Pascarella Commissioner of Deeds City of New York, No. 5-515 Certificate Filed in NY County Commission Expires May 1, 2018
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUAN CHECA, Index No.: 509964/2016 -against- NOTICE FOR DISCOVERY and INSPECTION AND NICOLOSI BROS., INC., Defendants. ECF -against- RIZOTTO PLUMBING, INC. Defendant. â â â â â â â â â â â â â â LESTER SCHWAB KATZ & DWYER, LLP ATTORNEYS FOR Defendant NICOLOSI BROS., INC. 100 WALL STREET NEW YORK, N.Y. 10005 (212) 964-6611 F/VC: (212) 267-5916
LSK&D #: 130-0030 / 4824-5407-4976 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUAN CHECA, Index No.: 509964/2016 -against- POST-DEPOSITION NOTICE TO PRODUCE and NICOLOSI BROS., INC., ECF -------------- --------...-------------------...--------------X Defendants. -against- RIZOTTO PLUMBING,. INC. - Defendant. â TO: PLAINTIFF PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, demand is hereby made upon the plaintiff(s) to produce at the office of the undersigned on the 4th o' day of May, 2018, at 2:00 clock in the afternoon, for the purposes of discovery, reproduction, and inspection, the following items: 1. HIPAA Authorization for the foot specialist that plaintiff testified he went to a few days after the accident. 2. Authorization to obtain plaintiff's employment file for Branco Plumbing. 3. HIPAA Authorizations to obtain all films for the three MRIs plaintiff testified he underwent.
4. HIPAA Authorization for the CVS on Bay Street, where plaintiff testified he filled his medication; 5. Identify the name of plaintiff's workers' compensation attorney and provide Authorization to obtain his complete workers' compensation file. 6. Full name of "Chris", plaintiff's employer at the time of the accident and "Mike", plaintiff's helper at the time of the accident. PLEASE TAKE FURTHER NOTICE, that upon failing to produce the aforesaid items at the time and place required in this notice, a motion will be made to the Court for the appropriate relief with costs. Dated: New York, New York April 9, 2018 Yours, etc. LESTER SCHWAB KATZ 8 DWYER, LLP Kelli A. McGrath Attorneys for Defendant NICOLOSI BROS., INC. 100 Wall Street New York, New York 10005 (212) 964-6611 TO: Howard A. Raphaelson, Esq. RAPHAELSON 8 LEVINE LAW FIRM, P.C. Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, NY 10122 Attorneys for Plaintiff
MENICUCCI VILLA CILMI, PLLC 2040 Victory Boulevard Staten Island, NY 10315 Attorneys for Defendant/ Plaintiff RIZZOTTO PLUMBING, INC. 68 Sharrotts Road, Unit 7 Staten Island, NY 10309 Defendant
STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss DEBBIE A. CAMPBELL, being duly sworn, deposes and says that she is not a party to this action, is over the age of 18 years and resides in Middlesex County. That on April 9, 2018, she served the within POST-DEPOSITION NOTICE TO PRODUCE upon: Howard A. Raphaelson, Esq. RAPHAELSON 8 LEVINE LAW FIRM, P.C. Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, NY 10122 Attorneys for Plaintiff MENICUCCI VILLA CILMI, PLLC 2040 Victory Boulevard Staten Island, NY 10315 Attorneys for Defendant/ Plaintiff RIZZOTTO PLUMBING, INC. 68 Sharrotts Road, Unit 7 Staten Island, NY 10309 Defendant by depositing a true copy of same securely enclosed in a post-paid wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. DEBBIE A. CAMPBELL Sworn to before me this 9th day of April, 2018 Catherine Pascarella Commissioner of Deeds City of New York, No. 5-515 Certificate Filed in NY County Commission Expires May 1, 2018
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUAN CHECA, Index No.: 509964/2016 POST-DEPOSITION -against- NOTICE TO PRODUCE and ECF NICOLOSI BROS., INC., Defendants. -against- RIZOTTO PLUMBING,. INC. Defendant. LESTER SCHWAB KATZ & DWYER, LLP ATTORNEYS FOR Defendant NICOLOSI BROS., INC. 100 WALL STREET NEw YORK, N.Y. 10005 (212) 964-6611 FAX: (212) 267-5916