FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ALBANY
`------------------------------------------------------------------x
`MARK SARRO and HANORA SARRO,
`
`Plaintiffs,
`
` -against-
`
`Index No.: 908796-22
`
`ARVINMERITOR, INC., Individually and
`as Successor to Rockwell International, et al.,
`
`PLAINTIFF’S RESPONSES TO
`DEFENDANTS' FIRST SET OF
`INTERROGATORIES AND
`REQUEST FOR PRODUCTION OF
`DOCUMENTS
`
`Defendants.
`
`------------------------------------------------------------------x
`Plaintiff as and for his Verified Responses to the Defendants' Interrogatories and Request
`for Production of Documents allege upon information and belief at all times herein mentioned as
`follows:
`
`INTERROGATORIES
`
`A.
`
`PERSONAL BACKGROUND OF PLAINTIFF AS REPRESENTATIVE OF
`DECEDENT’S ESTATE:
`
`1.
`
`If you represent decedent’s estate, state the following for yourself:
`(a)
`Full name and all other names by which you have been known;
`(b)
`Relationship to the decedent;
`(c)
`Date and place of birth;
`(d)
`Address;
`(e)
`Social security number;
`(f)
`Present marital status and, if applicable, name of present spouse and
`date of marriage; and
`Dates of all prior marriages, spouses’ names, and dates of
`(g)
`termination of marriages.
`
`ANSWER:
`Not applicable.
`
`1
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`B.
`
`
`
`
`
`PERSONAL BACKGROUND OF INJURED PLAINTIFF/DECEDENT:
`
`2.
`
`
`
`
`
`State the following for injured plaintiff/decedent:
`(a)
`Full name and all other names by which injured plaintiff/decedent has been
`
`known;
`(b)
`Date and place of birth;
`(c) Whether injured plaintiff/decedent was an adopted child and, if adopted,
`state date of adoption;
`(d)
`Present age; or date and place of death;
`(e)
`Present marital status and, if applicable, name, date of birth, and social
`security number of present spouse and date of marriage; or marital status at
`the time of death and, if applicable, the name, date of birth and social
`security number of spouse at the time of death and date of marriage;
`Dates of all prior marriages, spouses’ names, and dates of termination of
`(f)
`marriages;
`(g)
`Present home address, or home address at time of death; and
`(h)
`Social security number.
`
`
`ANSWER:
`(a)
`Name: Mark J. Sarro
`(b)
`Date of birth: October 6, 1954
`Place of birth: Bronx, New York
`Plaintiff is a natural child.
`Present age: 68 years-old
`Present marital status: Married
`
`Spouse’s name: Honora Sarro
`
`Date of birth: June 9, 1954
`
`Social Security Number: xxx-xx-3573
`
`Date of marriage: March 15, 1977
`Prior marriage: Not applicable.
`Social Security Number: xxx-xx-6585
`
`(c)
`(d)
`(e)
`
`
`
`
`(f)
`(h)
`
`
`3.
`each sibling:
`
`State the following with regard to injured plaintiff’s/decedent’s father, mother, and
`
`(a)
`(b)
`(c)
`
`(d)
`
`Name, relationship and date of birth;
`Current address (if deceased, state last known address);
`Current condition of each one’s health, including any specific medical
`
`
`problems;
`
`If either of injured plaintiff’s/decedent’s parents is deceased, please state
`for each deceased parent:
`(I)
`Specific medical problems;
`(ii)
`Date and place of death;
`(iii) Cause of death.
`
`
`
`2
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`(e)
`
`If injured plaintiff’s/decedent’s grandparent, aunt, uncle, great aunt, great
`uncle or first cousin has had any respiratory illness (other than common
`colds), cardiac problem, or any cancer, state as to each:
`(I)
`Name, relationship and date of birth;
`(ii)
`Current address (if deceased, state last known address); and
`(iii)
`The specific respiratory illness, cardiac problem, or cancer the
`individual had or has.
`
`
`ANSWER:
`Plaintiff objects to this interrogatory to the extent it seeks information regarding Plaintiff’s
`siblings upon the grounds that it is overbroad, unduly burdensome, and not reasonably
`calculated to lead to the discovery of admissible evidence. Notwithstanding these objections,
`and without waiving same, Plaintiff states as follows:
`
`(a)
`
`Plaintiff’s mother: Antonette Sarro
`Date of birth: December 19, 1926
`Plaintiff’s father: Joseph Sarro
`Date of birth: 1922
`
`
`(b)
`
`
`
`
`
`(c)
`
`(d)
`
`
`(e)
`
`
`
`
`
`Current health conditions:
`Plaintiff’s mother’s current address: 2754 Springhust Street Street, Yorktown
`
`
`
`
`
`
`Heights, NY 10598
`Plaintiff’s father’s current address: 2754 Springhust Street Street, Yorktown
`
`
`
`
`
`
`Heights, NY 10598
`
`Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns
`health issues unrelated to those associated with asbestos-exposure and further, upon
`the grounds that it is overbroad, unduly burdensome, and not reasonably calculated
`to lead to the discovery of admissible evidence.
`
`Plaintiff objects to this subdivision to this interrogatory to the extent that it concerns
`health issues unrelated to those associated with asbestos-exposure and further, upon
`the grounds that it is overbroad, unduly burdensome, and not reasonably calculated
`to lead to the discovery of admissible evidence. Notwithstanding this objection, and
`without waiving same, Plaintiff states as follows: Notwithstanding this objection, and
`without waiving same, Plaintiff states as follows: Plaintiff’s mother died in 2017 at the
`age of 91 years of old age. Plaintiff’s father died in 1973 at the age of 51 years of an
`enlarged heart.
`
`Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
`information regarding Plaintiff’s extended family upon the grounds that it is
`overbroad, unduly burdensome, and not reasonably calculated to lead to the
`discovery of admissible evidence.
`
`3
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`
`4.
`
`State the following with regard to each of injured plaintiff’s/decedent’s children:
`(a)
`Name;
`(b)
`Date of birth;
`(c)
`Sex;
`(d)
`Current address (if deceased, state the last known address);
`(e) Whether natural child or adopted child and, if adopted, state date of
`adoption;
`Current state of health, including a statement of specific medical problems;
`If any of injured plaintiff’s/decedent’s children are deceased, state for each
`deceased child:
`(I)
` Specific medical problems;
`(ii)
` Date and place of death; and
`(iii)
` Cause of death.
`
`(f)
`(g)
`
`
`
`
`
`
`
`
`
`
`
`
`ANSWER:
`i.
`(a) Name: Thomas Sarro
`(b) Date of birth: October 22, 1986
`(c)
`Sex: Male
`(d) Current address: 74 Lance Circle, Bridgeport, CT 06606
`(e)
`Thomas is a natural child.
`(f)
`Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
`information unrelated to respiratory illnesses/conditions and/or cancers and
`further, upon the grounds that it is overbroad, unduly burdensome and not
`reasonably calculated to lead to the discovery of admissible evidence.
`Notwithstanding these objections, and without waiving same, Plaintiff states
`as follows: Thomas is in good health.
`(g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
`information unrelated to respiratory illnesses/conditions and/or cancers and
`further, upon the grounds that it is overbroad, unduly burdensome, and not
`reasonably calculated to lead to the discovery of admissible evidence.
`
`
`(a) Name: Caitlyn Sarro
`(b) Date of birth: July 3, 1990
`(c)
`Sex: Female
`(d) Current address: 1205 Park Lane, Yorktown Heights, NY 10598
`(e)
`Caitlyn is a natural child.
`(f)
`Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
`information unrelated to respiratory illnesses/conditions and/or cancers and
`further, upon the grounds that it is overbroad, unduly burdensome and not
`reasonably calculated to lead to the discovery of admissible evidence.
`
`4
`
`ii.
`
`
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`Notwithstanding these objections, and without waiving same, Plaintiff states
`as follows: Caitlyn is in good health.
`(g) Plaintiff objects to this subdivision of this interrogatory to the extent it seeks
`information unrelated to respiratory illnesses/conditions and/or cancers and
`further, upon the grounds that it is overbroad, unduly burdensome, and not
`reasonably calculated to lead to the discovery of admissible evidence.
`
`
`
` 5.
`
`List all injured plaintiff’s/decedent’s residences, the dates injured plaintiff/decedent
`resided at each, and with respect to each state:
`(a) Whether such residence contained asbestos insulation;
`(b) Whether any improvements were made to the residence (i.e., insulation,
`rewiring, etc.);
`The type of fuel used for heating;
`(c)
`The type of fuel used for cooking; and
`(d)
`(e) Whether injured plaintiff/decedent ever changed residence for health
`reasons and, if so, the residence left and the health reason for leaving.
`
`
`ANSWER:
`To the extent known, Plaintiff resided at the following locations:
`
`i.
`
`Address: 1205 Park Lane, Yorktown Heights, NY 10598
`Dates: 1990 - present
`(a) Asbestos Insulation: Unknown
`-(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Electric for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`ii.
`
`Address: 25 Barker Street, Unit 101, Mt. Kisco, NY
`Dates: 1984-1990
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Gas for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`
`
`
`5
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`iii. Address: 112 Marine Avenue, Brooklyn New York
`Dates: 1980-1984
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Gas for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`iv. Address: Mainz-Gonsenheim, Germany
`Dates: 1977-1980
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Gas for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`Address: Fort Knox, KY
`Dates: 1976- 1977
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Electric for heating; Electric for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`vi. Address: 2754 Springhurst Street, Yorktown Hots, NY
`Dates: 1966-1972
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Electric for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`v.
`
`
`
`6
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`
`
`vii. Address: 3240 Kingsbridge Avenue, Bronx, NY
`Dates: 1954- 1966; 1972-1976
`(a) Asbestos Insulation: Unknown
`(b) Plaintiff objects to this subdivision of this interrogatory upon the grounds
`that it is vague and overbroad. Notwithstanding these objections, and without waiving
`same, Plaintiff states the following: None.
`(c) -(d) Oil for heating; Gas for cooking
`(e) Plaintiff objects to this subdivision of this interrogatory upon the grounds that
`it is vague, and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence.
`
`
`Identify each member of the injured plaintiff’s/decedent’s household in the last five
`6.
`
`years, or years prior to death, and also state as to each:
`(a)
`His age, occupation, and relationship to the injured plaintiff/decedent; and
`(b)
`The portion of the last 12 months, or the last 12 months of the decedent’s
`
`during which he was a member of the household.
`
`life,
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence. Notwithstanding these objections
`and without waiving same, Plaintiff states the following:
`
`
`
`
`i.
`
`
`
`Hanora Sarro
`(a)
`Plaintiff’s spouse; 68; Principal, Willis Towers Watson, Stanford, CT
`(b)
`Entire period
`
`
`
`
`7. List injured plaintiff’s/decedent’s hobbies or the major leisure activities in which he
`
`engaged during the last twenty years, or the last twenty years of his life. If the injured
`plaintiff/decedent did not have hobbies or participate in leisure activities, describe how he spent
`his leisure time.
`
`
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome and that the information sought is not relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence. Notwithstanding these objections
`and without waiving same, Plaintiff states the following:
`
`
`
`
`7
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`Before his diagnosis of mesothelioma, Plaintiff enjoyed traveling to Europe biannually,
`restoring Cold War weapons and shooting them at a local weapon range. Plaintiff also sits
`on various boards and volunteers in numerous disciplines as an attorney.
`
`
`Did injured plaintiff/decedent or his spouse ever file for divorce against the other?
`8.
`If your answer is yes, state the date of suit, its disposition, and the date of disposition.
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that the material sought therein is
`not relevant to this action nor is it reasonably calculated to lead to the discovery of admissible
`evidence. Notwithstanding these objections and without waiving same, Plaintiff states the
`following: Please refer to Plaintiff’s Answer to Interrogatory 2f.
`
`
`Were injured plaintiff/decedent and his spouse ever separated for any period more
`9.
`than 48 hours because of a marital disagreement?
`If your answer is yes, indicate every such incident, stating the reason for the
`separation and the length of time of each separation.
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that the material sought therein is
`not relevant to this action, and the information sought is not reasonably calculated to lead to
`the discovery of admissible evidence. Notwithstanding these objections and without
`waiving same, plaintiff states the following: Please refer to Plaintiff’s Response to
`Interrogatory 8.
`
`10. Was injured plaintiff/decedent ever a party to or a witness in any lawsuit, court or
`administrative proceeding?
`If your answer is yes, state:
`(a) Whether injured plaintiff/decedent was a party or a witness and, if a party,
`whether he was a plaintiff or a defendant;
`The title of the lawsuit or proceeding, the court or agency in which it was
`brought, and the docket number;
`The nature of the charges or claims and, if injured plaintiff/decedent was
`witness, the substance of his testimony;
`The disposition of the case; and
`Identify all insurance carriers or administrative agencies that either made
`payment or declined to make payment with respect to each such lawsuit or
`claim.
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`
`ANSWER:
`Plaintiff was named in a lawsuit involving his previous law partners. The suit was resolved
`outside of court.
`
`
`
`
`8
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`Has injured plaintiff/decedent ever applied and been rejected for a life insurance,
`11.
`medical insurance, or disability insurance policy?
`If you answer is yes, state with regard to each such event:
`The identity of the insurer to whom such application was made;
`The date of such application;
`The identity of any Physician conducting a physical examination with
`regard to such application and the date thereof;
`The reason for such rejection; and
`Produce all documentation of said application and rejection.
`
`(a)
`(b)
`(c)
`
`(d)
`(e)
`
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome, and that the information sought is neither relevant to this action, nor
`reasonably calculated to lead to the discovery of admissible evidence.
`
`C.
`
`
`EMPLOYMENT HISTORY
`
`Have you or anyone on your behalf requested from the Social Security
`12.
`Administration a listing of all of the insured plaintiff’s/decedent’s employers and dates of
`employment?
`
`If your answer is yes, attach a copy of such listing to your responses to these
`interrogatories.
`If not available, execute and provide a release in the form annexed as Exhibit A.
`
`
`ANSWER:
`A duly executed authorization will be provided to RecordTrak for the information sought.
`
`
`Identify each and every employer that injured plaintiff/decedent had from the time
`13.
`he was first employed to present, or to the time of his death, including any and all military service,
`and as to each, state:
`(a)
`
`(b)
`
`(c)
`(d)
`(e)
`
`The period of time injured plaintiff/decedent worked for each such
`employer;
`Each position/job title which injured plaintiff/decedent held with each such
`employer and the dates each such position/job title was held by injured
`plaintiff/decedent;
`The nature of the work performed;
`The location(s) of injured plaintiff’s/decedent’s particular jobsite(s);
`The nature of the materials or products injured plaintiff/decedent worked
`with; and
`(f) Whether said activity involved working in the presence of dust, pollutants,
`or toxic substances and, if so:
`(I)
`Identify by name or type said dust, pollutants, or toxic substances;
`
`
`
`9
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
` State whether any suction device, fan, or other ventilation system
`(ii)
`was present at the jobsite; and
`(iii)
`State whether the employer or any governmental agency or union
`took air samplings at the jobsite and, if so, identify the persons who
`took the air samplings, at the dates such samplings were taken and
`the persons presently having possession or control of any documents
`relating to such air samplings.
`
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome and that the information sought is neither relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence. Notwithstanding these
`objections, and without waiving same, Plaintiff states as follows:
`
`Please refer to Chart “A” annexed hereto. Defendants are also directed to Plaintiff’s
`printout from the Social Security Administration, for which an authorization has been
`provided to RecordTrak.
`
`14.
`
`If injured plaintiff/decedent was self-employed any time, identify each such
`business, and as to each, state:
`(a)
`The period during which injured plaintiff/decedent was self-employed;
`(b)
`The nature of the work performed;
`(c)
`The location(s) of injured plaintiff’s/decedent’s particular jobsite(s);
`(d)
`The nature of the materials or products injured plaintiff/decedent worked
`with; and
`(e) Whether said activity involved working in the presence of dust, pollutants,
`or toxic substances and, if so:
`(I)
`Identify by name or type said dust, pollutants, or toxic substances;
`(ii)
`State whether any suction device, fan, or other ventilation system
`was present at the jobsite; and
`(iii)
`State whether the employer, any governmental agency, any union or
`any other person took air samplings at any jobsite at which injured
`plaintiff/decedent worked, and, if so, identify the person(s) who took
`the air samples, the dates such air samples were taken and the
`persons presently having possession or control of any documents
`relating to such air samples.
`
`ANSWER:
`Plaintiff owned and operated Mark J. Sarro P.C from 1993 to 2009. Plaintiff was later an
`founding partner of Raneri, Light, Sarro, O’Dell, PLLC from 2009 to 2015 and then Sarro
`and Sarro PLLC from 2015 to present.
`
`
`
`15.
`
`For each of your worksites, please state:
`
`
`
`10
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`The name of the worksite;
`The location of the worksite;
`As precisely as possible, the time period you worked at the worksite,
`including the total number of days you worked at the worksite;
`The name and address of each of your employers;
`(d)
`Your job title(s);
`(e)
`Each kind of work you performed at the worksite;
`(f)
`(g) Whether there was one or more occasions when you worked with or around
`raw asbestos or asbestos-containing material(s) at the worksite. For
`subsequent occasions at a given worksite, information which is unchanged
`need not be repeated. If “yes”, for each occasion, please state:
`(I)
`The specific area within the worksite where you worked with or
`around raw asbestos or asbestos-containing material(s);
`(ii)
`As precisely as possible, the time period of each such occasion,
`
`including the total number of days of each such occasion;
`(iii)
`Identify all person(s) who directed your day-to-day work activity
`and that person(s)’ employer;
`Identify all persons who were your co-workers on this occasion;
`(iv)
`Identify all persons who have information regarding your work with
`(v)
`or around raw asbestos or asbestos-containing material(s) on this
`
`occasion;
`
`List each contractor you and/or your attorney allege installed and/or
`(vi)
`removed raw asbestos or asbestos-containing material(s) during
`
`your work at that site;
`(vii) List each contractor you and/or your attorney allege installed and/or
`removed raw asbestos or asbestos-containing material(s) prior to
`your work at that site;
`Identify all documents in your possession or under your control
`relating to your work on this occasion, including but not limited to
`travel logs, diaries, work logs, calendars, time sheets, photographs,
`drawings and union logs or summaries.
`Identify all other documents of which you or your attorneys are
`aware relating to your work on this occasion, including but not
`limited to time sheets, invoices, purchase orders, contracts,
`specifications, photographs, drawings, job logs, work requests and
`union dispatch slips.
`(x) Whether you installed, removed, disturbed or handled raw asbestos
`or asbestos-containing material(s) during the occasion. If “yes”;
`A.
`Describe each
`raw asbestos or asbestos-containing
`material(s) you installed, removed, disturbed or handled
`during the occasion;
`
`(viii)
`
`(ix)
`
`(a)
`(b)
`(c)
`
`
`
`
`
`11
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`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`
`
`B.
`
`C.
`
`D.
`
`E.
`
`B.
`
`C.
`
`D.
`
`E.
`
`Describe specifically the work you performed regarding
`each raw asbestos or asbestos-containing material including
`whether the work was performed indoors or outdoors;
`State whether your employer took any safety precautions to
`protect you from breathing dust. If “yes”, describe each
`safety precaution taken;
`State whether your union or employee association took any
`safety precautions to protect you from breathing dust. If
`“yes”, describe each safety precaution taken; and
`State whether you took any safety precautions to protect you
`from breathing dust. If “yes”, describe each safety
`precaution taken.
`(xi) Whether you allege any exposure to asbestos from raw asbestos or
`asbestos-containing material(s) other than those you personally
`installed, removed, disturbed or handled yourself during the
`occasion. If “yes”:
`A.
`Describe specifically the work you performed during the
`occasion, including whether the work was performed
`indoors or outdoors;
`Describe each
`raw asbestos or asbestos-containing
`material(s) that released the asbestos fibers to which you
`allege exposure.
`List the trade(s) using the raw asbestos or asbestos-
`containing material(s) and identify the employer of each
`trade;
`Describe the manner in which each trade used the raw
`asbestos or asbestos-containing material(s), (for example:
`installed, removed, disturbed or handled);
`Describe:
`(I)
`The area where the trades using the raw asbestos or
`asbestos-containing material(s) worked, and;
`The approximate distance from that area to the area
`where you worked;
`State whether your employer took any safety precautions to
`protect you from breathing dust (for example: work
`segregation, ventilation, wet-down, hazard education,
`working signs, respiratory protection). If “yes”, describe
`each safety precaution taken;
`State whether your union or employee association took any
`safety precautions to protect you from breathing dust. If
`“yes”, describe each safety precaution taken; and
`
`(ii)
`
`F.
`
`G.
`
`12
`
`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`H.
`
`State whether you took any safety precautions to protect you
`from breathing dust. If “yes”, describe each safety
`precaution taken.
`
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome and that the information sought is neither relevant to this action, nor reasonably
`calculated to lead to the discovery of admissible evidence. Notwithstanding the above
`objections, and without waiving same, Plaintiff responds as follows:
`
`Please refer to Chart “A” annexed hereto.
`
`
`If you are aware that any person you have identified in the preceding Interrogatory
`16.
`Nos. 14 and 15 has had his or her deposition taken, identify the deposition by the name of the
`deponent, the date the deposition was taken, the caption and number of the action in which it was
`taken, the court which has jurisdiction over the action in which it was taken (including state and
`county) and either the name and address of the court reporting agency which took the deposition
`or the name and address deponent’s counsel of record.
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is unduly burdensome in that
`it calls for information equally and as readily available to defendants as it is to plaintiff, and
`calls for information neither relevant to this action and is not reasonably calculated to lead
`to the discovery of admissible evidence. Notwithstanding these objections and without
`waiving same, Plaintiff states the following: The Court’s Case Management Order sets forth
`deadlines for disclosure of documents and witnesses, and accordingly, same shall be provided
`by Plaintiff as requested. Plaintiffs’ complaint sets forth allegations against the respective
`defendants to this action, and discovery is ongoing.
`
`
`Either (1) attach all documents evidencing the information sought in these
`17.
`interrogatories and their subparts to your answers to these interrogatories, or (2) attach disks
`containing such data, or (3) describe such documents with sufficient particularity that they may be
`made the subject of a request for production of documents.
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague and overbroad, and
`is not the proper subject for an interrogatory as the information sought is evidentiary in
`nature.
`
`
`Did injured plaintiff/decedent ever lose a job, change jobs or change his position
`18.
`with an employer for health reasons?
`If your answer is yes, state as to each such event:
`(a)
`The employer and job position which injured plaintiff/decedent left;
`
`
`
`13
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`

`

`FILED: ALBANY COUNTY CLERK 09/14/2023 10:54 AM
`NYSCEF DOC. NO. 312
`
`INDEX NO. 908796-22
`
`RECEIVED NYSCEF: 09/14/2023
`
`
`
`(b)
`(c)
`(d)
`
`The date of such event;
`The health reason for such event; and
`The new employer and/or job position which injured plaintiff/decedent next
`assumed.
`
`
`ANSWER:
`Plaintiff objects to this interrogatory to the extent that it seeks material neither relevant to
`this action, nor reasonably calculated to lead to the discovery of admissible evidence.
`Notwithstanding these objections, and without waiving same, Plaintiff states the following:
`
`Plaintiff is currently closing his law practice due to the symptoms and treatments relating to
`his mesothelioma.
`
`
`
`Are you aware of, have you ever seen, or do you or your attorney possess or have
`19.
`access to any photographs, charts, drawings, diagrams or other graphic representations depicting
`work conditions at work sites where you claim injured plaintiff/decedent was exposed to asbestos
`materials and/or asbestos-containing products?
`If your answer is yes, with respect to each:
`(a)
`Identify each such photograph or other document, including a statement as
`to which views, scenes or objects it purports to depict, the person who took
`or prepared each such photograph or other document, and the date taken or
`prepared;
`State whether the photograph or other document was prepared on your
`behalf or on behalf of other persons allegedly exposed to asbestos or as a
`result of circumstances relating to this or any other lawsuit; and
`Attach a copy.
`
`(b)
`
`(c)
`
`
`ANSWER:
`Plaintiff objects to this interrogatory upon the grounds that it is vague, overbroad, unduly
`burdensome, and an improper subject for an interrogatory to the extent it seeks attorney
`work product. Notwithstanding these objections, and without waiving same, Plaintiff is
`currently searching for photographs and will produce if located.
`
`
`During the period of time for which you claim injured plaintiff/decedent was
`20.
`exposed to asbestos materials and/or asbestos-containing products, did injured plaintiff/decedent
`share a household with any other person(s) who worked or was employed outside the household?
`If your answer is yes, identify:
`(a)
`Each such other person;
`(b)
`The period(s) of time each such other person shared such household;
`(c)
`The period(s) of time each such other person worked or was so employed;
`(d)
`The nature of each job held or job title for each such other person in each
`such period of time; and