FILED: BRONX COUNTY CLERK 04/21/2016 02:35 PM
`FILED: BRONX COUNTY CLERK 04m2016 02:35 PM
`
`NYSCEF DOC. NO. 169
`NYSCEF DOC. NO. 169
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`
`INDEX NO. 21612/2011E
`INDEX NO- 21612/20113
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`RnCnIVnD VYSCEF: 04/21/2016
`RECEIVED NYSCEF: 04/21/2016
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`‘ EXHIBIT D -‘
`
`
`FILED: BRONX COUNTY CLERK 04m2016 02:35 PM
`
`NYSCEF DOC. NO. 169
`NYSCEF DOC. NO. 169
`
`
`INDEX NO. 21612/2011E
`INDEX NO- 21612/20113
`
`
`
`
`
`RnCnIVnD VYSCEF: 04/21/2016
`RECEIVED NYSCEF: 04/21/2016
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`
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`‘ EXHIBIT D -‘
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`__________________________________________________________________________X
`
`JACKELINE MONTOYA,
`
`Index No.: 21612/201 IE
`
`Plaintiff,
`
`RESPONSE TO
`PRELIMINARY
`
`-against—
`
`CONFERENCE ORDER
`
`BAY
`
`PLAZA
`
`APPLE,
`
`LLC,
`
`BAY
`
`PLAZA
`
`COMMUNITY CENTRE, LLC AND SP CENTER, LLC,
`DAPFY’S,
`INC.,
`and ACCOLADE
`BUILDING
`MAINTENANCE CORR,
`
`__________________________________________________________________________X
`
`C O U N S E L O R S :
`
`Defendants.
`
`PLEASE TAKE NOTICE that the defendants BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC,
`
`by their attorneys MALAPERO & PRISCO LLP as and for its response to this matter’s
`
`Preliminary Conference Order dated May 17, 2012, respectfully state upon information and
`
`belief as follows.
`
`INSURANCE
`
`Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC were issued a
`
`policy of insurance by Philadelphia Indemnity Insurance Company with policy number
`
`PHPK560471, with effective dates of April 25, 2010 to April 25, 2011, in the amount of Two
`
`Million($2,000,000.00)Dollars in the general aggregate limit; and One Million($1,000,000.00)
`
`Dollars per occurrence.
`
`
`BILL OF PARTICULARS AS TO AFFIRMATIVE DEEENSES
`
`Upon
`
`information
`
`and
`
`belief,
`
`defendants
`
`defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC, have not received a demand for a bill of particulars as to affirmative defenses.
`
`— 1 —
`
`(82-459)
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`
`
`WITNESSES
`
`Upon
`
`information
`
`and
`
`belief,
`
`defendants
`
`defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC, are unaware of any Witnesses other than those disclosed by the plaintiff.
`
`
`
`STATEMENTS
`
`Upon
`
`information
`
`and
`
`belief,
`
`defendants,
`
`defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC, are not in possession of any statements issued by plaintiff.
`
`PHOTOSRAPHS
`
`Upon
`
`information
`
`and
`
`belief,
`
`defendants
`
`defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC, are not in possession of any photographs of the scene of the accident other than
`
`those which may have been provided by plaintiff.
`
`
`DEMANBS FOR DISCOVERY
`
`Annexed
`
`as Exhibit
`
`“A”,
`
`are
`
`defendants
`
`defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC responses to plaintiff s demands and notices for discovery.
`
`— 2 -
`
`(82-459)
`
`
`
`PLEASE TAKE NOTICE,
`
`that
`
`the defendants, defendants BAY PLAZA
`
`COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP
`
`CENTER, LLC, herein reserve their right to amend and/or supplement these responses should
`
`further information and/or documentation become available up to and including the time of trial.
`
`Dated: New York, New York
`
`May 23, 2012
`
`
`
`' rto, Esq.
`By: Bank .
`MALXRERO & FRISCO, LLP
`Attorneys for Defendants
`BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA
`
`COMMUNITY CENTRE, LLC, and
`SP CENTER, LLC
`295 Madison Avenue
`
`New York, New York 10017
`
`(212) 661—7300
`
`TO:
`
`KRAVET, HOEFER & MAHER, PC.
`Attorney for Plaintiff
`1135A Morris Park Avenue, Suite 202
`Bronx, New York 10461
`Telephone No.: (718) 931—3131
`
`PILLINGER, MILLER, TARALLO, LLP
`Attorneys for Defendant BAY PLAZA APPLE, LLC
`570 Taxter Road, Suite 275
`
`Elmsford, New York 10523
`
`James M. Horan, Esq.
`FUREY, FUREY, LEVERAGE, MANZIONE,
`
`WILLIAMS & DARLINGTON, PC.
`Attorneys for Defendant
`ACCOLADE BUILDING MAINTENANCE CORP.
`
`600 Front Street
`
`Hempstead, New York, 11550-4494
`(516) 53 8-2500
`
`— 3 —
`
`(82-459)
`
`
`
`SATRANEK, COHEN & CROLIAN
`Attorneys for Defendant
`DAFFY’S INC.
`
`1 Water Street
`
`White Plains, New York 10601
`
`(914) 997—0072
`
`— 4 —
`
`(82—459)
`
`
`
`STATEMENT PURSUANT TO 22 N.Y.C.R.R. §130.1ga§:
`
`The following document, appended hereto, and listed below, is, to the best of the
`signer’s knowledge,
`information, and belief, after inquiry, certified as not fiivolous.
`If this
`particular document
`is not the original, an original has been executed to comply with the
`requirements.
`
`Answer/Reply
`Demand for Interrogatories
`Notice for Discovery and inspection of Collateral Sources
`Demand for Copies of Plaintiff” s Medical Reports and Authorizations
`Notice to Produce
`
`Notice Pursuant to CPLR §2103(e)
`Notice for Discovery of Statement of Party
`Notice to Take Deposition Upon Oral Examination
`Notice for Discovery and Inspection of Loss of Income Data
`Notice for Discovery and Inspection of Expert Witness Information
`Demand for Change of Venue
`X Response to Preliminary Conference Order
`Notice of Motion
`
`lllllllllll
`HIIIHIH
`
`Affirmation
`
`Summons and Complaint/Cross-Claim/Counterclaim/Petition
`Third—Party Summons and Complaint
`Statement under CPLR §3402b)
`Notice for Trial/Inquest/Note of Issue
`Request for Judicial Intervention
`Notice to Admit
`
`Demand for Index Number
`
`Dated:
`
`New York, New York
`
`May 22, 2012
`
`
`
`MALAP RO & RISCO, LLP
`Attorneys for De ,ndants
`BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA
`
`COMMUNITY CENTRE, LLC, and
`SP CENTER, LLC
`295 Madison Avenue
`
`New York, New York 10017
`
`(212) 661-7300
`
`— 5 —
`
`(82-459)
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`............................................................................. X
`
`JACKELINE MONTOYA,
`
`Index No: 21612/201 IE
`
`Plaintiff,
`
`-against-
`
`RESPONSE TO
`PLAINTIFP’S DEMAND
`
`FOR DISCOVERY AND
`INSPECTION
`
`BAY PLAZA APPLE, LLC, BAY PLAZA COMMUNITY
`
`CENTRE, LLC AND SP CENTER, LLC, DAPPY’S, INC,
`
`and ACCOLADE BUILDING MAINTENANCE CORP,
`
`.............................................................................X
`
`COUNSELORS:
`
`Defendants.
`
`PLEASE TAKE NOTICE that the defendants BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC,
`
`by their attorneys MALAPERO & PRISCO LLP as and for its response to the plaintiff’s
`
`combined demands dated January 25, 2012, respectfully states upon information and belief as
`
`follows.
`
`DEMAND FOR PARTY STATEMENTS
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`vague.- Over objection and without waiving same,
`
`the responding defendants are not
`
`in
`
`possession of any statements issued by plaintiff other than those which may be contained in her
`
`medical records.
`
`DEMAND FOR MONITORING VIDEO/DIGITAL FOOTAGE
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`vague. Over objection and Without waiving same, the responding defendants are conducting a
`
`good faith search for any video which relates to this matter and will advise plaintiff’s counsel of
`
`the results of that search promptly upon the conclusion of same.
`
`
`
`DEMAND EOE ENSURANCE POEECY
`
`Defendants will respond to plaintiff’s demand for insurance disclosure under
`
`separate cover.
`
`DEMAND FOR A€CEDENT REPORTS
`
`Defendants object to plaintiff’s demand as ovei‘broad, unduly burdensome and
`
`vague. Over objection and without waiving same, defendant is conducting a good faith search
`
`for accident reports which relate to this matter.
`
`
`DEMAND EOE WETNESS DESCEOSURE
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`vague. Over objection and Without waiving same, at this time the responding defendants are
`
`unaware of any Witnesses other than those disclosed by the plaintiff.
`
`DEMAND EOR EXPERT WETNESS DESCEOSURE
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`vague. Over objection and without waiving same, the defendant will retain an expert as per the
`
`prescribed time frame in CPLR 3101(d).
`
`DEMAND FOR PHOTOGRAPHS
`
`Defendants object to plaintiffs demand as overbroad, unduly burdensome and
`
`vague. Over objection and without waiving same, defendant is conducting a good faith search
`
`for photographs which relate to this matter.
`
`DEMAND FOR DISCOVERABLE RECORES
`
`Defendants object to plaintiff‘s demand as overbroad, unduly burdensome and
`
`vague.
`
`
`
`DEMAND EGR ENTERNAL STORE AND FRANCHESE RULE RECEJLA'E‘EGNS
`
`Defendants object to plaintiff's demand as overbroadu unduly burdensome and
`
`vague.
`
`m
`
`)EMAND FOR LEASE
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`vague. Over objection and without waiving same, the responding defendants are conducting a
`
`search for leases that are pertinent, if any, to the case at bar.
`
`DEMAND FDR MAENTENANCE REPAER, CGNSTRUCTEON
`AND PREGR NG'EECE RECQRDS
`
`Defendants object to plaintist demand as overbroad, unduly burdensome and
`
`vague.
`
`vague.
`
`vague.
`
`vague.
`
`DEMAND TD ENSFECT 'EHE ACCEDEN'E SCENE
`
`Defendants object to plaintiffs demand as overbroad, unduly burdensome and
`
`DEMAND FDR ACTUAL AND CONSTRUCTEVE NGTECE
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`DEMAND FOR AGENTS/EMPLOYEE MAINTENANCE,
`SECURETY AND SNQW REMOVAL INFORMATION
`
`Defendants object to plaintiff’s demand as overbroad, unduly burdensome and
`
`PLEASE TAKE NOTICE, that the defendants, BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC,
`
`herein reserve their right to amend and/or supplement these responses up to and including the
`
`time of trial.
`
`
`
`Dated:
`
`New York, New York
`
`February 9, 2012
`
`”\
`
`\{gw
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`1% j R}
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`Kilbfii‘YtOJEsq
`{g}?
`Attk‘f9alga/s for Defendants
`ERO&/PRISCO LLP
`
`BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA
`
`COMMUNITY CENTRE, LLC, and
`SP CENTER, LLC
`295 Madison Avenue
`
`New York, New York 10017
`
`(212) 661—7300
`
`
`
`ESTA’I‘EMENT PURSUANT "E0 22 NYCRR. §139-I.ia:
`
`The following documents, appended hereto, and listed below, is, to the best of the
`signer’s knowledge,
`information, and belief, after inquiry, certified as not frivolous.
`If this
`particular document
`is not
`the original, an original has been executed to comply with the
`requirements.
`
`X
`
`Illllllllllllllllll
`
`Response to Plaintiff’s Demand for Discovery and Inspection
`Demand for Bill of Particulars
`
`Notice for Discovery and inspection of Collateral Sources
`Demand for Copies of Plaintiff” s Medical Reports and Authorizations
`Notice to Produce
`
`Notice Pursuant to CPLR §2103(e)
`Notice for Discovery of Statement of Party
`Notice to Take Deposition Upon Oral Examination
`Notice for Discovery and Inspection of Loss of Income Data
`Notice for Discovery and Inspection of Expert Witness Information
`Demand for Insurance Information
`
`Demand for Ad Damnum Information
`
`Social Security Disability Authorization
`Demand for Witness Disclosure
`Notice of Default
`
`Demand for Jury
`Demand for Index Number
`
`Response to Preliminary Conference Order
`Demand for Trial De Novo
`Other
`
`Dated:
`
`New York, New York
`February 9, 2012
`
`1
`
`If»,
`
`
`
`outsetc,\2§1'ti
`Dx'Pa LIj“"5()Giibe‘rto Esq
`
`MADACP RO & FRISCO LLP
`Attorneys for Defendants
`BAY PLAZA COMMUNITY
`
`CENTER, LLC i/s/h/a BAY PLAZA
`COMMUNITY CENTRE, LLC, and
`SP CENTER, LLC
`295 Madison Avenue
`
`New York, New York 10017
`
`{212) 661-7300
`
`
`
`AFFIDAVIT OF SERVICE
`
`) )
`
`ss.:
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`DOMINIQUE LITTLE, being duly sworn, deposes and says:
`
`That I am not a party to this action, and am over 18 years of age.
`
`On the g:
`
`day of May, 2012 I served the within RESPONSE TO
`
`PRELIMINARY CONFERENCE ORDER upon the attorneys whose names and addresses are set
`
`forth below, by enclosing a true copy thereof in a securely sealed envelope/container, with proper
`
`postage, addressed to its respective offices, and by depositing the same in an official box of the US.
`
`Post Office regularly maintained by the United States Government at 295 Madison Avenue, New
`
`York, New York 10017.
`
`TO:
`
`KRAVET, HOEFER & MAHER, PC.
`Attorney for Plaintiff
`1135A Morris Park Avenue, Suite 202
`
`Bronx, New York 10461
`Telephone No.: (718) 931—3131
`
`PILLINGER, MILLER, TARALLO, LLP
`Attorneys for Defendant BAY PLAZA APPLE, LLC
`570 Taxter Road, Suite 275
`
`Elinsford, New York 10523
`
`James M. Horan, Esq.
`FUREY, FUREY, LEVERAGE, MANZIONE,
`
`WILLIAMS & DARLINGTON, PC.
`Attorneys for Defendant
`ACCOLADE BUILDING MAINTENANCE CORP.
`
`600 Front Street
`
`Hempstead, New York, 11550—4494
`(516) 538—2500
`
`— 6 —
`
`(82—459)
`
`
`
`SATRANBK, COHEN & CROLIAN
`
`Attorneys for Defendant
`DAFFY’S INC.
`
`1 Water Street
`
`White Plains, New York 10601
`
`(914) 997-0072
`
`193171120 before me this
`5%)
`day ofMay, 2012.
`z
`
`
`
`h:\files\82~459\motion>, discove
` . , notice. etc\rcs.pco.doc/zt
`
`
`
`m Nassau Cosme;
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`My Commission Expires Maren 19, 2015
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`DbMWIQUfiE/EITTLE
`
`— 7 —
`
`(82-459)
`
`
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