FILED: BRONX COUNTY CLERK 04/28/2016 02:53 PM
`FILED: BRONX COUNTY CLERK 042016 02:53 P
`NYSCEF DOC. NO; 189
`NYSCEF DOC. NO. 189
`
`INDEX NO. 21612/2011E
`INDEX N0- 21612/20113
`R*.C*.IV*.D \IYSCEF: 04/28/2016
`RECEIVED NYSCEF: 04/28/2016
`
`EXHIBIT F
`
`
`FILED: BRONX COUNTY CLERK 042016 02:53 P
`NYSCEF DOC. NO; 189
`NYSCEF DOC. NO. 189
`
`INDEX NO. 21612/2011E
`INDEX N0- 21612/20113
`R*.C*.IV*.D \IYSCEF: 04/28/2016
`RECEIVED NYSCEF: 04/28/2016
`
`EXHIBIT F
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`...........................................................................--X
`
`JACKELINE MONTOYA,
`
`Index No.: 21612/2011E
`
`Plaintiff,
`
`—against-
`
`SUPPLEMENTAL
`RESPONSE TO
`
`COURT ORDER OF
`NOVEMBER 24 2015
`
`BAY PLAZA APPLE, LLC, BAY PLAZA COMMUNITY
`CENTRE, LLC AND SP CENTER, LLC, DAFFY’S, INC., and
`ACCOLADE BUILDING MAINTENANCE CORP.,
`
`.
`Defendants.
`...........................................................................--X
`
`C O U N S E L O R S:
`
`PLEASE TAKE NOTICE, that the defendants, BAY PLAZA COMMUNITY
`
`CENTRE, LLC AND SP CENTER, LLC, by and through their attorneys, MALAPERO &
`
`PRISCO LLP, further respond to the Court’s Order of November 24, 2015 which directed that
`
`defendants respond to plaintiffs “combined demands of June 17, 2012.” A review of defendants’
`
`file confirms that “plaintiffs combined demands of June 17, 2012” does not exist. However, in a
`
`further good faith effort to respond to this Court’s Order of November 24, 2015 and plaintiffs
`
`correspondence of March 21, 2016, defendants, BAY PLAZA COMMUNITY CENTRE, LLC
`
`AND SP CENTER, LLC, state upon information and belief as follows:
`
`RESERVATION OF RIGHTS:
`
`A.
`
`To the extent that defendant produces documents in response to said demands, they
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`do so without conceding the materiality, authenticity, admissibility or relevance of
`
`any such documents, or of any substantive responses to demands.
`
`B.
`
`Defendant reserves all objections to the use of these responses and if any documents
`
`produced in connection herewith. Such objections may be interposed by responding
`
`defendants at any time, including at the time of trial or as otherwise required by the
`
`rules and orders of this Court.
`
`-1- (82-459)
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`
`
`Defendant reserves the right
`
`to amend, supplement, modify or correct
`
`these
`
`responses, objections and production of documents, if any, as additional information
`
`and/or documents are identified and/or become available.
`
`Insofar as the inadvertent production of any documents by the defendants pursuant
`
`to the demands may be deemed a waiver of any privilege or right, such waiver shall
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`be deemed to be a limited waiver solely with respect to that particular document.
`
`The inadvertent production of any document shall not be deemed or construed to
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`constitute a waiver of any privilege,
`
`right or obligation of defendants, and
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`defendants reserve the right to demand that such document and all copies thereof
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`be returned to defendants.
`
`Defendant reserves the right to redact non-responsive material from many otherwise
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`responsive documents that may be produced as part of defendants’ responses to the
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`demands.
`
`GENERAL OBJECTIONS:
`
`Defendant objects to the demands to the extent
`
`that
`
`they seek information,
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`documents or other materials that are neither relevant to the subject matter of the
`
`pending action nor reasonably calculated to lead to the discovery of admissible
`
`evidence.
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`Defendant objects to the demands to the extent that they purport to seek infonnation,
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`documents or other materials protected by the attorney—client privilege, the work
`
`product doctrine or any other applicable privilege or immunity.
`
`Defendant obj ects to the demands to the extent that they purport to seek documents
`
`generated by or at the direction of their counsel.
`
`In responding to the demands,
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`defendants will construe the demands as not requesting production of such
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`documents.
`
`Defendant objects to the demands to the extent
`
`that
`
`they purport
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`to require
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`defendants to produce or to provide information or documents not Within responding
`
`defendants’ possession, custody or control.
`
`-2- (82.459)
`
`
`
`Defendant objects to the demands to the extent that they do not incorporate time
`
`limitations.
`
`Defendant objects to the demands to the extent that they seek to impose obligations
`
`extended beyond those imposed or authorized by the CPLR of this Court.
`
`Defendant objects to the demands to the extent that they purport to demand
`
`information, documents or other materials created, dated or generated after the date
`
`of the complaint that this action was filed.
`
`These general objections are continuing and are incorporated by reference and
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`response to each of the demands set forth below. Any objection or lack of objection
`
`to any portion of the demands is not to be deemed an admission. Subject to and
`
`without waiver of these general objections, defendants respond to the demands of
`
`co—defendant as follows:
`
`1. STATEMENTS
`
`RESPONSES
`
`8)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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, whether in writing or transcribed from oral
`
`declaration or tape recording, issued by plaintiff.
`
`13)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,LLC, are
`
`-3- (82-459)
`
`
`
`not in possession of any statements, including copies of actual audio tape
`
`recordings, issued by plaintiff.
`
`c) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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.
`
`2. SURVEILLANCE VIDEO
`
`a) Defendants object to plaintiffs demand for the name and address of the entity or
`
`person who is responsible for the suveillance camera system at the subject
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`location as irrelevant, overbroad, unduly burdensome and vague.
`
`b) Defendants object to plaintiff’s demand for a copy of the agreement between the
`
`defendants and the entity which provides surveillance as irrelevant, overbroad,
`
`unduly burdensome and vague.
`
`c) Defendants object to plaintiffs demand for the equipment name, make and model
`
`used at the subject location as irrelevant, overbroad, unduly burdensome and
`
`vague.
`
`d) Defendants object to plaintiffs demand for the exact number of surveillance
`
`cameras as the subject location as irrelevant, overbroad, unduly burdensome and
`
`vague.
`
`e) Defendants object to plaintiffs demand for the exact number of cameras at the
`
`subject location as irrelevant, overbroad, unduly burdensome and vague.
`
`-4- (82-459)
`
`
`
`0
`
`Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 surveillance video of the subject bathroom, however,
`
`defendants continue to conduct a good faith search, and should same exist
`
`defendants reserve the right to supplement this response.
`
`g)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 surveillance video of the subject bathroom, however,
`
`defendants continue to conduct a good faith search, and should same exist
`
`defendants reserve the right to supplement this response.
`
`11)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon '
`
`information and belief, 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 surveillance video of the subject bathroom, however,
`
`defendants continue to conduct a good faith search, and should same exist
`
`defendants reserve the right to supplement this response.
`
`Defendants object to plaintiff’ s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`-5- (82-459)
`
`
`
`information and belief, 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 surveillance video of the subj ect bathroom, however,
`
`defendants continue to conduct a good faith search, and should same exist
`
`defendants reserve the right to supplement this response.
`
`j) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 surveillance video of the subject bathroom, however,
`
`defendants continue to conduct a good faith search, and should same exist
`
`defendants reserve the right to supplement this response.
`
`k) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague.
`
`l) Defendants object to plaintiffs demand for the names and last known address of
`
`any employee, agent, investigator company, or other individual who recorded
`
`materails as irrelevant, overbroad, unduly burdensome and vague.
`
`m) Defendants object to plaintiff’ s demand for any transcripts, note, and memoranda
`
`of materials referred to in letter (a) above as irrelevant, overbroad, unduly
`
`burdensome and vague.
`
`3.
`
`INSURANCE
`
`a) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague.
`
`-6- ($2-459)
`
`
`
`,;..,\
`
`b) 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 PHPK56047l, with effective dates of I
`
`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.
`
`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 PHPK56047l, 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.
`
`d)
`
`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 PHPK56047l, 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
`
`p61’ OCCUITCIICC.
`
`-7- (82-459)
`
`
`
`6)
`
`Defendants object to plaintiffs demand for any other claims pending or paid
`
`against any of the aforementioned insurance coverage as irrelevant, overbroad,
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`unduly burdensome and vague.
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`Defendants object to plaintiffs demand for any other claims pending or paid
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`against any of the aforementioned insurance coverage as irrelevant, overbroad,
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`unduly burdensome and vague.
`
`g)
`
`Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague.
`
`4. ACCIDENT / INCIDENT REPORTS
`
`3)
`
`Upon information and belief, 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 accident / incident reports, however, defendants
`
`continue to conduct a good faith search, and should same exist defendants reserve
`
`the right to supplement this response.
`
`b)
`
`Upon information and belief, 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 accident / incident reports, however, defendants
`
`continue to conduct a good faith search, and should same exist defendants reserve
`
`the right to supplement this response.
`
`5. WITNESSES
`
`3) Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`-8- (82-459)
`
`
`
`LLC, are unaware of any witnesses other than those disclosed by the parties to
`
`this action.
`
`b)
`
`Upon and belief, defendants BAY PLAZA COMMUNITY CENTER, LLC i/s/h/a
`
`BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
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`unaware of any witnesses other than those disclosed by the parties to this action.
`
`Defendants object to plaintiffs demand for the name and address of each witness
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`who possesses Vital information bearing on the alleged liability issues as
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`irrelevant, overbroad, unduly burdensome and vague.
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`d)
`
`Upon and belief, defendants BAY PLAZA COMMUNITY CENTER, LLC i/s/h/a
`
`BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
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`unaware of any witnesses other than those disclosed by the parties to this action.
`
`Defendants object to plaintiffs demand for the name and address of each witnes
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`who will testify to the existence of an alleged defective condition as irrelevant,
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`overbroad, unduly burdensome and vague.
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`Defendants object to plaintiff’s demand for the names and address of each witness
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`who was a res gestae witness as irrelevant, overbroad, unduly burdensome and
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`vague.
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`g)
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`Defendants object to plaintiffs demand for the names and address of each witness
`
`who defendants will call at trial to testify in connection with plaintiffs alleged
`
`injuries as irrelevant, overbroad, unduly burdensome and vague.
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`11)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
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`burdensome and vague.
`
`-9- (82-459)
`
`
`
`’"‘\
`
`i)
`
`Defendants object to plaintiffs demand for the identities of all investigators
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`and/or photographs who filmed, photographed or tape recorded plaintiff as
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`irrelevant, overbroad, unduly burdensome and Vague.
`
`D
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`Defendants object to plaintiffs demand for the name, position, date of birth and
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`last known address of each person who defendant will call to testify at trial as to
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`plaintiffs alleged condition as irrelevant, overbroad, unduly burdensome and
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`vague.
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`6. EXPERT WITNESSES
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`3)
`
`Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`LLC, have exchanged Dr. Allen E. Rubenstein on October 29, 2015, and Dr.
`
`Benjamin E. Rosenstadt on October 29, 2015, pursuant to CPLR §3101(d).
`
`b)
`
`Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`LLC, have exchanged Dr. Allen E. Rubenstein on October 29, 2015, and Dr.
`
`Benjamin B. Rosenstadt on October 29, 2015, pursuant to CPLR §3101(d).
`
`Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`LLC, have exchanged
`
`Allen E. Rubenstein on October 29, 2015, and Dr.
`
`Benjamin E. Rosenstadt on October 29, 2015, pursuant to CPLR §3101(d).
`
`d)
`
`Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`LLC, have exchanged Dr. Allen B. Rubenstein on October 29, 2015, and Dr.
`
`-10- (82-459)
`
`
`
`Benjamin E. Rosenstadt on October 29, 2015, pursuant to CPLR §3101(d).
`
`e) Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and‘ SP CENTER,
`
`LLC, have exchanged Dr. Allen E. Rubenstein on October 29, 2015, and Dr.
`
`Benjamin B. Rosenstadt on October 29, 2015, pursuant to CPLR §3 l0l(d).
`
`f) Upon information and belief, defendants BAY PLAZA COMMUNITY CENTER,
`
`LLC i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER,
`
`LLC, have exchanged Dr. Allen E. Rubenstein on October 29, 2015, and Dr.
`
`Benjamin E. Rosenstadt on October 29, 2015, pursuant to CPLR §3 l0l(d).
`
`Annexed hereto as Exhibit “A” are copies of defendants’ CPLR §3101(d)
`
`exchanges.
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`7. PHOTOGRAPHS
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`:1) Upon information and belief, 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 incident other
`
`than those which may have been provided by the parties to this action.
`
`b) Defendants obj ect to plaintiff’s demand for photographs of the condition of the
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`subject incident site immediately after plaintiffs alleged incident as irrelevant,
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`overbroad, unduly burdensome and vague. Over objection and without waiting
`
`same, upon information and belief, 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
`
`-l 1- (82-459)
`
`
`
`incident other than those which may have been provided by the parties to this
`
`action.
`
`Upon information and belief, 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 incident other
`
`than those which may have been provided by the parties to this action.
`
`8. DISCOVERABLE RECORDS AND INFORMATION
`
`3)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, do
`
`not have a residence, however, defendants address is 2100 Bartow Ave, Bronx,
`
`New York 10475.
`
`11)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
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`burdensome and Vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, do
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`not have a date of birth.
`
`Defendants object to plaintiff’ s demand for any medical, hospital or other health
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`care provider reports as irrelevant, overbroad, unduly burdensome and vague, and
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`same would be in the possession of plaintiff.
`
`-12- (82-459)
`
`
`
`d) Defendants object to plaintiffs demand for the results of any investigation by any
`
`bureau, agency, department, outstide consultant concerning the subject incident as
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`irrelevant, overbroad, unduly burdensome and vague.
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`e) Defendants object to plaintiffs demand for transcripts of any hearing, boards of
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`inquiry, safety review, or any governmental entities concerning the subject
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`incident as irrelevant, overbroad, unduly burdensome and vague.
`
`f) Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
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`conducting a good faith search of any procedures, practices, manuals, rules and
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`regulations, guidelines and instructions setting forth and governing the
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`maintenance and repair work at the subject bathroom, and should same exist
`
`defendants reserve the right to supplement this response.
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`9.
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`INTERNAL RULES AND REGULATIONS
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`a) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
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`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
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`conducting a good faith search of any internal store / franchise rules, regulations,
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`guidelines, safety guidelines, notices and pamphlets relating to the repair,
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`maintenance, inspection, replacement, management, supervision, demolition,
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`construction, renovation, cleaning, sweeping, mopping, waxing, snoW—removal
`
`-13- (82-459)
`
`
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`and/or security of the subj ect bathroom, and should same exist defendants reserve
`
`the right to supplement this response.
`
`b) Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
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`conducting a good faith search of any materials, sessions, or representatives of
`
`any training programs concerning the subject bathroom, and should same exist
`
`defendants reserve the right to supplement this response.
`
`10. LEASES
`
`a) Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`not in possession of the lease agreement between BAY PLAZA COMMUNITY
`
`CENTER, LLC AND SP CENTER, LLC and Personal Touch allegedly in effect
`
`on August 16, 2010. Over further objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`conducting a good faith search of any leases for the subject bathroom, and should
`
`same exist defendants reserve the right to supplement this response. As a
`
`courtesy, annexed hereto as Exhibit “B” are the leases between defendant, BAY
`
`PLAZA COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA COMMUNITY
`
`-14- (82-459)
`
`
`
`CENTRE, LLC, and Bay Plaza Apple LLC, and the lease between defendant,
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`BAY PLAZA COMMUNITY CENTER, LLC i/s/h/a BAY PLAZA
`
`COMMUNITY CENTRE, LLC, and Daffy’s, Inc.
`
`1))
`
`Defendants object to plaintiff’s demand for license agreements for the subj ect
`
`bathroom as irrelevant, overbroad, unduly burdensome and vague.
`
`11. MAINTENANCE REPAIR AND CONSTRUCTION RECORDS
`
`3)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`the subject bathroom. Although previously exchanged by co~defendant, Accolade
`
`Building Maintenance Corp., on September 16, 2014, as a measure of good faith,
`
`annexed hereto as Exhibit “C”, is a contract for janitorial services between
`
`Defendants and Accolade Building Maintenance Corp.
`
`bl
`
`Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`P
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`not in possession of any records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`—l5- (82-459)
`
`
`
`0)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`d)
`
`Defendants object to plaintiff’s demand for the name, address, employment
`
`relationship and date of birth of the person or entity responsible for repair or
`
`maintenance of the subject bathroom for a 3 year period prior to and including the
`
`date of incident, as irrelevant, overbroad, unduly burdensome and vague." Over
`
`objection and without waiving same, upon information and belief, co-defendant,
`
`Accolade is responsible for repair or maintenance of the subject bathroom at the
`
`time of plaintiff’ s alleged incident.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`-16- (82-459)
`
`
`
`:.~«<..,x
`
`information and belief, 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 accident/ incident reports, however, defendants continue
`
`to conduct a good faith search, and should same exist defendants reserve the right
`
`to supplement this response.
`
`Defendants object to plaintiffs demand for post-incident repairs as irrelevant,
`
`g)
`
`overbroad, unduly burdensome and vague. Furthermore, defendants object to
`
`plaintiffs demand as improper. Neirnann V. Luca, 214 A.D.2d 658 (2d Dept. 1995).
`
`h)
`
`Defendants object to plaintiff’s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 incident other than those
`
`which may have been provided by the parties to this action.
`
`Defendants object to plaintiffs demand for job meeting minutes, safety meeting
`
`minutes and/or gang box meeeting minutes as irrelevant, overbroad, unduly
`
`burdensome and vague.
`
`J’)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`-17- (82-459)
`
`
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`k) Defendants object to plaintiffs demand for a site safety plan as irrelevant,
`
`overbroad, unduly burdensome and vague.
`
`I) Defendants object to plaintiff’ s demand for safety manuals, safety memos and
`
`other safety materials distributed to employees as irrelevant, overbroad, unduly
`
`burdensome and Vague.
`
`m) Defendants object to plaintiffs demand for the name and address of the person
`
`designated as a “site safety officer” for the subject bathroom as irrelevant,
`
`overbroad, unduly burdensome and vague.
`
`n) Defendants object to plaintiff’ s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`0) Defendants object to plaintiffs demand for a copy of the contract between the
`
`owner and the architect regarding the subject bathroom as irrelevant, overbroad,
`
`unduly burdensome and vague.
`
`p) Defendants object to plaintiffs demand for a copy of the contract retaining a
`
`consulting engineer as irrelevant, overbroad, unduly burdensome and vague.
`
`-18- (32-459)
`
`
`
`”“>
`
`q)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`Defendants object to plaintiffs demand for timekeeper records as irrelevant,
`
`overbroad, unduly burdensome and vague.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`Defendants object to plaintiffs demand for rental agreements for equipment for
`
`the subject bathroom as irrelevant, overbroad, unduly burdensome and vague.
`
`Defendants object to plaintiffs demand for compies of general contractor’s or
`
`consturction manger’s project file as irrelevant, overbroad, unduly burdensome
`
`and vague.
`
`Defendants object to plaintiff’ s demand for OSHA correspondence as irrelevant,
`
`overbroad, unduly burdensome and vague.
`
`-19- (82-459)
`
`
`
`.~/A\\
`/’
`
`W) Defendants object to plaintiffs demand for copies of any written complaints
`
`received by any party on the job site concerning the subject bathroom as
`
`irrelevant, overbroad, unduly burdensome and vague.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, plaintiffs
`
`demand for copies of any medical records concerning the plaintiff for medical
`
`treatment rendered to the plaintiff is best directed at plaintiff.
`
`12. INSPECTION OF INCIDENT SITE
`
`3) Defendants object to plaintiffs demand for inspection of the subj ect bathroom as
`
`irrelevant, overbroad, unduly burdensome and vague.
`
`13. ACTUAL AND CONSTRUCTIVE NOTICE
`
`3)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA. COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`conducting a good faith search of any copies of claims alleging any defective
`
`unsafe, dangerous or obstructed condition complained of at the subj ect bathroom
`
`for a period of two years prior, and should same exist defendants reserve the right
`
`to supplement this response.
`
`13)
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/l1/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`-20- (82.459)
`
`
`
`/
`
`not in possession of any records of maintenance, repair, construction, contractors,
`
`work records, permits, bids, applications, engineering plans, or surveys regarding
`
`the subject bathroom.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly‘
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, defendants, BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`conducting a good faith search ofthe section and/or individual who inspects
`
`and/or monitors the maintenance of the subject bathroom, and should same exist
`
`defendants reserve the right to supplement this response.
`
`<1)
`
`Defendants object to plaintiffs demand for follow—up reports as irrelevant,
`
`overbroad, unduly burdensome and vague.
`
`Defendants object to plaintiff’ s demand as irrelevant, overbroad, unduly
`
`burdensome and vague. Over objection and without waiving same, upon
`
`information and belief, 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 accident / incident reports, however, defendants continue
`
`to conduct a good faith search, and should same exist defendants reserve the right
`
`to supplement this response.
`
`Defendants object to plaintiffs demand as irrelevant, overbroad, unduly
`
`burdensome and Vague. Over objection and without waiving same, upon
`
`information and belief, defendants BAY PLAZA COMMUNITY CENTER, LLC
`
`i/s/h/a BAY PLAZA COMMUNITY CENTRE, LLC, and SP CENTER, LLC, are
`
`
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