FILED: KINGS COUNTY CLERK 08/04/2023 11:45 AM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 537231/2022
`
`RECEIVED NYSCEF: 08/04/2023
`
`
`
`24085938001 537231/2022 AA/go
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-------------------------------------------------------X
`MALGORZATA WISNIEWSKA,
`
` Plaintiff,
`
` -against-
`
`RIMANI REALTY LLC, BIG APPLE TESTING INC.,
`BIG APPLE GROUP ENGINEERING, D.P.C.,
`68 COMMERCIAL STREET LLC, CLAY
`PROPERTIES, LLC, N TECH DESIGN OF
`AMERICA, and BOX STREET LLC
`
` Defendants.
`-------------------------------------------------------X
`
`
`RESPONSE TO CASE
`SCHEDULING ORDER
`
`Index No.: 537231/2022
`
`Defendants, BIG APPLE GROUP NY incorrectly sued herein as BIG APPLE GROUP
`
`ENGINEERING D.P.C. and BIG APPLE TESTING INC., by their attorneys, GILBERT,
`
`MCGINNIS & LIFERIEDGE, hereby provides the following response to the Case Scheduling
`
`Order of Judge Rachel E. Freier, dated June 14, 2023:
`
`DEMAND FOR INSURANCE POLICY INFORMATION
`
`
`
`Ohio Security Insurance Company has advised us that at the time of the alleged
`
`occurrence Defendants were insured under policy number BKS 65295140. Said policy of
`
`insurance provides for coverage of $1,000,000 per occurrence. Additionally, Defendants were
`
`also afforded umbrella coverage under a $5,000,000 umbrella policy with The Ohio Casualty
`
`Insurance Company pursuant to policy number USO 65295140.
`
`DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
`
`
`
`Defendants are currently not aware of any witnesses to the subject occurrence with the
`
`exception of the parties named in this action and any other witnesses that may be listed on any
`
`applicable accident/incident reports.
`
`
`
`1 of 4
`
`
`NYSCEF DOC. NO. 50
`
`INDEX NO. 537231/2022
`
`RECEIVED NYSCEF: 08/04/2023
`
`
`
`24085938001 537231/2022 AA/go
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-------------------------------------------------------X
`MALGORZATA WISNIEWSKA,
`
` Plaintiff,
`
` -against-
`
`RIMANI REALTY LLC, BIG APPLE TESTING INC.,
`BIG APPLE GROUP ENGINEERING, D.P.C.,
`68 COMMERCIAL STREET LLC, CLAY
`PROPERTIES, LLC, N TECH DESIGN OF
`AMERICA, and BOX STREET LLC
`
` Defendants.
`-------------------------------------------------------X
`
`
`RESPONSE TO CASE
`SCHEDULING ORDER
`
`Index No.: 537231/2022
`
`Defendants, BIG APPLE GROUP NY incorrectly sued herein as BIG APPLE GROUP
`
`ENGINEERING D.P.C. and BIG APPLE TESTING INC., by their attorneys, GILBERT,
`
`MCGINNIS & LIFERIEDGE, hereby provides the following response to the Case Scheduling
`
`Order of Judge Rachel E. Freier, dated June 14, 2023:
`
`DEMAND FOR INSURANCE POLICY INFORMATION
`
`
`
`Ohio Security Insurance Company has advised us that at the time of the alleged
`
`occurrence Defendants were insured under policy number BKS 65295140. Said policy of
`
`insurance provides for coverage of $1,000,000 per occurrence. Additionally, Defendants were
`
`also afforded umbrella coverage under a $5,000,000 umbrella policy with The Ohio Casualty
`
`Insurance Company pursuant to policy number USO 65295140.
`
`DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
`
`
`
`Defendants are currently not aware of any witnesses to the subject occurrence with the
`
`exception of the parties named in this action and any other witnesses that may be listed on any
`
`applicable accident/incident reports.
`
`
`
`1 of 4
`
`
`
`FILED: KINGS COUNTY CLERK 08/04/2023 11:45 AM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 537231/2022
`
`RECEIVED NYSCEF: 08/04/2023
`
`
`
`
`
`DEMAND FOR PARTY STATEMENTS
`
`Defendants are not in possession of any statements taken from or on behalf of Plaintiff in
`
`this action.
`
`DEMAND FOR PHOTOGRAPHS
`
`
`
`Defendants are currently not in possession of any photographs of the scene of the alleged
`
`occurrence. Defendants are not currently in possession of any surveillance material concerning
`
`Plaintiff.
`
`DEMAND FOR ACCIDENT/INCIDENT REPORTS
`
`
`
`Defendants are not currently in possession of any accident or incident reports prepared in
`
`the ordinary course of business.
`
`DEMAND FOR EXPERT WITNESS
`
`
`
`Defendants have not yet retained an expert witness for trial but will supply expert witness
`
`information in accordance with CPLR §3101 (d) if Defendants retain an expert witness for trial.
`
`
`
`Defendants reserve their right to amend and/or supplement their responses.
`
`Dated: New York, New York
`August 4, 2023
`
`Yours etc.,
`
`GILBERT, MCGINNIS & LIFERIEDGE
`
`
`
`By: __________________________
`ANITA AJIBOYE, ESQ.
`Attorneys for Defendants
`BIG APPLE GROUP NY incorrectly sued
`herein as BIG APPLE GROUP
`ENGINEERING D.P.C. and BIG APPLE
`TESTING INC.
`Mailing Address:
`PO Box 6835
`Scranton, PA 18505-6840
`
`
`
`2 of 4
`
`
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`FILED: KINGS COUNTY CLERK 08/04/2023 11:45 AM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 537231/2022
`
`RECEIVED NYSCEF: 08/04/2023
`
`
`
`
`Physical Address:
`10 Bank Street, Suite 1200
`White Plains, New York 10606-1947
`Office: (212) 487-9701
`Direct: (646) 682-1391
`Fax: (603) 430-1946
`
`GARY SCHOER, ESQ.
`Attorneys for Defendant
`RIMANI REALTY LLC
`6800 Jericho Turnpike, Suite 108W
`Syosset, New York 11791
`(516) 496-3500
`
`MILBER, MAKRIS, PLOUSADIS
`& SEIDEN, LLP
`Attorneys for Defendants
`68 COMMERCIAL STREET LLC
`1000 Woodbury Road, Suite 402
`Woodbury, New York 11797
`(516) 712-4000
`
`
`TO: BLOCK O’TOOLE & MURPHY, LLP
`
`Attorneys for Plaintiff
`
`MALGORZATA WISNIEWSKA
`
`One Penn Plaza, Suite 5315
`
`New York, New York 10119
`
`(212) 736-5300
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`KOWALSKI & DEVITO
`Attorneys for Defendant
`CLAY PROPERTIES LLC
`28 Liberty Street, 22nd Floor
`New York, New York 10005
`(718) 250-1100
`
`LESTER SCHWAB KATZ & DWYER, LLP
`Attorneys for Defendant
`BOX STREET LLC
`100 Wall Street, 27th Floor
`New York, New York 10005
`(212) 964-6611
`
`
`
`3 of 4
`
`
`
`FILED: KINGS COUNTY CLERK 08/04/2023 11:45 AM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 537231/2022
`
`RECEIVED NYSCEF: 08/04/2023
`
`
`
`Index No. 537231/2022
`24085938001 AA/
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-------------------------------------------------------X
`MALGORZATA WISNIEWSKA,
`
` Plaintiff,
`
` -against-
`
`RIMANI REALTY LLC, BIG APPLE TESTING INC.,
`BIG APPLE GROUP ENGINEERING, D.P.C.,
`68 COMMERCIAL STREET LLC, CLAY PROPERTIES, LLC
`N TECH DESIGN OF AMERICA, and BOX STREET LLC
` Defendants.
`-------------------------------------------------------X
`
`
`
`
`
`
`
`
`
`
`
`RESPONSE TO CASE SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`
`
`GILBERT, MCGINNIS & LIFERIEDGE
`Attorney for Defendant(s)
`BIG APPLE GROUP NY is incorrectly sued herein as BIG APPLE GROUP
`ENGINEERING D.P.C. and BIG APPLE TESTING INC
`Mailing Address:
`PO Box 6835
`Scranton, PA 18505-6840
`Physical Address:
`10 Bank Street, Suite 1200
`White Plains, NY 10606-1947
`(212) 487-9701
`
`
`NOTICE OF ENTRY
`PLEASE TAKE NOTICE that the within is a
`copy of an order duly entered in the office of the clerk of the Gilbert, McGinnis & Liferiedge
`on the
` day of
` 2023.
`Dated: New York, New York
`
`NOTICE OF SETTLEMENT
`PLEASE TAKE NOTICE that the within proposed order will be presented for settlement and
`signature to Justice *****.
`at Gilbert, McGinnis & Liferiedge on the
`Dated: New York, New York
`
`Service of a copy of the within
`Dated: New York, New York
`Attorney(s) for:
`
`
` day of
`
` 2023, forenoon.
`
` is hereby admitted.
`
`
`
`4 of 4
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