FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`
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`INDEX NO.: 154162/2023
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`NOTICE FOR DISCOVERY
`AND INSPECTION
`TO DEFENDANT, JOHN P.
`PICONE, INC.
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`RUTH GAGE and CHRISTOS GAGE,
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`Plaintiffs,
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`-against-
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`THE CITY OF NEW YORK,
`CONSOLIDATED EDISON COMPANY OF
`NEW YORK, RCN TELECOM SERVICES
`(LEHIGH), CROWN CASTLE NG EAST,
`LLC, JOHN P. PICONE, INC. and
`MALATESTA PALADINO, INC.,
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`Defendants.
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`CROWN CASTLE NG EAST, LLC,
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`Third-Party Plaintiff,
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`-against-
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`HYLAN DATACOM & ELECTRICAL LLC
`a/k/a HYLAN WEST,
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`Third-Party Defendant.
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` I R S:
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` S
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`PLEASE TAKE NOTICE THAT pursuant to Article 31 of the CPLR, defendant, JOHN
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`P. PICONE, INC., is hereby required to produce and permit discovery by third-party defendant,
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`HYLAN DATACOM & ELECTRICAL LLC (i/s/h/a Hylan Datacom & Electrical LLC a/k/a
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`Hylan West), or its attorneys or representatives, of the following documents and records for
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`1 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`inspection copying at the offices of FREEMAN MATHIS & GARY, LLP, 5 Penn Plaza, 23rd Floor,
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`New York, New York 10001-1810, within thirty (30) days hereof.
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`DEFINITIONS
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`The following definitions are applicable to and incorporated by reference into each interrogatory
`and each request for production.
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`The term “Plaintiff” shall refer to RUTH GAGE, her agents, servants,
`A.
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`representatives and/or any persons acting for or on its behalf in any capacity.
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`The terms “You” and “Your” shall refer to JOHN P. PICONE, INC., its employees,
`B.
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`agent, servants, representatives and/or any persons acting for or on its behalf in any capacity.
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`“This Party” as used herein refers to defendant, HYLAN DATACOM &
`C.
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`ELECTRICAL LLC, and all of its employees, contractors, agents, servants, representatives, and/or
`predecessors.
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`“Subject Premises” refers to the property at issue in the instant litigation, which is
`D.
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`owned by the City of New York and is located at the public roadway in front of DB Bistro
`Moderne, located at 55 West 44th Street, New York, New York.
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`“Work” refers to any construction, excavation, alteration, repair, resurfacing,
`E.
`restoration, installation, or any other services performed at the Subject Premises.
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`“Loss” used herein refers to any and all losses allegedly sustained by plaintiff as a
`F.
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`result of the allegations referred to in her complaint.
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`The term “Document” as used herein means the original and all copies of all
`G.
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`written, printed, typed or other graphic matter of any kind or nature and any other tangible thing
`in your possession, custody or control or known by you to exist including, but not limited to:
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`all contracts, agreements, letter agreements, representations, warranties,
`l)
`certifications, permits, blueprints or other drawings, specifications, insurance
`polices, and opinions;
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`all letters or other forms of correspondence or communications, including
`2)
`envelopes and notes, telegrams, cables, telex messages, messages, and e-mails,
`including reports, notes, notations, and memoranda of or relating to telephone
`conversations or conferences;
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`all memoranda, reports, test results, financial statements or reports, notes,
`3)
`scripts, transcripts, tabulations, studies, analysis, evaluations, projections, work
`papers, corporate records or copies thereof, expressions or statements of policies,
`lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts,
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`2 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`statistical statements or records, compilations, and opinions or reports of
`consultants;
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`4)
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`all desk calendars, appointment books, and diaries;
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`all minutes, records, or transcripts of meetings and conferences and lists of
`5)
`all persons attending meetings or conferences;
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`6)
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`all reports and summaries of interviews and negotiations;
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`all books, articles, press releases, magazines, newspapers, booklets,
`7)
`brochures, pamphlets, circulators, bulletins, notices, instructions, and manuals;
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`all motion pictures and photographs (whether developed or undeveloped),
`8)
`tape records, microfilms, phonographs, tapes or other records, punch cards,
`magnetic tapes, discs, data cells, drums, printouts, and other data compilations from
`which information can be obtained;
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`drafts of any documents, revisions of drafts of any documents and original
`9)
`or preliminary notes.
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`The term “relating to” as used herein means constitutes, refers to, reflects, concerns,
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`pertains to or in any way logically or factually connects with the matter described in the
`interrogatory or request.
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`The term “Communications” as used herein means all statements, admissions,
`I
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`denials, inquiry, discussions, conversations, negotiations, agreements, contracts, understandings,
`meetings, telephone conversations, letters, emails, correspondence, notes, telegrams, telexes,
`advertisements or any other form of written or verbal intercourse.
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`Unless otherwise indicated by the context, the term “identify” or “identity”:
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`when referring to a document shall require identification of such document
`l)
`by furnishing a brief description of the documents, title or identifying symbol, its
`date, name, and address of persons originating, name and address of persons (if
`any) to whom it was directed, the location thereof and its present condition;
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`when used in connection with an oral communication, shall require
`2)
`identification of each person to whom and from whom such communication was
`made, the date it was made, whether it was made by telephone and the place at
`which each person was located;
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`when used in referring to a person, shall require furnishing the following
`3)
`information concerning such person:
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`i)
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`full name;
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`3 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`ii)
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`age;
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`iii)
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`current or last known home and business address;
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`current or last known employment position (the current or last
`iv)
`known business title);
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`v)
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`current or last known telephone number.
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`L.
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`The singular shall include the plural and the plural shall include the singular.
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`The masculine, feminine or neuter pronoun and the plural thereof shall include the
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`The term “Person” as used herein shall mean any natural person, partnership,
`K.
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`corporation or other business entity and all present and former officers, directors, agents,
`employees, representatives, attorneys, and others acting or purporting to act on behalf of such
`natural person, partnership, corporation, or other business entity.
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`M.
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`singular.
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`The term “Complaint” or “Action” as used herein shall mean the Complaint
`N.
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`entitled, RUTH GAGE, et al, vs. THE CITY OF NEW YORK. et al, filed in the Supreme Court
`of New York, New York County, under Index No. 154162/2023, and shall include the currently
`active Complaint and any other Third-Party Complaint(s) filed in the Action.
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`DOCUMENTS REQUESTED
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`All contracts, subcontracts, and/or agreements between You and any of the parties
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`1.
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`(current and former) relating to any Work at the Subject Premises within the past 5 years.
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`2.
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`All contracts or agreements with any Person or company that performed any Work
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`of any sort at the Subject Premises within the past 5 years.
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`3.
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`All work orders, descriptions of work, or similar Documents relating to any Work
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`at the Subject Premises within the past 5 years.
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`4.
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`All plans, details, specifications, or description of work given to any contractor or
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`subcontractor relating to any Work at the Subject Premises within the past 5 years.
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`5.
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` All plans, details, specifications, or description of work given to any contractor or
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`sub-contractor relating to any Work at the Subject Premises within the past 5 years.
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`6.
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`All requests for payment submitted to or on behalf of You for work, materials, and
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`supplies relating to any Work at the Subject Premises within the past 5 years.
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`7.
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`All approvals of any requests for payment submitted to or on behalf of You for
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`work, materials, and supplies relating to any Work at the Subject Premises within the past 5 years.
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`8.
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`All back charges and retainage against the Work, supplies, or materials provided
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`by You for any Work at the Subject Premises within the past 5 years.
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`9.
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`All certificates of insurance and/or insurance Documents for the Subject Premises
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`where You rendered work, supplies, or materials for the Work at the Subject Premises within the
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`past 5 years.
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`10.
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`All insurance Documents submitted to You pursuant to any contract relating to the
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`Work at the Subject Premises within the past 5 years.
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`11.
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`All Communications relating to any insurance documents relating to the Work at
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`the Subject Premises.
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`12.
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`All express warranties rendered by You pursuant to any contract relating to the
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`Work at the Subject Premises within the past 5 years.
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`13.
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`All express warranties rendered by This Party pursuant to any contract relating to
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`the Work at the Subject Premises within the past 5 years.
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`14.
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`All reports or Documents prepared by a property appraiser relating to the Work at
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`the Subject Premises within the past 5 years.
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`15.
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`All Communications in Your possession from any Person having any relevant
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`knowledge of the facts or circumstances involved in this Action. Please also provide: (a) the name,
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`address, title, and telephone number of such person; (b) when and where the statement was
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`5
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`5 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`obtained; and the (c) name, address, and occupation of the Person to whom the statement was
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`given. If the statement was oral, attach a summary of the statement.
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`16.
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`All Documents, photographs, Communications, or other written materials relating
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`to the Work at the Subject Premises within the past 5 years obtained by You from any Person or
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`entity.
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`17.
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`All Documents and Communications, including, inter alia, any reports, statements,
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`photographs, or other materials relating to any investigation performed by You, or any Person,
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`concerning the matters alleged in this case. Please also provide the name and address of each
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`Person, firm, corporation, or entity that conducted the investigation.
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`18.
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`All Documents and Communications, including, inter alia, contracts, applications,
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`or other Documents evidencing a contract between You and any of the party(ies) related to the
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`Work at the Subject Premises within the past 5 years.
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`19.
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`All Documents and Communications, including, inter alia, invoices, checks,
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`payment slips, or other Documents evidencing payments made by You and/or to You related to
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`the Work at the Subject Premises within the past 5 years.
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`20.
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`All Documents related to Your review of This Party’s work on the Work at the
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`Subject Premises within the past 5 years.
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`21.
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`22.
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`All photographs or videos of the Subject Premises, the Work, and/or Loss.
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`All Documents relating to any experiments, tests, or mockups that You intend to
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`refer to or that You intend to use at the time of trial.
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`23.
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`All Documents evidencing all written and/or oral agreements between You and
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`This Party relating to the Work at the Subject Premises within the past 5 years, including, inter
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`6 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`alia, copies of the contract(s), invoices, correspondence, proposals, and all other related
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`Documents.
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`24.
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`All Documents evidencing all written and/or oral agreements between You and any
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`other person or entity relating to the Work at the Subject Premises within the past 5 years.
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`25.
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`All Documents or Communications relating to any other contract between You and
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`any other party to this Action which relates to this Action, including, inter alia, copies of such
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`contracts, invoices, correspondence, proposals, and all other related Documents.
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`26.
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`All documents provided by You to This Party relating to This Party’s Work at the
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`Subject Premises within the past 5 years.
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`27.
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`All written change order relating to any extra, additional, different, or revised
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`services performed by This Party.
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`28.
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`All design drawings relating to the development of the Work at the Subject
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`Premises within the past 5 years.
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`29.
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`All technical specifications relating to the development of the Work at the Subject
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`Premises within the past 5 years.
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`years.
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`30.
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`31.
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`5 years.
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`32.
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`All applications for permits for the Work at the Subject Premises within the past 5
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`All approved or denied permits for the Work at the Subject Premises within the past
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`All Documents and Communications, including, inter alia, plans, specifications, or
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`drawings submitted for approval to any federal, State, county, or municipal board, commission,
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`department, authority, or institution relating to the Work at the Subject Premises within the past 5
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`years.
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`7
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`7 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`33.
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`All Documents relating to This Party’s scope of work on the Work at the Subject
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`Premises within the past 5 years.
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`34.
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`All Documents submitted to You by This Party relating to the Work at the Subject
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`Premises within the past 5 years.
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`35.
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`All Documents submitted to You by any Person relating to the Work at the Subject
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`Premises within the past 5 years.
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`36.
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`All reports issued by You, including Your employees or agents, based upon
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`observations of the services performed by This Party for the Work at the Subject Premises within
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`the past 5 years.
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`37.
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`All reports issued by You, including Your employees or agents, based upon
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`observations of the services performed by any Person for the Work at the Subject Premises within
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`the past 5 years.
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`38.
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`All Documents and Communications, including, inter alia, progress book, log,
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`report, email, or any other document kept by You or Your employees, representatives, or agents
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`at regular intervals showing the activities on and the progress of the development of the Work at
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`the Subject Premises within the past 5 years.
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`39.
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`All minutes of any project meetings ever held on or off the Subject Premises
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`relating to the Work at the Subject Premises within the past 5 years.
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`40.
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`All Documents and Communications, including, inter alia, reports or complaints,
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`either oral or written, in Your possession that are in any way related to This Party’s work on the
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`Work at the Subject Premises within the past 5 years. If the complaints were oral, please provide
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`a written summary of said complaints.
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`8
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`8 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`41.
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`All punch lists relating to Your work and/or This Party’s work on the Work at the
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`Subject Premises within the past 5 years.
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`42.
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`All Documents that allegedly show defects in This Party’s work on the Work at the
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`Subject Premises within the past 5 years.
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`43.
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`All Documents that allegedly show defects in any Person’s work on the Work at
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`the Subject Premises within the past 5 years
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`44.
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`All Documents that allegedly show damages caused by This Party’s work on the
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`Work at the Subject Premises within the past 5 years.
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`45.
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`All Documents that allegedly show damages caused by any Person’s work on the
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`Work at the Subject Premises within the past 5 years
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`46.
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`All Documents and Communications between You and any other person/entity
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`relating to the Work at the Subject Premises within the past 5 years.
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`47.
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`All Documents and Communications between You and This Party relating to the
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`Work at the Subject Premises within the past 5 years.
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`48.
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`All Documents and Communications relied upon as the basis for the allegations in
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`Your Cross-Claim that “if the plaintiffs were caused to sustain damages in the manner set forth in
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`the plaintiffs' Verified Complaint by reasons other than plaintiffs' own negligence, breach of
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`contract, violation of law or other acts of omission or commission including but not limited to
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`those set forth herein, then said damages were sustained by reason of the acts, unjust enrichment,
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`fraud, misrepresentations, breach of contract, violation of law or other acts of omission or
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`commission of any or all of the Cross-Claimed Defendants without any breach or fault of this
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`Answering Defendant contributing thereto; and if any judgment is recovered herein by the
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`9 of 12
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`plaintiffs against the Answering Defendant, who will be damaged thereby any or all of the , Cross-
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`Claimed Defendants are or will be responsible in whole or in part thereof .”
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`49.
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`All Documents and Communications relied upon as the basis for the allegations in
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`Your Cross-Claim that “by reason of the foregoing, any or all of the Cross-Claimed Defendants
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`will be liable to the Answering Defendant, who will be entitled to contribution and to be
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`indemnified in the full amount of said judgment, in the event of a recovery herein by the plaintiffs,
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`caused by the relative responsibility of Cross-Claimed Defendants, and Cross-Claimed Defendants
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`are bound to pay any and all attorneys' fees, costs, and disbursements, all to this answering
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`defendant's special damage, and Cross-Claimed Defendants will be bound to indemnify this
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`Answering Defendant for any and all judgments, counsel fees, costs and disbursements.”
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`50.
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`All documents upon which You may rely and/or introduce as evidence at trial.
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`PLEASE TAKE NOTICE, that defendant may produce photocopies of the above-
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`requested documents in lieu of producing for inspection.
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`PLEASE TAKE FURTHER NOTICE, that all of the aforesaid demands are continuing
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`in nature, and that defendant and defendant’s representative are requested to supplement any and
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`all responses upon acquisition of new or additional items pertaining thereto. This defendant will
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`object to the introduction of, or allusion to, any items, which have not been provided as requested.
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`Dated: New York, New York
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`January 4, 2024
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`Yours, etc.
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`FREEMAN MATHIS & GARY, LLP
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`By: Edward Solensky Jr.
`Edward Solensky Jr., Esq.
`E-Signature Pursuant to STL § 304(2)
`5 Penn Plaza, 23rd Floor
`New York, New York 10001-1810
`Phone: (973)536-2448
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`Our File No. 017818/108476
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`Please mail all correspondence to:
`One Riverfront Plaza, Suite 910
`1037 Raymond Blvd.
`Newark, NJ 07102
`(973) 609-5205
`E-mail: Edward.Solensky@fmglaw.com
`Attorneys for Defendant,
`HYLAN DATACOM & ELECTRICAL LLC
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`To:
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`D. BRADFORD SESSA
`Attorney for Defendant
`CROWN CASTLE NG EAST, LLC
`i/s/h/a CASTLE NG EAST, LLC
`U.S. MAIL: P.O. Box 94743, Chicago, IL 60690-4743
`Law Firm Email: CNANewYork@cna.com
`120 White Plains Road, Suite 220
`Tarrytown, NY 10591
`914-524-5600
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`THE BLASH FIRM, PLLC
`Attorneys for Plaintiff
`RUTH GAGE
`53 Hudson Street, Suite 225
`Nyack, NY 10960
`212-777-4755
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`HON. SYLVIA O. HINDS-RADIX
`Corporation Counsel
`100 Church Street
`New York, NY 10007
`212-356-3235
`Law Dept. #: 2023-047156
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`DENEEN L. DONNLEY
`Attorneys for Defendant
`CONSOLIDATED EDISON COMPANY OF NEW YORK
`4 Irving Place, Room 1800
`New York, New York 10003
`212-460-3355
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`MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C.
`Attorneys for Defendant
`RCN TELECOM SERVICES OF NEW YORK
`i/s/h/a RCN TELECOM SERVICES (LEHIGH)
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`FILED: NEW YORK COUNTY CLERK 01/04/2024 10:50 AM
`NYSCEF DOC. NO. 54
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`INDEX NO. 154162/2023
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`RECEIVED NYSCEF: 01/04/2024
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`175 Pinelawn Road, Suite 250
`Melville, NY 11747
`631-227-6339
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`NEWMAN MYERS KREINES HARRIS, P.C.
`Attorneys for Defendant
`John P. Picone, Inc.
`40 Wall Street, 26th Floor
`New York, NY 10005
`212-619-4350
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`HANNUM FERETIC PRENDERGAST & MERLINO
`Attorneys for Defendant
`MALATESTA PALADINO, INC.
`55 Broadway, Suite 202
`New York, NY 10006
`212-530-3900
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