SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`X
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`FIREMAN’S FUND INSURANCE COMPANY a/s/o
`The Strand Condominium and other interested
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`insureds under the applicable policy of insurance, Index No. 156286/2018
`Plaintiff,
`PLAINTIFF’S RESPONSE TO
`-against- DEFENDANT LENOVO’S
`POST DEPOSITION
`DEMAND FOR DOCUMENTS
`LENOVO (UNITED STATES), INC., BEST BUY
`CO., INC., and MICHELLE LIM,
`Defendants.
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`To the above-named Defendant(s):
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`PLEASE TAKE NOTICE, that Plaintiff IREMAN’S FUND INSURANCE COMPANY
`a/s/o The Strand Condominium and other interested insureds under the applicable policy of
`insurance, by and through its attorneys, SHEPS LAW GROUP, P.C., hereby provides a response
`to Defendant LENOVO’S Post Deposition Demand for Documents as follows:
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`GENERAL RESPONSES AND OBJECTIONS
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`1. Plaintiff objects to the demands set forth in the Demand to the extent that they
`purport to impose obligations upon Plaintiff in excess of those created by the New York’s
`jurisprudential authority.
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`2. Plaintiff objects to the demands set forth in the Demand to the extent that they seek
`the disclosure of attorney-client privileged communications, attorney or party work product, trial
`preparation material or any other material or information encompassed within any applicable
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`privilege provided by law or otherwise protected from disclosure. Any disclosure of privileged
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`information or release of privileged documents is unintentional and inadvertent and thus shall not
`constitute a waiver of any applicable privilege.
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`3. Plaintiff objects to the demands set forth within the Demand to the extent that they
`seek the production of documents or information that contain confidential information and will not
`produce such documents or provide such information in the absence of appropriate protective
`measures agreed to by the parties and approved by the Court.
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`4. Plaintiff objects to the demands set forth in the Demand to the extent that they are
`overbroad, vexatious or seek information irrelevant to the subject matter of this action and not
`reasonably calculated to lead to the discovery of admissible evidence.
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`5. Plaintiff objects to the demands set forth in the Demand to the extent that they seek
`information that is unduly burdensome to obtain.
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`6. Plaintiff objects to the demands set forth in the Demand to the extent that they are
`ambiguous, vague or otherwise incomprehensible.
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`7. Plaintiff objects to the demands set forth in the Demand to the extent that they seek
`a response which is duplicative of responses to one or more of the other requests contained therein.
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`8. Plaintiff objects to the demands set forth in the Demand to the extent that they seek
`production of documents that are public records and are available through defendants’ own efforts.
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`9. Plaintiff objects to the demands set forth in the Demand to the extent that they seek
`documents for years or periods of time for which there is no controversy between the parties or
`which is irrelevant to the current action.
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`10. Inproviding these General Responses and Objections to the Demand, Plaintiff does
`not in any way waive or intend to waive, but rather intends to preserve and is preserving:
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`(a) all objections as to competence, relevance, materiality and admissibility of
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`(b)
`©
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`(d)
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`11.
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`any documents or information that may be produced pursuant to the Demands or
`the subject matter of any request;
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`all objections as to vagueness, ambiguity and undue burden;
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`all objections to the use of any documents that may be produced, or the
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`the subject matter of any request, in any subsequent proceedings, including the
`hearing of this or any other related or unrelated action, trial, hearing, case or
`controversy,
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`all objections to any request for further responses to the Demand or any
`other request for documents or information, or other discovery demands involving
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`or related to the subject matter of the demands.
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`A response that Plaintiff will produce documents responsive to a demand does not
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`indicate that plaintiff possesses documents responsive to that request.
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`12.
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`All responses are made on an express reservation of objections as set forth above
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`and, in some instances, below, and no response shall be deemed, and specifically is stated not to
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`be, a waiver of such objections, shall be deemed, and specifically is stated not to be, a waiver of
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`such objections.
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`SPECIFIC RESPONSES AND OBJECTIONS
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`Copies of all e-mails received by or sent to Dan Lambe from Russo
`Consultants.
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`Response:
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`Plaintiff objects to this demand to the extent it seeks privileged subrogation
`information prepared in anticipation of litigation, attorney client
`communications and/or attorney work product. See General Objections To
`the extent not objected to See Exhibit A.
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`Copies of all invoices received from Russo Consultants processed by Dan
`Lambe;
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`Response:
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`Plaintiff objects to this demand to the extent it seeks privileged subrogation
`information prepared in anticipation of litigation, attorney client
`communications and/or attorney work product. Plaintiff further objects to
`this demand as irrelevant, overbroad and not calculated to lead to relevant
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`discovery as Plaintiff is not seeking reimbursement against the defendants
`for consulting services performed by TJ Russo Consultants
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`3. The non-privileged portions of the property damage subrogation file
`maintained by F&L
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`Response:
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`Plaintiff objects to this demand to the extent it seeks privileged subrogation
`information prepared in anticipation of litigation, attorney client
`communications and/or attorney work product. See General Objections. The
`purported subrogation file consists of the claims file plus the addition of
`counsel’s subrogation investigation and recommendations. All portions of
`the non-privileged subrogation file, namely the claim file has previously
`been disclosed.
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`4. Copies of any statements taken by Russo Consultants.
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`Response:
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`Plaintiff has previously advised that it is not in possession of any statements
`taken of the demanding defendants subject to disclosure. Plaintiff further
`objects to this demand to the extent it seeks privileged subrogation
`information prepared in anticipation of litigation, attorney client
`communications and/or attorney work product.
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`5. Color copies of any photographs taken by Russo Consultants, including any taken
`by Gene Pietzak.
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`Response:
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`Color photos taken by Mr. Pietzak of TJ Russo Consultants can be found
`using the following Dropbox link
`https://www.dropbox.com/sh/bl069bg1319d14k/AAAeUsFrxpYOVIm-
`MS5I1yTxva?dl=0
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`PLEASE BE ADVISED that Plaintiff reserves the right to supplement these responses
`following up to and including the time of trial in accordance with the applicable provisions of the
`CPLR.
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`Dated: June 18, 2021
`Huntington, New York
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`EXHIBIT A
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`Dan Lambe
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`From: G Pistzak <(3P§e!zak@i;russo Lot
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`Sent: Saturday, duly 11, 2015 1:49 PM
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`To: Ban Lambe:
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`Subject: fnsured The Strand- Claim # Pending ~ Our File FR-4463-15
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`Eire Investigation Findings
`Following our examination and invesligation 1o date, we uncovered the following:.
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`Origin.~
`Livirig.room -6f Apariment 12F
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`Caviss ~
`Under Ihvestigation:
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`Authorities —
`FDNY Fire Marshal's Office
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`Job:# - 10461
`Date and Time.of Alarm — Thursday. 07/09/2015 at 8:08 PM
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`Cause: Pending
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`GComments - Aceording to the Supervising Fire Marshal'on duty at the time of conferral, he advised
`that their agency did investigated this fire,.however no details: had yet to have been enterad Jiito the
`computet. The assighed Investigator was due back on'07/13/2015 (we will follow up with himj,
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`-Note: We have filed a FOIL raquest for the fira depariment and fire marshal incident reports and wifl
`forward a copy once regeived.
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`Origin and Cause Comments -
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`Ouit examination disélosed the ghysical evidence of the fireto have driginated within the living raom
`of Apartment 12F, located or the 12th Floor of the forty one (41) stoty apartment complex, made-of
`fire resistant coristriction, Specifically an the weést (back) sidé-af the space whers a couch and
`ottoman were situated..
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`Alimited Inspection of the area disclosed the burat remalns-6f an unidentified tat this time) slectronic
`appliande, as-well as the remains of various copper stranded cordage on the floor. Observations
`made-of this cordage discloséd the presence. of adverss activity.
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`Signage was posted to pressrve the steng fdr turther examination with other Insured parties having
`an interest. ‘
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`Occupancy/ Owhership Comments ~
`Accarding to-Michslle Lim, she:has been reriting Apattraent 12F from AIB Mdnagemant Corp gince:
`2006. She related that she resides in the unit with-her boyfriend, Darren Molavinsky {who is now also
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`on the lease)
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`et 4t i e 0,8 ot et e s s i a8 S 4 e cihre
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`S T L T
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`Note: Research of the New York-Gity Department of Buildings database disclosed thére ara three
`apen violations from 2014.against the property for fallure to maintain building in-a cade compliant
`manner (stairway fire doors) and to cerlify-these class ane violations have been corrected (stairway
`firg doors and electrical work permiis).
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`Subrogation/ Recovery Comments ~
`Under investigation.
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`Michelle Lim arid Daren Molovingky have. a rentets. insurance policy withy Allstate lnsurance
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`Claim # 0375918440
`Adjuster - Eric Skaby
`845.745-5730
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`Fire Protection Commeants -
`A hard wired combination smoke: and carbon monoxide detectar was présent within the unit,.
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`Injutips ~ |
`Under inve,s_tigatfem
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`Additional Comments -
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`According to Michelle: Lim, she and Darren left the apartment around 5:45 PM-to go to dinner arid to a
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`poetry event with some fnends She learned of the fire'when she tecelved a voice message from the
`bullding super (her phone was tumed off), Ms. Lirn advised that prior o leaving that évening they
`noticed no strange odors and that they have not had any issues with apartment’s electric-or clrcuit
`breakers. She relaled thal neither she or Darren smoke and that the candlgs in the living root are
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`decorative gnly.
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`Michslle reparted that whian they left the apartment for dinner, none of the light fixtures and lamps
`were on inside the aparliment, as there was still daylight. She further stated they had Some extension
`cords, a TV, DVR player; lamps.and a floar fan in the area of origin within the living room.
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`Investigation Supimary —
`At this time we have complated a.limited scene examination, parsevered the scene, secured'a
`statement with Michelte Lim (tenant); researched the Nawr York City Depariment of Buildings
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`database and conferred with the responding authioritias,
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`Ptan of Action Comments —
`Our plan of action (unless directed otherwise) 15.to idantity the other arigin and cause investigators
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`that will be involved with any of the other insured parties (blast email has been sent ouf already).
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`Oncs other parties-have baen identified:schedule a joint exam as soon as-possible and. identify any
`pnssibimy for potential subrogation. Follow up with the authorities regarding thel? findings.
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`Upan completlon of the additional work | will:send an emall status,
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`Dan, Thank you againfor the assignment,
`Giene
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`Gene Pietzak - I1AAl CFI, IAAL ECT
`Fire Investigator
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`TJ Russd Consuliants, Ing,
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`99 Hillside Avenue - Suite X
`Williston Park, New York 11596
`Oftfice: Desls (516) 513-1388
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`Call (516)330-0372. 4
`Corporate Office (516) 294 8644
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`Russo
`LR A 2 I SRR T TR VS PRPETY
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`wwwakitu §s9,carh
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`To:
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`CARTAFALSA, TURPIN, & LENOFF
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`SHEPS LAW GRO}JP P.C.
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`ROBERT C SHEPS, ESQ.
`Attor,{leys for Plaintiff
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`25 High Street
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`Huntington, New York 11743
`(631) 249-5600
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`Sheps File No. 7846
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`Attorneys for Defendant Lenovo (United States) Inc.
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`4 World Trade Center
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`150 Greenwich Street, 52™ Floor
`New York, New York 10007
`File No. 457629
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`FISHMAN, MCINTYRE, BERKELEY
`LEVINE, SAMANSKY, P.C.
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`Attorney for Defendant Best Buy Co., Inc.
`521 Fifth Avenue, 17 Floor
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`New York, New York 10175
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`File No. BBY-025
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