FILED: NEW YORK COUNTY CLERK 11/13/2018 06:02 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
`
`Index No.: 158916/2018 (ECF)
`
`VERIFIED ANSWER TO
`COMPLAINT
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`LORRAINE WOHL,
`
`Plaintiff,
`
`v.
`
`THE CITY OF NEW YORK, CONSOLIDATED EDISON
`COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP.,
`ARBEN CONTRACTING, LLC ARBEN CONTRACTING
`OF NEW YORK, INC, EJ ELECTRIC INSTALLATION
`COMPANY, AND LIGHTOWER FIBER
`NETWORKS I, LLC,
`
`Defendants.
`-----------------------------------------------------------------------x
`
`Defendant, Lightower Fiber Networks I, LLC., by its attorneys, EUSTACE, MARQUEZ,
`
`EPSTEIN, PREZIOSO & YAPCHANYK, answers the Complaint of the Plaintiffs by stating as
`
`follows:
`
`1.
`
`Denies having knowledge or information sufficient to form a belief as to the truth of the
`
`allegations of paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
`
`25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37 and 44.
`
`2.
`
`Denies, upon information and belief, the allegations of paragraph 36, except to admit that
`
`Lightower Fiber Networks I, LLC is a foreign limited liability company.
`
`3.
`
`Denies, upon information and belief, the allegations of paragraphs 38, 39, 40, 41, 42, 43,
`
`47, 48, 49, 50 and 51.
`
`4.
`
`Denies having knowledge or information sufficient to form a belief as to the truth of the
`
`allegations of paragraphs 45 and 46 and respectfully refers all questions of law to this Honorable Court.
`
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`5.
`
`Denies, upon information and belief, the allegations of paragraph 52 and the paragraph
`
`identified as "Wherefore" and respectfully refers all questions of law to this Honorable Court.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`6.
`
`The injuries alleged to have been suffered by the Plaintiffs were caused, in whole or part,
`
`by the conduct of Plaintiffs. Plaintiffs' claims therefore are barred or diminished in the proportion that
`
`such culpable conduct of Plaintiffs bears to the total culpable conduct causing the damages.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`7.
`
`The injuries and damages alleged in the Complaint were caused or contributed to by the
`
`culpable conduct including contributory negligence, assumption of the risk and/or product misuse of
`
`persons over whom this Defendant had no authority or control.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`8.
`
`Pursuant to CPLR Article 16, the liability of this Defendant to the Plaintiffs for non-
`
`economic loss shall not exceed the equitable share of this Defendant determined in accordance with the
`
`relative culpability of each person/party causing or contributing to the total liability for non-economic
`
`loss.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`9.
`
`Upon information and belief the causes of action alleged in the Complaint of the
`
`Plaintiffs fail to properly state, specify or allege a cause of action on which relief can be granted as a
`
`matter of law.
`
`2 of 39
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`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`10.
`
`That the Plaintiffs have failed to comply with Section 3017(a) of the CPLR regarding the
`
`demands for relief.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`11.
`
`That recovery, if any, on the Complaint of the Plaintiffs shall be reduced by the amounts
`
`paid or reimbursed by collateral sources in accordance with CPLR 4545(c).
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`12.
`
`That if it is determined that this answering Defendant is responsible for the acts alleged in
`
`the Complaint then Plaintiffs failed to take appropriate action to mitigate any damages.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`13.
`
`The injuries and damages alleged in the Complaint of the Plaintiffs were caused or
`
`contributed to by Plaintiffs's culpable conduct in assuming the risk under the conditions and
`
`circumstances existing.
`
`AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: THE CITY OF NEW
`YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP., ARBEN CONTRACTING, LLC,
`ARBEN CONTRACTING OF NEW YORK, INC and EJ ELECTRIC INSTALLATION
`COMPANY
`
`14.
`
`If any plaintiff recovers against this Defendant, then this Defendant will be entitled to an
`
`apportionment of responsibility for damages between and amongst the parties of this action and will be
`
`entitled to recover from each other party for its proportional share commensurate with any judgment
`
`which may be awarded to the plaintiff.
`
`3 of 39
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`NYSCEF DOC. NO. 14
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`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
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`AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: THE CITY
`OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, TIME WARNER
`CABLE NEW YORK CITY LLC, P&T II CONTRACTING CORP., ARBEN CONTRACTING,
`LLC, ARBEN CONTRACTING OF NEW YORK, INC and EJ ELECTRIC INSTALLATION
`COMPANY
`
`15.
`
`If any plaintiff recovers against this Defendant, then this Defendant will be entitled to be
`
`indemnified and to recover the full amount of any judgment from the City of New York, Consolidated
`
`Edison Company of New York, Time Warner Cable New York City LLC, P&T II Contracting Corp.,
`
`Arben Contracting, LLC, Arben Contracting of New York, INC and EJ Electric Installation Company
`
`AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNITY AGAINST: THE CITY
`OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, TIME WARNER
`CABLE NEW YORK CITY LLC, P&T II CONTRACTING CORP., ARBEN CONTRACTING,
`LLC, ARBEN CONTRACTING OF NEW YORK, INC and EJ ELECTRIC INSTALLATION
`COMPANY
`
`16.
`
`At the time of the accident alleged in the complaint a contract was in effect between this
`
`Defendant and City of New York, Consolidated Edison Company of New York, Time Warner Cable
`
`New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben Contracting of New
`
`York, INC and EJ Electric Installation Company.
`
`17.
`
`The contract required City of New York, Consolidated Edison Company of New York,
`
`Time Warner Cable New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben
`
`Contracting of New York, INC and EJ Electric Installation Companyto indemnify and, or hold harmless
`
`this Defendant for all claims, losses, liability and damages for any injury to any person.
`
`18.
`
`City of New York, Consolidated Edison Company of New York, Time Warner Cable
`
`New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben Contracting of New
`
`York, INC and EJ Electric Installation Company breached the contract and is obligated to indemnify this
`
`Defendant for any judgement or settlement obtained by any plaintiff in this action including defense
`
`costs and attorneys' fees.
`
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`AS AND FOR A CROSS-CLAIM FOR BREACH OF CONTRACT FOR FAILURE TO NAME
`ON INSURANCE POLICY AGAINST: THE CITY OF NEW YORK, CONSOLIDATED
`EDISON COMPANY OF NEW YORK, TIME WARNER CABLE NEW YORK CITY LLC,
`P&T II CONTRACTING CORP., ARBEN CONTRACTING, LLC, ARBEN CONTRACTING
`OF NEW YORK, INC and EJ ELECTRIC INSTALLATION COMPANY
`
`19.
`
`At the time of the accident alleged in the complaint a contract was in effect between this
`
`Defendant and City of New York, Consolidated Edison Company of New York, Time Warner Cable
`
`New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben Contracting of New
`
`York, INC and EJ Electric Installation Company
`
`20.
`
`The contract required City of New York, Consolidated Edison Company of New York,
`
`Time Warner Cable New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben
`
`Contracting of New York, INC and EJ Electric Installation Company to purchase liability insurance for
`
`the benefit of this Defendant.
`
`21.
`
`City of New York, Consolidated Edison Company of New York, Time Warner Cable
`
`New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC, Arben Contracting of New
`
`York, INC and EJ Electric Installation Company failed to purchase the insurance required and thereby
`
`breached the contract.
`
`22.
`
`By reason of the foregoing, City of New York, Consolidated Edison Company of New
`
`York, Time Warner Cable New York City LLC, P&T II Contracting Corp., Arben Contracting, LLC,
`
`Arben Contracting of New York, INC and EJ Electric Installation Company are liable to this answering
`
`Defendant for all damages resulting from the breach including defense costs and attorneys' fees.
`
`5 of 39
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`RECEIVED NYSCEF: 11/13/2018
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`WHEREFORE, this Defendant demands judgment dismissing the Complaint, together
`
`with costs and disbursements, and in the event any judgment or settlement is recovered herein
`
`against this Defendant, then this Defendant further demands that such judgment be reduced by
`
`the amount which is proportionate to the degree of culpability of any plaintiff, and this
`
`Defendant further demands judgment against each other party on the respective crossclaims
`
`and/or counterclaims.
`
`DATED: November 13, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`LIGHTOWER FIBER NETWORKS I, LLC.
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Robert M. Michell
`
`To:
`
`Kahn, Gordon, Timko & Rodriques, P.C.
`Attorneys for Plaintiff, Lorraine Wohl
`20 Vesey Street
`Suite 300
`New York, New York 10007
`
`Zachary W. Carter
`Corporation Counsel
`Attorney for Defendant,
`City of New York
`100 Church Street – 4th Floor
`New York, New York 10007
`
`6 of 39
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`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
`
`Nadine Rivellese
`Attorneys for Defendant,
`Consolidated Edison Company of New York
`4 Irving Place, Room 1800
`New York, New York 10003-3598
`
`Newman Myers Kreines Gross Harris, P.C.
`Attorneys for Defendant,
`Time Warner Cable New York City LLC
`40 Wall Street – 26th Floor
`New York, New York 10005
`(212) 619-4350
`
`P & T II Contracting Corp.
`(NO APPEARANCE YET)
`
`Arben Contracting, LLC
`(NO APPEARANCE YET)
`
`Arben Constructing of New York, Inc.
`(NO APPEARANCE YET)
`
`EJ Electric Installation Company
`(NO APPEARANCE YET)
`
`7 of 39
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`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
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`Index No.: 158916/2018
`(ECF)
`
`VERIFICATION
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`LORRAINE WOHL,
`
`Plaintiff,
`
`v.
`
`THE CITY OF NEW YORK, CONSOLIDATED EDISON
`COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP.,
`ARBEN CONTRACTING, LLC ARBEN CONTRACTING
`OF NEW YORK, INC, EJ ELECTRIC INSTALLATION
`COMPANY, AND LIGHTOWER FIBER
`NETWORKS I, LLC,
`
`Defendants.
`-----------------------------------------------------------------------x
`
`Robert M. Michell, an attorney duly admitted to practice law before the Courts of New
`
`York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106:
`
`I am a member of the firm of EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`
`YAPCHANYK, attorneys for the Defendant, Lightower Fiber Networks I, LLC.
`
`I submit the following statement upon information and belief, based upon an inspection of the
`
`records maintained by this office, which records I believe to be true.
`
`That I have read the contents of the attached VERIFIED ANSWER TO COMPLAINT
`
`for Defendant Lightower Fiber Networks I, LLC. and believe it to be true based on information
`
`available or maintained by this firm. I make this verification because this Defendant is either a
`
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`foreign corporation or is not located in New York County.
`
`DATED: November 13, 2018
` New York, New York
`
`Robert M. Michell
`
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`RECEIVED NYSCEF: 11/13/2018
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`Index No.: 158916/2018
`(ECF)
`
`NOTICE PURSUANT
`TO CPLR 2103
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`LORRAINE WOHL,
`
`Plaintiff,
`
`v.
`
`THE CITY OF NEW YORK, CONSOLIDATED EDISON
`COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP.,
`ARBEN CONTRACTING, LLC ARBEN CONTRACTING
`OF NEW YORK, INC, EJ ELECTRIC INSTALLATION
`COMPANY, AND LIGHTOWER FIBER
`NETWORKS I, LLC,
`
`Defendants.
`-----------------------------------------------------------------------x
`
`PLEASE TAKE NOTICE that Defendant Lightower Fiber Networks I, LLC., by its
`
`attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, hereby serve(s)
`
`Notice upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly
`
`rejects service of papers in this matter upon them by electronic means.
`
`PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be
`
`affected by express prior written consent to such service by EUSTACE, MARQUEZ,
`
`EPSTEIN, PREZIOSO & YAPCHANYK and by placement thereby of EUSTACE,
`
`MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK electronic communication number in
`
`10 of 39
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`INDEX NO. 158916/2018
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`RECEIVED NYSCEF: 11/13/2018
`
`the address block of papers filed with the Court.
`
`DATED: November 13, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`LIGHTOWER FIBER NETWORKS I, LLC.
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Robert M. Michell
`
`To:
`
`To:
`
`Kahn, Gordon, Timko & Rodriques, P.C.
`Attorneys for Plaintiff, Lorraine Wohl
`20 Vesey Street
`Suite 300
`New York, New York 10007
`
`Zachary W. Carter
`Corporation Counsel
`Attorney for Defendant,
`City of New York
`100 Church Street – 4th Floor
`New York, New York 10007
`
`Nadine Rivellese
`Attorneys for Defendant,
`Consolidated Edison Company of New York
`4 Irving Place, Room 1800
`New York, New York 10003-3598
`
`11 of 39
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`INDEX NO. 158916/2018
`
`RECEIVED NYSCEF: 11/13/2018
`
`Newman Myers Kreines Gross Harris, P.C.
`Attorneys for Defendant,
`Time Warner Cable New York City LLC
`40 Wall Street – 26th Floor
`New York, New York 10005
`(212) 619-4350
`
`P & T II Contracting Corp.
`(NO APPEARANCE YET)
`
`Arben Contracting, LLC
`(NO APPEARANCE YET)
`
`Arben Constructing of New York, Inc.
`(NO APPEARANCE YET)
`
`EJ Electric Installation Company
`(NO APPEARANCE YET)
`
`12 of 39
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`FILED: NEW YORK COUNTY CLERK 11/13/2018 06:02 PM
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`RECEIVED NYSCEF: 11/13/2018
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`LORRAINE WOHL,
`
`Index No.: 158916/2018
`(ECF)
`
`COMBINED DISCOVERY
`DEMANDS AND NOTICE
`OF DEPOSITION
`
`Plaintiff,
`
`v.
`
`THE CITY OF NEW YORK, CONSOLIDATED EDISON
`COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP.,
`ARBEN CONTRACTING, LLC ARBEN CONTRACTING
`OF NEW YORK, INC, EJ ELECTRIC INSTALLATION
`COMPANY, AND LIGHTOWER FIBER
`NETWORKS I, LLC,
`
`Defendants.
`-----------------------------------------------------------------------x
`
`PLEASE TAKE NOTICE, that Defendant Lightower Fiber Networks I, LLC., by its
`
`attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands that each
`
`adverse party afford us the disclosure which this notice and demand specifies:
`
`DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION
`
`A. Each adverse party is to appear for deposition upon oral examination pursuant to
`
`CPLR 3107:
`
`(1) At this date and time: December 5, 2018 at 10:00 am
`
`(2) At this place:
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`
`YAPCHANYK
`
`55 Water Street, 28th Floor
`
`New York, New York 10041
`
`13 of 39
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`B. Pursuant to CPLR 3106(d) we designate the following as the identity, description or
`
`title of the particular officer, director, member, or employee of the adverse party specified whose
`
`deposition we desire to take: ALL PARTIES
`
`C. Each deposition witness thus examined is to produce at such time and place, pursuant
`
`to CPLR 3111, all books, papers, and other things which are relevant to the issues in the action
`
`and within that adverse party's possession, custody, or control to be marked as exhibits, and used
`
`on the examination.
`
`PARTY STATEMENTS
`
`Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within
`
`thirty (30) days from the service of this Demand, a complete and legible copy of any statement
`
`made by or taken from any individual party or any officer, agent, or employee of said party.
`
`INSURANCE POLICIES
`
`Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty
`
`(30) days from the service of this Demand, a complete and legible copy of each primary or
`
`excess insurance agreement under which any person carrying on an insurance business may be
`
`liable to satisfy part or all of any judgment which may be entered in this action or to indemnify
`
`or reimburse for payments made to satisfy any such judgment.
`
`ACCIDENT REPORTS
`
`Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty
`
`(30) days from service of this Demand, a complete and legible copy of every written report of the
`
`accident or other event alleged in the complaint prepared in the regular course of that adverse
`
`party's business operations or practices.
`
`14 of 39
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`PHOTOGRAPHS AND VIDEOTAPES
`
`Each adverse party is to serve within thirty (30) days from the service of this Demand,
`
`complete and legible photographic or videotape reproductions of any and all photographs,
`
`motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident
`
`or equipment or instrumentality involved in the action or photographs of persons or vehicles
`
`involved (if applicable) made either before, after or at the time of the events in question,
`
`including any photographs or videotapes made of the plaintiff at any time since the incident
`
`referred to in the Complaint.
`
`WITNESSES
`
`Each adverse party is to serve within thirty (30) days from the service of this Demand,
`
`the name and address of each witness to any of the following:
`
`1. The accident, occurrence or any other event set forth in the complaint.
`
`2. Any fact tending to prove actual or constructive notice of any condition which may
`
`give rise to the liability of any person, whether or not a party, for any damages alleged in this
`
`action.
`
`3. Any admission, statement, writing or act of our client.
`
`EXPERT WITNESS MATERIAL
`
`Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from
`
`the service of this request, a statement specifying all of the following data as to each person
`
`whom that adverse party expects to call as an expert witness at trial:
`
`A. The identity of each expert;
`
`B. The subject matter on which each expert is expected to testify, disclosed in reasonable
`
`detail;
`
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`C. The substance of the facts and opinions on which each expert is expected to testify;
`
`D. The qualifications of each expert; and
`
`E. A summary of the grounds for each expert's opinion.
`
`PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any
`
`proof of an expert's qualifications which are different from or additional to those which the
`
`adverse party calling the expert had disclosed in reference to sub-paragraph D.
`
`COLLATERAL SOURCE INFORMATION
`
`Each plaintiff seeking to recover for the cost of medical care, dental care, custodial care
`
`or rehabilitation services, loss of earnings or other economic loss is to serve, pursuant to CPLR
`
`4545(c), within thirty (30) days from the service of this Demand, a statement of all past and
`
`future cost and expense which has been or will, with reasonable certainty, be replaced or
`
`indemnified, in whole or in part, from any collateral source such as insurance (except life
`
`insurance), social security, workers' compensation, or employee benefit programs. Each such
`
`statement is to set forth the name, address, and insurance policy (or other account) number of
`
`each collateral source payor; and, separately stated for each payor, a list specifying the date and
`
`amount of each payment and the name, address, and social security number or other taxpayer
`
`identification number of each payee.
`
`PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS
`
`Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
`
`this Demand:
`
`Medical Reports and Bills: Copies of the medical reports and bills of those health
`
`professionals who have previously treated or examined the plaintiff. Those reports shall include a
`
`detailed recital of the injuries and conditions as to which testimony will be offered at the trial,
`
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`referring to and identifying those diagnostic tests and technicians' reports which will be offered
`
`at the trial.
`
`B. Medical Authorizations: Duly executed and acknowledged written medical
`
`authorizations, complying with the Health Insurance Portability and Accountability Act
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`(“HIPPA”), 45 C.F.R. §164.508(a), (using attached form) permitting all parties to obtain and
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`make copies of the records and notes including any intake sheets, diagnostic tests, X-Rays,
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`MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical
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`professionals.
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`Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this
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`MEDICARE DOCUMENTS
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`demand, a complete and legible copy of:
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`1. Plaintiff’s Medicare Insurance Card
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`2. All Medicare statements of conditional payments for medical treatment arising out of the
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`incident which is the subject of this lawsuit.
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`3. Plaintiff’s Social Security card.
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`4. All documents pertaining to Medicare benefits received for treatment provided to
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`plaintiff for injuries and illness arising out of the incident which is the subject of this
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`lawsuit.
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`PRODUCTION OF RECORDS AND AUTHORIZATIONS
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`Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
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`this demand duly executed, fully addressed and acknowledged written authorizations permitting
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`all parties to obtain and make copies of each of the following:
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`A. All workers' compensation records and reports of hearings pertaining to the incident
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`alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board
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`and workers' compensation carrier.
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`B. All records of present and past employment of plaintiff.
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`C. All records in the no-fault file of any carrier issuing benefits to the plaintiff arising out
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`of the incident alleged to have occurred in the complaint.
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`D. All records of the Internal Revenue Service filed by the plaintiff for the calendar year
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`prior to the date of the incident alleged in the complaint and for the two subsequent years. Please
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`use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and signature
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`as required by the IRS.
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`E. All records of schools attended by plaintiff.
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`All records of each collateral source that has provided and/or in the future will be
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`providing any payment or reimbursement for expenses incurred because of this incident.
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`MUNICIPAL - NOTICE OF CLAIM AND HEARING
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`A. Each plaintiff is to serve on us, within thirty (30) days from the service of this
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`Demand:
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`(1) A copy of any General Municipal Law, section 50(e) Notice of Claim which that
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`plaintiff served with respect to the accident alleged in this action; and
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`(2) A copy of the transcript of any hearing on any such claim held (by any municipality)
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`pursuant to General Municipal Law, Section 50(h) (with a copy of any exhibit marked at any
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`such hearing); and
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`B. Each municipal-defendant adverse party is to serve on us, within thirty (30) days from
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`the service of this Demand:
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`(1) A copy of any General Municipal Law, Section 50(e) Notice of Claim which that
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`municipal defendant held on any such claim pursuant to General Municipal Law, Section 50(h)
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`(with a copy of any exhibit marked at any such hearing).
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`PHYSICAL OR MENTAL EXAMINATION
`
`Defendant hereby demands, pursuant to CPLR §3121, that plaintiff appear for and submit
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`to physical, mental and blood examination(s), for all claimed injuries, by a doctor(s) of
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`defendant's designation-specialties to be determined. This examination(s) shall to be conducted
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`in said doctor’(s’) office(s) and at a reasonable time following plaintiff’s deposition, but in no
`
`event less than 20 days after the service of this Notice.
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`NAMES AND ADDRESSES OF ATTORNEYS
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`Each adverse party is to serve on us, within thirty (30) days from service of this Demand,
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`the names and addresses of all attorneys having appeared in this action on behalf of any adverse
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`party.
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`PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING
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`DEMANDS, and that each demand requires that an adverse party who acquires more than thirty
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`(30) days from the service of this demand any document, information, or thing (including the
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`opinion of any person whom the adverse party expects to call as an expert witness at trial) which
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`is responsive to any of the above demands, is to give us prompt written advice to that effect; and,
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`within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such
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`information on us and allow us to inspect, copy, test, and photograph each such document or
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`thing.
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`PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude
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`as to any adverse party who does not timely identify any witness, serve any report, or produce
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`any document, information, or thing which is responsive to a discovery demand set forth in any
`
`of the ensuing paragraphs:
`
`A. From calling any event or notice witness not identified to us or medical expert whose
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`reports have not been served on us;
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`B. From calling any other expert witness whose identity, qualifications, and expected
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`fact and opinion testimony (together with a summary of the grounds for each such opinion) have
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`not been served on us;
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`C. From putting in evidence any exhibit not served on us or produced for us to discover,
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`inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and
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`D. From offering any other proof not timely disclosed pursuant to a court order in this
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`action.
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`DATED: November 13, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`LIGHTOWER FIBER NETWORKS I, LLC.
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Robert M. Michell
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`To:
`
`Kahn, Gordon, Timko & Rodriques, P.C.
`Attorneys for Plaintiff, Lorraine Wohl
`20 Vesey Street
`Suite 300
`New York, New York 10007
`
`Zachary W. Carter
`Corporation Counsel
`Attorney for Defendant,
`City of New York
`100 Church Street – 4th Floor
`New York, New York 10007
`
`Nadine Rivellese
`Attorneys for Defendant,
`Consolidated Edison Company of New York
`4 Irving Place, Room 1800
`New York, New York 10003-3598
`
`Newman Myers Kreines Gross Harris, P.C.
`Attorneys for Defendant,
`Time Warner Cable New York City LLC
`40 Wall Street – 26th Floor
`New York, New York 10005
`(212) 619-4350
`
`P & T II Contracting Corp.
`(NO APPEARANCE YET)
`
`Arben Contracting, LLC
`(NO APPEARANCE YET)
`
`Arben Constructing of New York, Inc.
`(NO APPEARANCE YET)
`
`EJ Electric Installation Company
`(NO APPEARANCE YET)
`
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`LORRAINE WOHL,
`
`Index No.: 158916/2018
`(ECF)
`
`Plaintiff,
`
`v.
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`THE CITY OF NEW YORK, CONSOLIDATED EDISON
`COMPANY OF NEW YORK, TIME WARNER CABLE
`NEW YORK CITY LLC, P&T II CONTRACTING CORP.,
`ARBEN CONTRACTING, LLC ARBEN CONTRACTING
`OF NEW YORK, INC, EJ ELECTRIC INSTALLATION
`COMPANY, AND LIGHTOWER FIBER
`NETWORKS I, LLC,
`
`Defendants.
`-----------------------------------------------------------------------x
`
`PLEASE TAKE NOTICE, Defendant, Lightower Fiber Networks I, LLC, by its
`
`attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands
`
`pursuant to CPLR 3041-3044, that each Plaintiff furnish, within thirty (30) days of the date of
`
`this demand a Verified Bill of the following particulars:
`
`A.
`
`Liability Issues:
`
`1.
`
`2.
`
`3.
`
`4.
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`The legal name, address, date of birth and social security number of each plaintiff,
`
`The date and approximate time of day of the alleged accident.
`
`The location of the alleged accident.
`
`(a)
`
`A statement of the acts or omissions constituting any negligence or other
`
`culpable conduct claimed against this defendant.
`
`(b)
`
`If breach of warranty is alleged, state whether said warranty was:
`
`i.
`
`expressed or implied;
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`ii.
`
`iii.
`
`iv.
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`oral or written;
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`if written, set forth a copy thereof; and
`
`if oral, state by whom and to whom the alleged warranty was
`
`made, specifying the time, place and persons in sufficient detail to
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`permit identification.
`
`5.
`
`If actual notice is claimed, a statement of when, by whom and to whom actual
`
`notice was given and whether such notice was in writing; also, if such notice was in writing, the
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`statement is to include the name and address of anyone who has any copy of it.
`
`6.
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`If constructive notice is claimed, a statement of how long any allegedly dangerous
`
`or defective condition existed before the occurrence and who has first-hand knowledge of any
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`such facts.
`
`7.
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`If any violation is claimed, a citation to each statute, ordinance, regulation, and
`
`other federal, state, or local rule which it is claimed that any defendant we represent has violated.
`
`8.
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`If any prior similar occurrence is claimed, a statement of its date, approximate
`
`time of day and approximate location.
`
`9.
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`If any subsequent repair or other remedial action is claimed, a statement of its
`
`date, approximate time of day, approximate location, who made such repair or took such other
`
`action and who has first-hand knowledge of either.
`
`B.
`
`Damage Issues: Personal Injury:
`
`10.
`
`A statement of the injuries claimed to have been sustained by plaintiff as a result
`
`of the accident and a description of any injuries claimed to be permanent.
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`11.
`
`In any action under Ins. Law, §5104(a), for personal injuries arising out of
`
`negligence in the use or operation of a motor vehicle in this state, in what respect and to what
`
`extent any plaintiff has sustained:
`
`(a)
`
`(b)
`
`serious injury, as defined by