`NYSCEF DOC. NO. 18
`
`INDEX NO. 161798/2018
`
`RECEIVED NYSCEF: 10/07/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------------x
`BRETT RIST,
`
`Plaintiff,
`
`v.
`
`767 FIFTH PARTNERS LLC, APPLE FIFTH AVENUE,
`APPLE INC. AND TURNER CONSTRUCTION COMPANY,
`
`Defendants.
`----------------------------------------------------------------------x
`
`Index No.: 161798/2018
`(ECF)
`
`RESPONSE TO
`PRELIMINARY
`CONFERENCE ORDER
`
` PLEASE TAKE NOTICE, that Defendant, 767 Fifth Partners LLC, by his attorneys, Eustace,
`
`Prezioso & Yapchanyk, hereby responds to this Court's Preliminary Conference Order dated
`
`September 5, 2019 as follows:
`
`INSURANCE INFORMATION
`
`Defendant is insured under Chubb Group of Insurance Companies Policy Number 7350-
`
`83-05, effective March 1, 2018 to March 1, 2019. Said policy provides coverage in the amount of
`
`$1 million per loss per year.
`
`Defendant is also insured under Berkshire Hathaway Specialty Insurance Company
`
`Excess Policy Number 47-UMO-100171-05, effective March 1, 2018 to March 1, 2019. Said
`
`policy provides excess coverage in the amount of $50,000,000.
`
`WITNESSES
`
`Defendant is not aware of the identities of eyewitness to the subject incident other than
`
`the witnesses identified on accident reports previously disclosed by other parties herein.
`
`1 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 10/07/2019 12:51 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 161798/2018
`
`RECEIVED NYSCEF: 10/07/2019
`
`STATEMENTS OF OPPOSING PARTIES
`
`Defendant is not in possession of any adverse party statements.
`
`PHOTOGRAPHS
`
`Defendant is not in possession of any photographs depicting the scene of incident.
`
`ACCIDENT REPORT
`
`Defendant is not in possession of an accident report relative to the subject incident.
`
`EXPERT WITNESSES
`
`Defendant has not yet designated expert witnesses to testify at the time of trial of this
`
`action, but hereby reserve(s) all such rights pursuant to CPLR § 3101 (d)(1).
`
` Defendant hereby reserves the right to amend and/or supplement this response up to and
`
`including the time of trial.
`
`DATED: October 7, 2019
` New York, New York
`
`Eustace, Prezioso & Yapchanyk
`Attorneys for Defendant
`767 FIFTH PARTNERS LLC
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By: ___________________________
`Christopher M. Yapchanyk
`
`2 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 10/07/2019 12:51 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 161798/2018
`
`RECEIVED NYSCEF: 10/07/2019
`
`TO:
`
`Sacks & Sacks, LLP
`Attorneys for Plaintiff,
`Brett Rist
`150 Broadway, 4th Floor
`New York, New York 10038
`(212) 964-5570
`
`Nicoletti Gonson Spinner Ryan Gulino Pinter LLP
`Attorneys for Defendant,
`Apple Fifth Avenue
`555 Fifth Avenue, 8th Floor
`New York, New York 10017
`(212) 730-7750
`
`3 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 10/07/2019 12:51 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 161798/2018
`
`RECEIVED NYSCEF: 10/07/2019
`
`Index No.: 161798/2018 (ECF)
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`BRETT RIST,
`
`Plaintiff,
`
`-against-
`
`767 FIFTH PARTNERS LLC, APPLE FIFTH AVENUE, APPLE INC. AND
`TURNER CONSTRUCTION COMPANY,
`
` Defendants.
`
`RESPONSE TO PRELIMINARY CONFERENCE ORDER
`
`_______________________________________________________________
`
`EUSTACE, PREZIOSO & YAPCHANYK
`Attorneys for Defendant
`767 Fifth Partners LLC
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`4 of 4
`
`
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