FILED: NEW YORK COUNTY CLERK 12/04/2024 04:01 PM
`NYSCEF DOC. NO. 68
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`INDEX NO. 162069/2023
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`RECEIVED NYSCEF: 12/04/2024
`
`Index No. 162069/2023
`Date Filed:
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`NOTICE FOR DISCOVERY
`AND INSPECTION
`TO DEFENDANT
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------------X
`EDGAR ORTIZ LOPEZ,
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`Plaintiff,
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`-against-
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`KOUSA REALTY LLC and IA CONSTRUCTION
`MANAGEMENT, INC.,
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`Defendant,
`----------------------------------------------------------------------X
`IA CONSTRUCTION MANAGEMENT, INC.
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`Third-Party Plaintiff,
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`-against-
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`ARTISTIC MASONRY INCORPORATED,
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`Third-Party Defendant
`----------------------------------------------------------------X
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`C O U N S E L O R S:
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`PLEASE TAKE NOTICE, that a demand is hereby made by the Third-Party
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`Defendant, ARTISTIC MASONRY INCORPORATED, by the attorneys for said Third-Party
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`Defendant, CONWAY, FARRELL, CURTIN & KELLY, P.C., pursuant to Article 31 of the C.P.L.R.,
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`that defendant, KOUSA REALTY LLC, produce for discovery, inspection and photocopying the
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`following documents at the office of CONWAY, FARRELL, CURTIN AND KELLY, P.C., 48 Wall
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`Street, New York, New York 10005, within twenty (20) days of the date of this demand:
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`1.
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`The names and addresses of any and all eyewitnesses to the alleged occurrence
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`and the names and addresses of any and all notice witnesses with respect to the conditions that are
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`alleged to have given rise to the occurrence.
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`Conway, Farrell,
`Curtin & Kelly, PC
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`1 of 4
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`FILED: NEW YORK COUNTY CLERK 12/04/2024 04:01 PM
`NYSCEF DOC. NO. 68
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`INDEX NO. 162069/2023
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`RECEIVED NYSCEF: 12/04/2024
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`2.
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`Pursuant to CPLR §3101(i), to produce and permit the undersigned attorney to
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`inspect and copy any films, photographs, video tapes and/or audio tapes, including transcripts or
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`memoranda thereof, showing the condition of the site and damages and for conditions which allegedly
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`caused the injuries of plaintiff.
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`3.
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`Copies of any statements taken, signed or recorded of this defendant or if said
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`defendant is a partnership, company or corporation, the statement of any officer, employee, agent or
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`servant of the said defendant.
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`4.
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`Copies of any and all documents, contracts, agreements, warranties, briefs,
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`letters, transcripts, minutes, memos, notes on paper and/or computer disks which contain information
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`relating, but not limited, to plaintiffs and co-defendants in connection with this subject lawsuit.
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`5.
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`Complete copies of all contracts, including all riders, general conditions,
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`exhibits and/or additional writings referred to as contract documents within such agreements.
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`6.
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`Copies of all daily work logs, records, reports, progress records and job progress
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`meeting minutes for a period of three months prior to and one week post date of the incident.
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`7.
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`Copies of all daily force reports for a period of three months prior to and one
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`week post date of the incident.
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`8.
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`Copies of all attendance records for a period of three months prior to and one
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`week post date of the incident.
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`9.
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`Copies of all progress photos depicting the job site for a period of three months
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`prior to and one week post date of incident.
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`Conway, Farrell,
`Curtin & Kelly, PC
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`10.
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`Copies of all accident and/or investigative reports regarding the subject incident.
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`2
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`2 of 4
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`FILED: NEW YORK COUNTY CLERK 12/04/2024 04:01 PM
`NYSCEF DOC. NO. 68
`
`INDEX NO. 162069/2023
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`RECEIVED NYSCEF: 12/04/2024
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`11.
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`Copies of all safety minutes, including but not limited to memos, contractor or
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`subcontractor records, safety meeting minutes and attendance sheets maintained in connection with
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`such safety meetings, for a period of three months prior to and one week post date of incident.
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`12.
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`13.
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`Copies of any pre-construction meeting minutes held at this job site.
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`Copies of all job site rules and regulations promulgated, published or distributed
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`relating to job site safety at this job site.
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`14.
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`Copies of each Certificate of Insurance obtained, in possession of, or procured
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`by the responding party, with respect to liability insurance or Workers’ Compensation insurance
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`coverage for the subject job site and any entity identified as an owner, general contractor, construction
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`manager, contractor or subcontractor employed thereat.
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`15.
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`Copies of each and every policy of insurance, including declarations sheet, in
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`effect on the date of the accident procured for the defendant.
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`16.
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`Copies of all plans, designs, sketches, diagrams, blueprints or drawings for the
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`period of 2 years prior to and including the date of loss regarding work performed at the subject accident
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`location”.
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`17.
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`Pursuant to CPLR 3101(d), set forth the name and address of each person the
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`defendant expects to call as an expert witness at trial and state, in detail, the subject matter which each
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`said expert is expected to testify on; the facts and opinion which each said expert is expected to testify;
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`the qualifications of each said expert witness; and a summary of the grounds for each said expert's
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`opinions.
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`PLEASE TAKE FURTHER NOTICE that the foregoing demand is continuing
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`demand and in the event that the materials become available after the designated date, it should be
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`forwarded to our office within thirty days of the service of this Notice. In the event that said material
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`Conway, Farrell,
`Curtin & Kelly, PC
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`3
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`3 of 4
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`FILED: NEW YORK COUNTY CLERK 12/04/2024 04:01 PM
`NYSCEF DOC. NO. 68
`
`INDEX NO. 162069/2023
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`RECEIVED NYSCEF: 12/04/2024
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`is not produced for inspection and/or photocopying as required herein, the undersigned will move this
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`Court to invoke the penalties applicable under Article 31 of the C.P.L.R.
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`DATED:
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`New York, New York
`December 4, 2024
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`CONWAY, FARRELL, CURTIN
`& KELLY, P.C.
`
`Jeffrey J. Pilinko, Esq.
`By:_________________________________
`Jeffrey J. Pilinko
`Attorneys for Third-Party Defendant, ARTISTIC
`MASONRY INCORPORATED
`48 Wall Street – 25th Floor
`New York, N.Y. 10005
`(212) 785-2929
`Email: jpilinko@conwayfarrell.com
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`TO:
`
`THE CAKANI LAW FIRM, P.C.
`200 Mamaroneck Avenue, Suite 505
`White Plains, NY 10601
`(212) 962-0500
`Attorneys for Plaintiff, EDGAR ORTIZ LOPEZ
`
`Kiera M. Guzzo, Esq.
`MULHOLLAND MINION DAVEY MCNIFF & BEYRER
`374 Hillside Avenue
`Williston Park, NY 11596
`(516) 248-1200
`Attorneys for Defendant, KOUSA REALTY LLC
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`Michael Zaitz, Esq.
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`101 Greenwich Street, 22nd Floor
`New York, NY 10006
`(212) 766-1888
`Attorneys for Defendant/Third-Party Plaintiff, IA CONSTRUCTION MANAGEMENT, INC.
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`Conway, Farrell,
`Curtin & Kelly, PC
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`4
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`4 of 4
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