FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`Index No.
`719537/2023
`
`COMBINED DEMANDS
`FOR DISCLOSURE OF
`WITNESSES, EXPERTS
`AND STATEMENTS
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------X
`Towd Point Mortgage Trust 2021-SJ1,
`U.S. Bank National Association, as
`Indenture Trustee,
`
`
`
`Plaintiff,
`
`
`-against-
`
`
`Randy O’Neil Davy, Nefertari Mekeesha
`McKenzie-Davy, Barrington G. Stewart
`a/k/a Barrington R. Stewart, Mortgage
`Electronic Registration Systems, Inc.,
`UNMB Home Loans Inc. FKA United
`Mortgage Bankers Limited, Technology
`Credit Union, New York State Department of
`Taxation and Finance, Criminal Court of the
`City of New York, New York State Department
`of Finance, New York City Transit Adjudication
`Bureau, New York City Parking Violations
`Bureau and “JOHN DOE #1” through “JOHN
`DOE #12,” the last twelve names being
`fictitious and unknown to Plaintiff, the person
`or parties intended being the tenants,
`occupants, persons or corporations, if any,
`having or claiming an interest in or lien upon
`the premises being foreclosed herein,
`
`
`Defendants.
`-------------------------------------------------------------X
`
`
`
`
`
`I.
`
`DEMAND FOR WITNESS DISCLOSURE
`
`
`
`
`1 of 8
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`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`Index No.
`719537/2023
`
`COMBINED DEMANDS
`FOR DISCLOSURE OF
`WITNESSES, EXPERTS
`AND STATEMENTS
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------X
`Towd Point Mortgage Trust 2021-SJ1,
`U.S. Bank National Association, as
`Indenture Trustee,
`
`
`
`Plaintiff,
`
`
`-against-
`
`
`Randy O’Neil Davy, Nefertari Mekeesha
`McKenzie-Davy, Barrington G. Stewart
`a/k/a Barrington R. Stewart, Mortgage
`Electronic Registration Systems, Inc.,
`UNMB Home Loans Inc. FKA United
`Mortgage Bankers Limited, Technology
`Credit Union, New York State Department of
`Taxation and Finance, Criminal Court of the
`City of New York, New York State Department
`of Finance, New York City Transit Adjudication
`Bureau, New York City Parking Violations
`Bureau and “JOHN DOE #1” through “JOHN
`DOE #12,” the last twelve names being
`fictitious and unknown to Plaintiff, the person
`or parties intended being the tenants,
`occupants, persons or corporations, if any,
`having or claiming an interest in or lien upon
`the premises being foreclosed herein,
`
`
`Defendants.
`-------------------------------------------------------------X
`
`
`
`
`
`I.
`
`DEMAND FOR WITNESS DISCLOSURE
`
`
`
`
`1 of 8
`
`
`
`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`PLEASE TAKE NOTICE, that the undersigned hereby demands,
`
`pursuant to CPLR §3101(a), that you set forth in writing the name and
`
`address of each person and entity known by any party you represent or
`
`claimed by any party you represent:
`
`(a)
`
`(b)
`
`(c)
`
`to be a witness to the occurrences alleged in the parties’
`pleadings;
`
`to be a witness to any acts, omissions or conditions which
`allegedly caused the occurrences alleged in the parties’
`pleadings;
`
`to be a witness to any actual notice allegedly given to
`plaintiff or defendants or any servant, agent or employee
`of the plaintiff or defendant of any condition which
`allegedly caused the occurrences alleged in the parties’
`pleadings;
`
`(d)
`
`to be a witness to the nature and duration of any alleged
`conditions which allegedly caused
`the occurrences
`alleged in the parties’ pleadings; and
`
`(e) who will be called to testify as a witness at the time of
`trial.
`
`
`
`
`
`
`
`
`
`
`
`
`If no such witness or witnesses are known to you, so state in a sworn
`
`reply to this Demand. The undersigned will object upon trial to any witness
`
`not so identified and/or testimony not described.
`
`
`
`
`
`2
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`2 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`If no such witness or witnesses are known to you, so state in a sworn
`
`reply to this Demand. The undersigned will object upon trial to any witness
`
`not so identified and/or testimony not described.
`
`
`
`PLEASE TAKE FURTHER NOTICE that all of the demands herein
`
`are continuing demands and if any of the above information changes after
`
`the date of this demand, it is to be furnished to the undersigned pursuant to
`
`these demands.
`
`
`
`
`
`
`
`II.
`
`DEMAND FOR EXPERT DISCLOSURE
`
`PLEASE TAKE NOTICE that it is demanded pursuant to §3101(d) of
`
`the Civil Practice Law and Rules, that all parties are required to serve upon
`
`the undersigned within twenty (20) days of the date of this notice, the
`
`following:
`
`
`
`1. State whether there is any person you expect to call as an expert
`witness at the time of the trial of this action.
`
`
`2. If the answer to the preceding is in the affirmative, please state in
`detail as to each and every such expert person:
`
`
`
`
`
`
`
`
`a) His/her identity.
`
`b) His/her address.
`
`3
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`3 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`
`
`
`
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`
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`c)
`
`His/her field of expertise.
`
`d)
`
`e)
`
`f)
`
`g)
`
`h)
`
`i)
`
`Any sub-specialties of the witness within his field of
`expertise.
`
`In reasonable detail, the subject matter on which
`each and every expert is expected to testify.
`
`In reasonable detail, the substance of the facts and
`opinions
`to which each and every expert
`is
`expected to testify.
`
`In reasonable detail, the qualifications of each and
`every expert witness.
`
`In reasonable detail, a summary of the grounds for
`each expert's opinion.
`
`Names, dates and publishers of any treatises,
`books, articles or essays or other writings published
`or unpublished by the expert relating in any way to
`the subject matter on which said expert is expected
`to testify. For each published article and essay,
`state the title of the book, journal or other work in
`which it can be found and the name and address of
`the publisher and date of publication.
`
`3. State whether any of the experts you expect to call have
`previously testified on behalf of the plaintiff and/or your law firm in other
`litigation and if so, please state the name and index number of the action.
`
`
`4. State whether any expert, including but not limited to the person or
`persons identified in the preceding demands at any time made an
`examination, analysis, inspection or test of:
`
`
`The premises or the area involved in the complaint.
`
`
`
`
`
`Any other item of real evidence which may be relevant to
`determining the causes of the action or the damages alleged in
`the complaint.
`
`4
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`4 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`
`
`
`
`
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`
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`
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`5. If the answer to any of the preceding demands is in the affirmative:
`
`Identify each person who gave such assistance.
`
`Describe the type and amount of assistance given.
`
`State the dates on which such assistance given.
`
`6. Did any of the persons identified in any of the preceding demands
`submit any reports based upon the test examinations conducted?
`
`
`7. If any of the preceding demands are in the affirmative, state:
`
`
`
`
`
`
`
`
`
`a) description of each report that was made.
`
`b) The date that each report was made.
`
`c) Identify the person to whom each report was submitted.
`
`d) Identify the persons who have present custody of each report.
`
`e) Attach a copy of any reports identified in response to any of the
`preceding demands.
`
`
`PLEASE TAKE FURTHER NOTICE that all of the demands herein
`
`are continuing demands and if any of the above information changes after
`
`the date of this demand, it is to be furnished to the undersigned pursuant to
`
`these demands.
`
`
`
`
`
`5
`
`5 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`PLEASE TAKE FURTHER NOTICE, that upon your failure to respond
`
`to this demand within twenty (20) days, a motion will be made pursuant to
`
`CPLR §3101(d) for sanctions and/or to compel compliance with same.
`
`
`
`III. DEMAND FOR DISCLOSURE OF PARTY STATEMENTS
`
`
`
`PLEASE TAKE NOTICE, that pursuant to CPLR §§3101, 3101(e) and
`
`3120, you are required to serve upon the undersigned within twenty (20)
`
`days hereof the following:
`
`
`
`(a) All written statements of any party represented by the
`
`undersigned, or the agent(s) or employee(s) of any such party in the
`
`possession or control of the defendants or the attorneys for the plaintiff or
`
`any agent of the plaintiff or the attorneys for the plaintiff;
`
`(b) All records, memoranda, notes, transcripts of tape recordings,
`
`tape recordings, or other recorded communications of or by any party
`
`represented by the undersigned or any such party’s agent(s), servant(s) or
`
`employee(s) in the possession or control of the plaintiff or the attorneys for
`
`the plaintiff or any agent of the plaintiff or the attorneys for the plaintiff.
`
`
`
`
`
`6
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`6 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`This demand shall be deemed to continue during the pendency of this
`
`action. If any of the above items are subsequently obtained by plaintiff or
`
`plaintiff’s attorneys, they shall be forthwith served upon the undersigned. If
`
`none of the items mentioned in (a) or (b) are in the possession or control of
`
`plaintiff or plaintiff’s attorneys as of the date of the receipt of this notice
`
`please so state.
`
`
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`PLEASE TAKE FURTHER NOTICE, that in the event of your failure
`
`to comply with this Demand, the undersigned will move to preclude plaintiff
`
`from introducing into evidence and from otherwise using each statement
`
`requested in (a) and (b) not properly produced for any purpose whatsoever
`
`upon the trial of this action.
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`7
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`7 of 8
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`FILED: QUEENS COUNTY CLERK 11/13/2023 10:52 AM
`NYSCEF DOC. NO. 40
`
`INDEX NO. 719537/2023
`
`RECEIVED NYSCEF: 11/13/2023
`
`
`
`Dated:
`
`
`
`
`
`Whitestone, New York
`November 13, 2023
`
`Borchert & LaSpina, P.C.
`
`
`By:_/s/Robert W. Frommer________
`Robert W. Frommer, Esq.
`Attorneys for Defendant Mortgage Electronic
`Registration Systems, Inc.
`19-02 Whitestone Expressway, Suite 302
`Whitestone, New York 11357
`(718) 767-3333
`
`
`
`TO: Sheldon May & Associates, P.C.
`
`Ted Eric May, Esq.
`
`Attorneys for Plaintiff
`
`255 Merrick Road
`
`Rockville Centre, NY 11570
`
`
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`8
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`8 of 8
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