throbber
FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`Index No: 723915/2024
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`DIRECTED TO THIRD-
`PARTY PLAINTIFFS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`------------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`------------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC,
`
` Third-Party Plaintiffs,
`- against-
`
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`------------------------------------------------------------------------------X
`
`
`PLEASE TAKE NOTICE, that the Third-Party Defendant hereby demands that the Third-
`
`Party Plaintiff, serve on the undersigned, within twenty (20) days from the date of service hereof
`
`a Verified Bill of Particulars with respect to the following matters:
`
`l.
`
`State whether it is claimed that the party impleading or cross-claiming against the Third-
`
`Party Defendant is entitled to:
`
`a)
`b)
`c)
`
`Contribution
`Total indemnification
`Partial indemnification
`
`State whether the party seeking:
`
`a)
`
`
`
`Contribution claims, acts or omissions other than those claimed by Plaintiff,
`as the basis for contribution;
`
`
`2.
`
`
`
`1 of 49
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`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`3.
`
`
`4.
`
`b)
`
`
`c)
`
`Indemnity claims, acts or omissions other than those claimed by Plaintiff,
`as the basis for indemnity;
`
`If the answer to either a) or b) is yes--set forth separately and in detail those
`acts or omissions, other than those claimed by Plaintiff, which form the
`basis for a) contribution; or b) indemnity.
`
`Set forth separately and in detail as to each of the following enumerated subdivisions those
`
`exact acts or omissions by each defendant and Third-Party Defendant which constituted:
`
`a)
`b)
`c)
`d)
`e)
`f)
`g)
`h)
`i)
`j)
`k)
`
`Negligence
`Recklessness
`Carelessness
`Breach of duty
`Breach of obligation
`Breach of Statute
`Breach of express warranty
`Breach of implied warranty
`Breach of contract in fact
`Breach of contract implied in law
`Other culpable conduct
`
`Set forth separately and in detail as to each of the enumerated items in the immediately
`
`preceding demand those exact acts or omissions which cause the Defendant and Third-
`
`Party Defendant to be held jointly and severally liable for the alleged injuries and damages
`
`the Plaintiff was caused to sustain.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event of the Third-Party Plaintiff’s
`
`failure to comply with the foregoing demand within twenty days, the Third-Party Defendant will
`
`move to preclude the offering of any evidence as to the matters herein demanded.
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
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`
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`2 of 49
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`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
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`
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`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`Index No: 723915/2024
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`DIRECTED TO
`PLAINTIFF
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`------------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`------------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC,
`
` Third-Party Plaintiffs,
`- against-
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`------------------------------------------------------------------------------X
`
`
`PLEASE TAKE NOTICE that demand is hereby made that you serve a Verified Bill of
`
`Particulars upon the undersigned as to the following matters with respect to the cause of action of
`
`Plaintiff herein, within twenty days after the service of this Demand:
`
`1.
`
`1a.
`
`1b.
`
`2.
`
`3.
`
`The age, social security number, date of birth and residence of Plaintiff.
`
`State whether Plaintiff is known by any other names, and if so, state same.
`
`State Plaintiff's residence address(es) for the past five (5) years.
`
`The date and time of the occurrence complained of.
`
`The specific location of the occurrence, whether within or upon premises indicating
`
`the precise location thereof from a fixed point or place within or upon the aforesaid
`
`premises indicating;
`
`
`
`4 of 49
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`

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`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`a)
`
`If upon premises, the address thereof; and if there is no address, a
`
`description of the location thereof;
`
`
`
`b)
`
`If upon a stairway, the location thereof, the specific step involved and
`
`condition thereof;
`
`
`
`c)
`
`If upon a sidewalk or roadway, in front of what numbered premises, the
`
`distance from the nearest intersecting street, and the nearest curb or building line;
`
`
`
`d)
`
`If in a hallway, ballroom or open area, the exact location stating on what
`
`floor (counting the ground floor as the first floor), and whether Plaintiff was entering, was
`
`within or was leaving said area at the time of the occurrence.
`
`
`
`e)
`
`If in an apartment, designate the room or rooms where said occurrence is
`
`alleged to have occurred, specifically stating the place from a measured point where said
`
`incident is said to have occurred.
`
`4.
`
`Set forth whether Plaintiff was performing work pursuant to any contract or
`
`subcontract at the time of the alleged incident and, if so, identify the parties to the contract
`
`or subcontract and the nature of the work being performed.
`
`5.
`
`Set forth a detailed description of the work Plaintiff was performing at the time of
`
`the alleged incident.
`
`Set forth a detailed description of the accident and the manner in which it occurred.
`
`Identify the defect or condition causing the alleged occurrence.
`
`Whether the answering Third Party Defendant had actual and/or constructive
`
`6.
`
`7.
`
`8.
`
`notice:
`
`a)
`
`If such notice was actual, to whom, by whom, when and where same was
`
`given.
`
`5 of 49
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`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`b)
`
`If constructive notice, the length of time the condition existed.
`
`9.
`
`If it is claimed that negligent repairs were made, when, where and by which person
`
`and in what respects the repairs were negligently made.
`
`10.
`
`The specific statutes, ordinances, rules, regulations and laws claimed to have been
`
`violated by answering Third Party Defendant.
`
`11.
`
`Describe in detail what Plaintiff was doing a) immediately before she/he was
`
`allegedly injured: b) at the exact moment he was allegedly injured; and c) what she/he did
`
`immediately after she/he was allegedly injured.
`
`12.
`
`A statement of the acts and/or omissions constituting the negligence, carelessness
`
`and recklessness claimed by Plaintiff as to Third Party Defendant.
`
`13.
`
`Set forth by section and title, the statutes, regulations, rules, ordinances and any
`
`other laws with specificity as to any subparts and/or subsections that Plaintiff claim were
`
`violated by Third Party Defendant.
`
`14.
`
`Describe in detail the facts supporting Plaintiff's allegations that Third Party
`
`Defendant violated Sections, 200, 241(1), and 241(6) of the Labor Law of the State of New
`
`York and the Industrial Code of the State of New York.
`
`15.
`
`Set forth in detail the specific provisions with specificity as to any subparts and/or
`
`subsections of the Industrial Code of the State of New York allegedly violated by Third
`
`Party Defendant as to Plaintiff.
`
`16.
`
`Set forth with particularity the basis for the allegation that OSHA provides a basis
`
`for a private cause of action with specific reference to subparts and/or subsections
`
`purportedly violated.
`
`17.
`
`Describe in detail the nature, location and extent of all injuries claimed, including
`
`
`
`6 of 49
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`

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`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`those alleged to be permanent.
`
`18.
`
`Describe in detail any and all other complaints, injuries or conditions suffered by
`
`Plaintiff – prior to or subsequent to the alleged incident – to the same body parts or systems
`
`described in your response to Number 17 above.
`
`19.
`
`Set forth the length of time Plaintiff was confined to hospital(s) as a result of
`
`Plaintiff's alleged injuries and the names(s) and address(es) of said hospital(s).
`
`20.
`
`Set forth the length of time Plaintiff were confined to (a) bed; and (b) home, as a
`
`result of the alleged accident.
`
`21.
`
`Set forth the injuries sustained and conditions resulting therefrom; the injuries and
`
`conditions claimed to be permanent and the duration of those claimed not to be permanent.
`
`22.
`
`State the following information, whether or not a claim for lost income is being
`
`made:
`
`23.
`
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`f)
`
`the vocation of Plaintiff at the time of the occurrence;
`
`the name and address of the employer;
`
`the period of time lost from work, giving dates;
`
`the average weekly income at the time of occurrence; and
`
`the total past earnings claimed lost by reason of the occurrence.
`
`the total future lost earnings claimed.
`
`Set forth the total amounts claimed as special damages for charges insured for
`
` (a) physicians’ services;
`
` (b) hospital services;
`
` (c) surgical services;
`
` (d) nursing services;
`
`
`
`
`7 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
` (e) dental services;
`
` (f) ambulance services;
`
` (g) diagnostic services, including but not limited to x-ray films, CT scan films,
` EMGs, NMRs, EEGs, EKGs, and MRIs;
`
`(h) prescription drugs;
`
`(i) prosthetic devices;
`
`(j) loss of services;
`
`(k) loss of society; and
`
`(l) any other special damages (specify).
`
`24.
`
`If any of the injuries claimed by the Plaintiff are aggravations of pre-existing
`
`illnesses or injuries, then set forth an itemized and detailed statement regarding the
`
`following data:
`
`a)
`
`The extent of the aggravation thereof alleged to have been caused by this
`
`incident.
`
`b)
`
`A statement setting forth in detail any information regarding any such
`
`illnesses or injuries which may have been incurred by the Plaintiff during a ten year
`
`period previous to the incident in question.
`
`c)
`
`A statement setting forth in detail the treatment for any such prior injury or
`
`illness.
`
`d)
`
`An itemized and detailed statement setting forth any illnesses or injuries
`
`which may have been incurred by the Plaintiff subsequent to the accident in
`
`question, together with a description of the treatment therefor and the progress to
`
`date.
`
`PLEASE TAKE NOTICE that all demands herein are continuing demands and the
`
`8 of 49
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`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`undersigned will object to the introduction into evidence of any item or testimony for which there
`
`has been no compliance.
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`
`
`
`
`
`9 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`Index No: 723915/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`------------------------------------------------------------------------X
`LUIS A. AULLA PACA,,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`------------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC
` Third-Party Plaintiffs,
`- against-
`
`NOTICE TO TAKE
`DEPOSITION UPON
`ORAL EXAMINATION
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`------------------------------------------------------------------------------X
`
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
`
`the testimony, upon oral examination of PLAINTIFF and THIRD-PARTY PLAINTIFF, as
`
`adverse parties will be taken before a Notary Public who is not an attorney, or employee of an
`
`attorney, for any party or prospective party herein and is not a person who would be disqualified
`
`to act as a juror because of interest or because of consanguinity or affinity to any party herein, at:
`
`MOLOD SPITZ & DeSANTIS, P.C.
`
`1430 Broadway, 21st Floor
`
`New York, New York 10018
`
`on June 2, 2025 at 10:00 o'clock in the forenoon of that day with respect to evidence material
`
`and necessary in the prosecution/defense of this action:
`
`
`
`10 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`That the said person to be examined is required to produce at such examination the
`
`following:
`
`All books, documents and papers relative to the within occurrence.
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`
`
`11 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`--------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`-against-
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No: 723915/2024
`
`
`
`
`NOTICE FOR
`DISCOVERY
`AND INSPECTION
`DIRECTED TO
`PLAINTIFF
`AND THIRD-PARTY
`PLAINTIFF
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`--------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC,
`
` Third-Party Plaintiffs,
`- against-
`
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`--------------------------------------------------------------------------X
`
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
`
`the testimony, upon oral examination of PLAINTIFF and THIRD-PARTY PLAINTIFF, as
`
`adverse parties will be taken before a Notary Public who is not an attorney, or employee of an
`
`attorney, for any party or prospective party herein and is not a person who would be disqualified
`
`to act as a juror because of interest or because of consanguinity or affinity to any party herein, at:
`
`MOLOD SPITZ & DeSANTIS, P.C.
`
`1430 Broadway, 21st Floor
`
`New York, New York 10018
`
`
`
`12 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`on April 9, 2025, at 10:00 o'clock in the forenoon of that day with respect to evidence material
`
`and necessary in the prosecution/defense of this action:
`
`That the said person to be examined is required to produce at such examination the
`
`following:
`
`All books, documents and papers relative to the within occurrence.
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`13 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Index No: 723915/2024
`
`DEMAND FOR COPIES
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`--------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`--------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC
`
` Third-Party Plaintiffs,
`- against-
`
`
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`--------------------------------------------------------------------------X
`
`PLEASE TAKE NOTICE, that the Third-Party Plaintiff herein, pursuant to Section 3101
`
`et seq., and Rule 3120, CPLR, is required to produce and allow discovery, inspection, and copying
`
`to be made by the answering Third-Party Defendant and its attorneys of the following items,
`
`writings and objects maintained, controlled or supervised by the Third-Party Plaintiff, its agents,
`
`servants and/or employees. In lieu of strict compliance with the terms and conditions of this
`
`Notice, the undersigned will accept clearly legible photocopies of the said items if received by the
`
`undersigned five days prior to the return date, together with a letter from Third-Party Plaintiff’s
`
`attorneys advising as to the completeness of the items provided.
`
`
`
`
`
`
`
`
`
`14 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`DISCOVERY AT OFFICE OF:
`
`MOLOD SPITZ & DeSANTIS, P.C.
`
`1430 Broadway, 21st Floor
`
`New York, NY 10018
`
`
`at two o'clock in the afternoon on April 9, 2025.
`
`ITEMS TO BE PRODUCED RELATING TO THE ACCIDENT/INCIDENT AS
`COMPLAINED HEREIN:
`
`a)
`
`b)
`
`c)
`
`d)
`
`Copies of all pleadings served in this action.
`
`Plaintiff's Verified Bill of Particulars
`
`Examinations Before Trial heretofore conducted herein.
`
`If no Examinations Before Trial have heretofore been conducted, then copies of all
`notices of Examinations Before Trial heretofore served by the Plaintiff(s) and/or
`Defendant(s).
`
`All medical reports submitted by the Plaintiff.
`
`All medical reports of any physical examinations conducted of the Plaintiff on behalf of
`any Defendants,
`
`Any written statements taken by or on behalf of the impleading or cross-claiming party of
`this answering party, his/her/its/their employee(s) or former employee(s).
`
`Copies of all liability insurance policies including excess insurance maintained by third-
`party plaintiff.
`
`The name and address of any expert third-party plaintiff expects to call as an expert
`witness at the trial of this matter:
`
`State in reasonable detail the subject matter on which each expert is expected to testify;
`
`State the substance of the fact and opinions on which each expert is expected to testify;
`
`Set forth the qualifications of each expert witness and
`
`Set forth a summary on the grounds for each experts' opinion.
`
`15 of 49
`
`
`e)
`
`f)
`
`
`g)
`
`
`h)
`
`
`i)
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`j)
`
`
`k)
`
`Copies of all preliminary conference orders or Notice for Discovery and Inspection and
`copies of all things, papers and responses supplied or otherwise exchanged by
`defendant/third-party plaintiff and plaintiff.
`
`Copies of the Note of Issue, Jury Demands, Statement of Readiness, and all other papers
`served and filed in connection with placing this case on the trial calendar of the Court.
`
`Copies of all notices to admit and responses served in this action.
`
`
`l)
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`16 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`--------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`--------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC
` Third-Party Plaintiffs,
`- against-
`
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`--------------------------------------------------------------------------X
`
`
`
`
`Index No: 723915/2024
`
`DEMAND FOR
`PRIOR LAWSUIT
`INFORMATION
`
`PLEASE TAKE NOTICE, that pursuant to Articles 30 and 31 of the CPLR, the answering
`
`Third-Party Defendant demands that the Plaintiff provide said Defendant, within twenty (20) days,
`
`with the following information:
`
`a) Identify the case name, index number and venue of any prior lawsuit in which plaintiff
`claimed personal injuries.
`
`
`b) Provide all pleadings, discovery and deposition transcripts and/or other testimony from
`any prior lawsuit in which plaintiff claimed personal injuries.
`
`
`c) Provide a duly executed and properly addressed authorization permitting this firm to
`obtain all non-privileged portions of the legal file related to lawsuits identified in
`response to section (a) above.
`
`
`
`PLEASE TAKE NOTICE that all demands herein are continuing demands, and the
`undersigned will object to the introduction into evidence of any item or testimony for which there
`has been no compliance
`
`
`
`
`17 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`Dated: New York, New York
`
`March 4, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MOLOD SPITZ & DeSANTIS, P.C.
`Attorneys for Third-Party Defendant
`BUILDORA CORP.
`1430 Broadway, 21st Floor
`New York, NY 10018
`Tel: (212) 869-3200
`Fax: (212) 869-4242
`File No. FTG-737
`Email: sdesantis@molodspitz.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`Jacob Oresky, Esq.
`ORESKY & ASSOCIATES, PLLC
`Attorney for Plaintiff
`149 East 149th Street
`Bronx, NY 10451
`
`William C. Lawlor, Esq.
`CIPRIANI & WERNER, P.C.
`Attorney for Defendant/Third-Party Plaintiff
`CP VI CROWN HEIGHTS, LLC, and
`CARMEL CONSTRUCTION EAST, LLC
`485(E) Route 1 South, Bldg. E, Suite 120
`Iselin, NJ 08830
`
`Andrew L. Klauber, Esq.
`MALAPERO PRISCO & KLAUBER LLP
`Attorney for Defendant
`GOTHAM DRYWALL INC.
`271 Madison Avenue, 17th Floor
`New York, NY 10016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`18 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Index No: 723915/2024
`
`DEMAND FOR
`AUTHORIZATIONS,
`FILING AND POST
`OFFICE INFORMATION
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`---------------------------------------------------------------------------X
`LUIS A. AULLA PACA,
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CP VI CROWN HEIGHTS, LLC and GOTHAM DRYWALL
`INC., and CARMEL CONSTRUCTION EAST, LLC,
`
` Defendants.
`---------------------------------------------------------------------------X
`CP VI CROWN HEIGHTS, LLC,
`
` Third-Party Plaintiffs,
`- against-
`
`
`
`BUILDORA CORP.,
`
` Third-Party Defendant.
`---------------------------------------------------------------------------X
`
`PLEASE TAKE NOTICE, that the answering Third-Party Defendant herein, by its
`
`attorneys, MOLOD SPITZ & DeSANTIS, P.C., demands that plaintiff delivers to them the
`
`following duly executed HIPAA complaint authorizations from ten years prior to the accident
`
`through and including the conclusion of the litigation to obtain:
`
`1)
`Plaintiff's hospital(s) records in which the Plaintiff is or was confined due to the
` accident and/or incident in question; including but not limited to X-rays and diagnostic tests.
`
`2)
`All billing records from any hospital in which the Plaintiff was treated.
`3)
`Plaintiff's medical records from all treating physicians with reference to the
` accident and/or incident.
`
`4)
`Billing records from each treating physician regardless of whether these were no-
`fault bills, liens, personal payments or other collateral source payments.
`
`
`
`19 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`5)
`Plaintiff's medical records from all treating physicians with reference to plaintiff's
`claims of pre-existing injuries and/or condition.
`
`All health providers and entities that provided treatment, observation, and/or
`6)
`therapy to the plaintiff in the ten years prior to the accident and at any time after the accident
`inclusive of all billing records. This is a continuing demand.
`
`7) Unrestricted duly executed HIPAA compliant authorization to obtain plaintiff’s
`complete medical records from their primary care physicians for 10 years prior to the date of
`accident and continuing.
`8) Unrestricted duly executed HIPAA compliant authorization to obtain copies of
`
`All Intake records from their primary care physicians for 10 years prior to the alleged accident and
`
`continuing
`
`Plaintiff's pharmaceutical records from 2 years prior to the date of accident and
`9)
`continuing to date.
`
`10)
`
`The Certified Ambulance Call Report including billing records.
`
`11) Duplicate copies of the plaintiff’s tax returns for the 5 years prior to the incident,
`the year of the incident and continuing to date. Form 4506 is no longer honored by the IRS.
`
`
`information.
`
`Where applicable, we will accept redactions of spouse or other inapplicable
`
`12) Duplicate copies of the plaintiff ’s W-2 forms and/or 1099’s for the 5 years prior
`to the incident, the year of the incident and continuing to date.
`
`13) Duly executed authorizations for the employment records from plaintiff’s employer
`
`for ten years prior, the year of and two years subsequent to the accident, including but not limited
`
`
`
`
`
`
`
`a)
`
`b)
`
`to:
`
`
`
`Employment - wage income and personnel records;
`
`Application(s) for employment; transfers; promotions; wage adjustments;
`
`20 of 49
`
`

`

`FILED: QUEENS COUNTY CLERK 03/04/2025 12:48 PM
`NYSCEF DOC. NO. 22
`
`
`INDEX NO. 723915/2024
`
`RECEIVED NYSCEF: 03/04/2025
`
`
`
`
`
`
`
`
`
`
`
`14)
`
`15)
`
`16)
`applicable.
`
`c)
`
`Documents relating to discipline, warnings, reprimands, suspensions or
`
`terminations;
`
`Documents relating to training and education;
`
`Performance reviews and job evaluations;
`
`All attendance and payroll records; and
`
`Any and all documents relating to any physical or mental examinations,
`
`d)
`
`e)
`
`f)
`
`g)
`
`disability or workers' compensation claims.
`
`Plaintiff's complete Medicaid records.
`
`The complete Workers' Compensation Board's file of the plaintiff, if applicable.
`
`The complete Workers' Compensation CARRIER's file of the plaintiff, if
`
`17) Authenticated copies of plaintiff's income tax returns for five years prior to the
`incident, the year of the incident and continuing to date.
`
`PLEASE TAKE NOTICE that the answering Third-Party Defendant demands that you
`serve upon the undersigned a verified statement setting forth the Post Office address and residence
`of the Plaintiff in sufficient detail to permit ready location pursuant to CPLR Rule 3118.
`
`PLEASE TAKE FURTHER NOTICE that the answering Third-Party Defendant demands
`a list of the names and addresses of all persons who have appeared in this action and the names
`and addresses of their attorneys.
`
`PLEASE TAKE NOTICE that all demands herein are continuing demands, and the
`undersigned will object to the introduction into evidence of any item or testimony for

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