`NYSCEF DOC. NO. 58
`
`INDEX NO. 611876/2018
`
`RECEIVED NYSCEF: 07/26/2018
`
`OF THE STATE
`SUPREME
`COURT
`OF SUFFOLK
`COUNTY
`-------------------------------------------------------------X
`JEROME
`and ELLEN
`NIEMCZYK
`NIEMCZYK,
`
`OF NEW YORK
`
`NOTICE
`
`TO PRESERVE
`EVIDENCE
`
`Index
`
`No.:
`
`611876/2018
`
`:
`
`: :
`
`:
`
`: :
`
`: :
`
`Plaintiffs,
`
`- against
`
`-
`
`FORD MOTOR COMPANY,
`
`et al.,
`
`------------------------------------------------------------X
`SIR/MADAM:
`
`Defendant(s).
`
`PLEASE
`
`TAKE
`
`NOTICE,
`
`that
`
`pursuant
`
`to CPLR
`
`3120
`
`and
`
`Section
`
`VIII
`
`of
`
`the Case
`
`Management
`
`Order
`
`(CMO),
`
`Defendant
`
`Ford
`
`Motor
`
`Company
`
`(" Ford"
`("Ford")
`
`hereby
`
`requests
`
`that
`
`all
`
`evidence
`
`relating
`
`to
`
`plaintiff's
`
`injury
`
`allegedly
`
`caused
`
`products
`
`manufactured
`
`by Ford,
`
`including
`
`but
`
`not
`
`limited
`
`by
`
`to
`
`exposure
`
`to
`
`asbestos
`
`containing
`
`any
`
`tumor,
`
`lung
`
`and
`
`pleural
`
`tissue
`
`which
`
`may
`
`become
`
`available,
`
`be preserved,
`
`and
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE
`
`that
`
`immediate
`
`notice
`
`be given
`
`to Ford
`
`when
`
`it
`
`....
`
`such
`
`become
`
`is anticipated
`
`that
`
`tissue
`
`may
`
`available;
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE
`
`that
`
`Ford
`
`hereby
`
`demands
`
`that
`
`it
`
`be
`
`notified
`
`immediately
`
`of
`
`availability
`
`of
`
`plaintiff's
`
`tumor,
`
`lung
`
`and
`
`pleural
`
`tissue
`
`through
`
`any means,
`
`including
`
`performance
`
`of
`
`r a lung-related
`
`procedure,
`
`biopsy,
`
`death
`
`and/or
`
`any
`
`autopsy,
`
`and
`
`further
`
`that
`
`any
`
`such
`
`tissue
`
`be preserved;
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE
`
`that
`
`Ford
`
`demands
`
`this
`
`preservation
`
`of
`
`tissue
`
`so
`
`that
`
`the
`
`nature
`
`and
`
`amount
`
`of
`
`asbestos
`
`fibers
`
`and
`
`asbestos
`
`bodies
`
`within
`
`the
`
`lungs,
`
`including
`
`parenchyma,
`
`pleura,
`
`and
`
`tumor
`
`of
`
`the plaintiff
`
`may
`
`be evaluated;
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE,
`
`that
`
`this
`
`is to be deemed
`
`a continuing
`
`demand;
`
`(02203119.DOCX }
`635)26v
`
`1 of 2
`
`
`
`FILED: SUFFOLK COUNTY CLERK 07/26/2018 03:28 PM
`NYSCEF DOC. NO. 58
`
`INDEX NO. 611876/2018
`
`RECEIVED NYSCEF: 07/26/2018
`
`PLEASE
`
`TAKE
`
`FURTHER
`
`NOTICE,
`
`that
`
`failure
`
`to
`
`provide
`
`the
`
`aforesaid
`
`information,
`
`may
`
`result
`
`in a request
`
`for
`
`sanctions,
`
`including
`
`but
`
`not
`
`limited
`
`to a motion
`
`to strike
`
`plaintiff's
`
`pleadings,
`
`a request
`
`for
`
`an adverse
`
`inference
`
`charge
`
`and
`
`request
`
`of preclusion
`
`pursuant
`
`to the CPLR or any
`
`relevant
`
`statutory
`
`or case
`
`law.
`
`Dated:
`
`New York
`New York,
`2018
`25,
`July
`
`Yours,
`
`etc,
`
`/,/,
`(gp/j„F
`
`)M)
`/
`
`~~.z
`
`FEINSTEIN
`
`&
`
`E. Tracey,
`Esq.
`RAPPAPORT
`LLP
`
`Deirdre
`BY:
`AARONSON
`DEUTSCH,
`Counsel
`for Defendant
`FORD MOTOR COMPANY
`& P.O.
`Office
`Address
`600
`Third
`Avenue
`NY
`New York,
`212-593-6700
`
`10016
`
`To:
`
`WEITZ
`Counsel
`
`& LUXENBERG,
`for Plaintiff
`
`P.C.
`
`PLEASE
`
`SEE ATTACHED
`
`RIDER
`
`{02203119.DOCX 1
`
`635i26v635i26v
`
`2 of 2
`
`
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