SUPREME COURT OF THE STATE OF NRE YORK COUNTY OF NEW YORK
LUXOR MOTOR CARS, INC., and
TEHCO REALTY DEVELOPMENT CORP.
Plaintiffs, - against -
ATLANTIS GRC REALTY LLC, QUEENS BLVD PETROLEUM LLC, GETTY PROPERTIES CORP., LEEMILT’S PETROLEUM, INC., ATLANTIS
MANAGEMENT GROUP LLC, AMG TEMPORARY, INC., BRIDGEPOINTE GROUP, INC., ABC CORP being a fictitious designation for a business entity that has not yet been identified, XYZ Corp. being a fictitious designation for a business entity that has not yet been identified, and JOHN DOE 1-2 being fictitious
designations for two defendants who have not yet been identified,
Defendants.
Index No. 154770/2015
PLAINITFF’S SECOND NOTICE FOR DISCOVERY AND INSPECTION
PLEASE TAKE NOTICE that, pursuant to Rules 3101 and 3120 of the New York Civil
Practice Law and Rules, Luxor Motor Cars, Inc. (“Luxor”) and Tehco Realty Development Corp.
(“Tehco”), (collectively “Plaintiffs”), by their counsel Marion & Allen, P.C., hereby request and demand that the defendants upon whom this is propounded, to wit: Atlantis GRC Realty, LLC, Queens Blvs Petroleum LLC, Getty Properties Corp., Leemilt’s Petroleum, Inc., Atlantis Management Group LLC, AMG Temporary, Inc. plaintiff Alskom Realty, LLC (collectively the
“Responding Defendants”), produce and permit disclosures, discovery, inspection and copying by Plaintiffs, or others acting on their behalf, of the following described documents and things in the possession, custody or control of Plaintiff or its attorneys TO THE EXTENT NOT PREVIOUSLY SERVED UPON LAINTIFF IN THIS ACTION. Said documents are to be produced at the offices of Marion & Allen, P.C., 488 Madison Avenue, Suite 1120, New York,
New York 10022, twenty days from the date of service hereof or such date as specified in the Preliminary Conference Order in this action.
DEFINITIONS AND INSTRUCTIONS
1. “Document(s)” means the originals (or any copy or print-out when originals are not available) and any non-identical copies (whether different from the originals because of notes made on such copies or otherwise), of any written, printed, recorded, or graphic matter in the broadest sense of the term allowable under CPLR §3120, including writings of every kind and description, whether inscribed by mechanical, electronic, microfilm, microfiche, photographic or other means, phonic (such as tape recordings) or visual reproduction of oral statements, conversations or events, and including, but not limited to, writings, electronically stored information, books, records, articles, contracts, correspondence, agreements, teletype messages, facsimiles, telexes, telegrams, affidavits, memoranda, letters, printed copies of e-mails, diaries, drafts, notes, reports, position papers, telephone messages or telephone logs, calendar or desktop pads, scrapbooks, notebooks, commentaries, periodicals, brochures, postcards, compilations, lists, legal analyses, schedules, studies, minutes of meetings, inter-office and intra-office communications, accounts, tabulations, phone records, photographs, declarations, tallies, studies, analyses, charts, maps, diagrams, drawings, plans, pictures, computer runs, written statements, witnesses’ statements, summaries of computer runs, and any translations of the foregoing.
2. “Communicate” or “communication” means and includes every manner or means of disclosure, transfer, transmittal, or exchange and every disclosure, transfer, transmittal, or exchange of information (in the form of facts, ideas, inquiries or otherwise) whether orally or by document, or whether face-to-face, by telephone, telecopier, mail, written correspondence,
or otherwise.
3. “Concerning” means in any way referring to, related to, embodying, reflecting, mentioning, requesting, discussing, describing, evidencing, comprising, pertaining to or having any logical or factual connection whatsoever, whether in whole or in part.
4. “Requests” means each and every document request set forth herein.
5. “Complaint” means the Complaint filed by Plaintiff in this action.
6. “Refer or relate,” means to include, constitute, mention, define, explain or pertain to in any way, expressly or impliedly, to the matter called for.
7. “Person” means any natural person or any business, legal or governmental entity or other form of association, such as partnership, joint venture and/or co-tenancy.
INSTRUCTIONS
1. The following rules of construction apply to all discovery requests, definitions, and instructions:
(a) The terms “all” and “each” shall be construed as all and each.
(b) The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all matter and responses that might otherwise be construed to be outside of its scope.
(c) The use of the singular form of any word includes the plural and vice versa.
2. Defendants are required to produce all requested documents that are in her possession, custody or control. Defendants’ search should include, but not be limited to, all desk files, personal files, chronological (“chron”) files, personal notes, business diaries and calendars,
records of meetings and telephone calls, and e-mail and documents stored in any computer memory or retrievable by a computer.
3. If Responding Defendants claim that any document(s) within the scope of these Requests is privileged, then, on a separate schedule, and as to each document, state: (a) the author of the document; (b) the date of the document; (c) the recipient of intended recipient of the document or addressee of the document; (d) all other persons to whom the document was distributed; (e) the privilege asserted as the reason for the non-production of the document; (f) the number of pages in
the document; and (g) a description of the general subject matter of the document.
4. Notwithstanding the assertion of any objection, any document claimed to be privileged or otherwise protected from discovery that contains non-privileged material should be disclosed, with the purportedly privileged section redacted. The redacted portion should be listed on the privilege log provided to Plaintiffs, and should be clearly marked as REDACTED on each such document. DEMAND IS HEREBY MADE FOR A PRIVILEGE LOG.
5. If any document responsive to these Requests was maintained or kept in a file folder, binder or other storage device that was labeled (or otherwise bore any information), produce the original or a copy of such label (and such information), in a way that Defendant can determine the content of the label (or other information) on the file folder, binder or other storage device in which each such responsive document was maintained or kept.
6. If a document was prepared in several copies or if additional copies were thereafter made, and if any such copies were not identical or are no longer identical by any reason of subsequent notation or modification of any kind whatsoever, including, without limitation, notations on the front or back of the document, all such non-identical copies must be produced.
7. If Responding Defendants are aware of any document responsive to these Requests which is not in Responding Defendants’ possession, custody or control, on a separate schedule set forth:
a. The nature of such document;
b. The date of such document;
c. The author of such document;
d. All intended recipients of such document; and
e. The name and address of the entity in possession, custody or control of the document.
8. Documents shall be produced in the order in which they appear in their original files or other storage areas, and shall not be shuffled or otherwise rearranged.
9. Except when express reference is made to another paragraph, each paragraph herein should be construed independently and not by reference to any other paragraph herein for purposes of limitation.
10. These Requests shall be deemed to be continuing in so as to require supplemental responses and production if Responding Defendants obtain information or documents or discover documents covered by these Requests subsequent to service of a response.
DOCUMENTS REQUESTED
1. All contracts and agreements to which two or more of the defendants in this action were parties.
2. All documents and communications concerning the allegations of the Complaint.
3. All documents and communications the Responding Defendants have been asked to identify in Interrogatories that have been served by any party in this action.
4. All documents and communications concerning construction, demolition and/or repair work (the “Work”) being conducted on or adjacent to 31-05 Queens Boulevard, Queens, New York (the “Adjacent Property”) between September 1, 2015 and December 31, 2015.
5. Each insurance agreement that may cover the Work and/or the Adjacent Property between September 1, 2015 and the present date (collectively the “Insurance Agreements”), complete with all exhibits and schedules.
6. Each document that identifies the workers working on or adjacent to the Adjacent Property from October 1, 2015 through October 31, 2015.
7. Each document that identifies the workers whose work touched 43-18 Van Dam Street, Long Island City (the “Tehco Property”) from October 10, 2015 through October 20, 2015.
8. Each photograph of the Tehco Property taken on or after October 1, 2015 by or on behalf of Defendants.
9. All contracts and agreements, signed or unsigned to which plaintiff and any of the defendants in this action were parties.
10. All reports to insurance companies regarding any of the events set forth in the complaint.
11. All documents concerning claims and reports to insurance companies insuring Defendants created and/or transmitted during the period from October 1, 2015 through January 31, 2016.
12. All emails and attachments sent within any defendant company regarding the events set forth in the complaint.
13. All emails and attachments sent from any defendant to any other defendant regarding the events set forth in the complaint.
14. All documents concerning observations, evaluations, investigations and records regarding the condition of the Tehco Property made during the period from October 1, 2015 through the present.
15. All documents concerning repairs, estimates, or remediation of damage to the Tehco Property made during the period from October 1, 2015 through the present.
16. All documents and communications concerning offers of payment to Plaintiff from October 1, 2015 through the present.
17. All documents and communications that support the Responding Defendants’
Second Affirmative Defense.
18. All documents and communications that support the Responding Defendants’
Third Affirmative Defense.
19. All documents and communications that support the Responding Defendants’
Cross Claim.
20. The reports of every expert who reviewed any aspect of this case on behalf of and Defendant(s) or their attorneys.
21. All documents and communications concerning the alleged damages in this action.
22. All documents and communications that are not being produced in response to the above requests regarding 31-05 Queens Boulevard, Queens, New York, including, without limitation, the deed, leases, subleases, contracts to do demolition work, contracts to do construction work, and architects drawings.
23. All documents and communications that are not being produced in response to the above requests that would identify individual persons that were engaged in construction, demolition and/or repair work (the “Work”) being conducted on or adjacent to 31-05 Queens Boulevard, Queens, New York (the “Adjacent Property”) on October 13, 2014.
24. All documents and communications that are not being produced in response to the above requests that would identify individual persons that were engaged in Work being conducted on or adjacent to the Adjacent Property on October 14, 2014 at the behest of any defendant or a subcontractor of any defendant.
25. All documents and communications that are not being produced in response to the above requests that would identify individual persons that were engaged in Work being conducted on or adjacent to the Adjacent Property on October 15, 2014 at the behest of any defendant or a subcontractor of any defendant.
26. All documents and communications that are not being produced in response to the above requests that would identify individual persons that were engaged in Work being conducted on or adjacent to the Adjacent Property on October 16, 2014 at the behest of any defendant or a subcontractor of any defendant.
27. All documents and communications that are not being produced in response to the above requests that would identify any contractor or subcontractor engaged in Work being conducted on or adjacent to the Adjacent Property on October 13, 2014 at the behest of any defendant.
28. All documents and communications that are not being produced in response to the above requests that would identify any contractor or subcontractor engaged in Work being
conducted on or adjacent to the Adjacent Property on October 14, 2014 at the behest of any defendant.
29. All documents and communications that are not being produced in response to the above requests that would identify any contractor or subcontractor engaged in Work being conducted on or adjacent to the Adjacent Property on October 15, 2014 at the behest of any defendant.
30. All documents and communications that are not being produced in response to the above requests that would identify any contractor or subcontractor engaged in Work being conducted on or adjacent to the Adjacent Property on October 16, 2014 at the behest of any defendant.
31. All permit applications concerning the Work being conducted on or adjacent to the Adjacent Property that are not being produced in response to the other requests herein.
32. All permits concerning the Work being conducted on or adjacent to the Adjacent Property that are not being produced in response to the other requests herein.
33. All Documents that identify all supervisors and foremen of the Work being conducted on or adjacent to the Adjacent Property.
34. All Documents that identify individual persons engaged in the Work who touched 43-18 Van Dam Street, Long Island City (the “Tehco Property”) from October 10, 2015 through October 20, 2015.
35. All Documents that identify any engineer who evaluated damage to the Tehco Property for or on behalf of any defendant.
36. All Documents that identify any architect who evaluated damage to the Tehco Property for or on behalf of any defendant.
37. All Documents that identify any person other than those identified in response to interrogatories 35 and 36 who evaluated damage to the Tehco Property for or on behalf of any defendant.
38. Every written opinion, assessment, evaluation or report by anyone who evaluated damage to the Tehco Property for or on behalf of any defendant that are not being produced in response to the other requests herein.
39. All Documents that identify any engineer involved in designing remediation of damage to the Tehco Property for or on behalf of any defendant.
40. All Documents that identify any architect involved in designing remediation of damage to the Tehco Property for or on behalf of any defendant.
41. All Documents that identify any person other than those identified in response to interrogatories 39 and 40 involved in designing remediation of damage to the Tehco Property for or on behalf of any defendant.
42. All Documents that identify any engineer involved in the installation of any remediation of damage to the Tehco Property for or on behalf of any defendant.
43. All Documents that identify any architect involved in the installation of any remediation of damage to the Tehco Property for or on behalf of any defendant.
44. All Documents that identify any person other than those identified in response to interrogatories 20 and 21 involved in the installation of any remediation of damage to the Tehco Property for or on behalf of any defendant.
45. All documents concerning insurance claims concerning damage to the Tehco Property. that are not being produced in response to the above requests
46. Each communication between Defendants regarding damage to the Tehco Property that are not being produced in response to the above requests.
47. All communications between Defendants regarding this action that are not being produced in response to the above requests.
48. All documents and communications that are not being produced in response to the above requests regarding the BP gas station adjacent to Plaintiffs’ Property, including, without limitations, management contracts, licenses, permits, construction plans and permit applications.
49. All statements taken of any witness which relate to any of the alleged facts set forth in the complaint.
50. Any and all Documents which contain an admission by any party to this action.
51. All documents and communications concerning this matter which Plaintiff will mention, introduce or rely upon at trial.
Dated: New York, New York November 4, 2016
Attorneys for Plaintiffs
