Preview
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____,..__________ ________________________..................
X
JOYCE PETERS, IndeX No. 160080/2016
Plaintiff,
-against- DEMAND FOR
VERIFIED BILL OF
CONSOLIDATED EDISON COMPANY OF NEW PARTICULARS AS TO
YORK, INC., SECOND-THIRD
PARTY PLAINTIFF
Defendants.
----------------- ---------------x
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Third-Party Plaintiff,
-against-
MARKWOOD MANAGEMENT CO., INC. and
SALON REALTY CORP.,
Third-Party Defendants.
---_________ .,____... ----------X
MARKWOOD MANAGEMENT CO., INC. and
SALON REALTY CORP.,
Second Third-Party Plaintiffs,
-against-
56 EAST FRESHBITES LLC d/b/a FRESHBITES,
Second Third-Party Defendant.
x
PLEASE TAKE NOTICE, that the second third-party defendant hereby demands
that the third-party defendant/second third-party plaintiff serve on the undersigned, within
thirty (30) days from the date of service hereof, a Verified Billof Particulars with respect
to the following matters:
1
1 of 4
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019
1. Set forth the location of the occurrence referred to in the second third-party
complaint with sufficient detail to enable third-party defendant to identify the same,
including the address and street number of the location, if within a building, give the
number of the floor level and the approximate distance from two or more fixed and
identified points.
2. Set forth in detail the alleged culpable conduct of the third-party defendant
and for each act or omission identified, state:
a.) the date of the act;
b.) the location of the act;
c.) who committed the act;
d.) all witnesses to the act; and,
"a.)" "d.)"
e.) all documents concerning, relating or referring to through above.
3. Ifyou contend there is a contract/agreement (the "Agreement") between the
parties, set forth and identify:
a.) the title of the Agreement, including any form numbers, etc.;
b.) the date the Agreement was signed by the third-party defendant(s)
and the name of the person that signed it;
c.) the date the Agreement was signed by the third-party plaintiffs and
the name of the person that signed it;
the and within the Agreement which the third-
d.) Article(s) paragraph(s)
party plaintiff contends as obligating the third-party defendant to defend and
indemnify the third-party plaintiffs in the above matter; and,
4. If you contend that third-party defendant breached its Agreement with the
2
2 of 4
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019
third party plaintiff, and state:
a.) the Agreement that was allegedly breached;
b.) the exact provisions in the Agreement that were allegedly breached;
c.) when the alleged breach occurred;
d.) whether third-party plaintiffs notified the third-party defendant of the
alleged breach, and ifso, how;
e.) when and how the third-party plaintiff requested that third-party
defendant's general liabilityinsurer defend and indemnify third-party plaintiff
in the above matter; and,
"a.)" "e.)"
f.) all documents coñcerñiñg, relating or referring to through
above.
5. Set forth the amount of fees and expenses (ifany) that third-party plaintiff is
seeking from third-party defendant.
6. State whether itis claimed that second third-party defendant had notice of
the condition complained of and, if so, state whether actual or constructive notice is
claimed; ifconstructive ñotice is claimed, state for how long second third-party plaintiff
claims the condition existed before the alleged incident; ifactual notice is claimed, state
by whom and to whom such notice was allegedly given and the place and time itwas
given, and whether oral or written and, if written, set forth a copy thereof. Identify all
documents in support of your contentions herein.
PLEASE TAKE NOTICE, that upon the failure of the third-party defendant/second
third-party plaintiff to serve a Verified Bill of Particulars within the time specified, the
second third-party defendant will move for an Order of Preclusion.
3
3 of 4
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019
Dated: Elmsford, New York
January 28, 2019
Yours, etc.,
MIRANDA SLONE SKLARIN VERVENIOTIS
LLP
'
By: Richard S. sklf rin
Attorneys for Second Third-Party Defendant
56 EAST FRESHBITES LLC d/b/a
FRESHBITES
570 Taxter Road, Suite 561
Elmsford, New York 10523
(914) 345-6510
Our File No.: 18-422W
TO: KOWALSKI & DEVITO
Heidi M. Weiss, Esq.
Attorneys for Third-Party Defendants/Second
Third-Party Plaintiffs
MARKWOOD MANAGEMENT CO., INC.,
and SALON REALTY CORP.
80 Pine Street, Suite 300
New York, New York 10005
(718) 250-1100
Your File No.: NYNY-32862
THE ELBERT LAW FIRM
Attorneys for Plaintiff
JOYCE PETERS
560 Broadhollow Road, Suite 303
Melville, New York 11747
NADINE RIVELLESE, ESQ.
Attorneys for Defendant/Third-Party Plaintiff
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC
4 Irving Place, Room 1800
New York, New York 10003
4
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____,..__________ ________________________.................. X JOYCE PETERS, IndeX No. 160080/2016 Plaintiff, -against- DEMAND FOR VERIFIED BILL OF CONSOLIDATED EDISON COMPANY OF NEW PARTICULARS AS TO YORK, INC., SECOND-THIRD PARTY PLAINTIFF Defendants. ----------------- ---------------x CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, -against- MARKWOOD MANAGEMENT CO., INC. and SALON REALTY CORP., Third-Party Defendants. ---_________ .,____... ----------X MARKWOOD MANAGEMENT CO., INC. and SALON REALTY CORP., Second Third-Party Plaintiffs, -against- 56 EAST FRESHBITES LLC d/b/a FRESHBITES, Second Third-Party Defendant. x PLEASE TAKE NOTICE, that the second third-party defendant hereby demands that the third-party defendant/second third-party plaintiff serve on the undersigned, within thirty (30) days from the date of service hereof, a Verified Billof Particulars with respect to the following matters: 1 1 of 4 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019 1. Set forth the location of the occurrence referred to in the second third-party complaint with sufficient detail to enable third-party defendant to identify the same, including the address and street number of the location, if within a building, give the number of the floor level and the approximate distance from two or more fixed and identified points. 2. Set forth in detail the alleged culpable conduct of the third-party defendant and for each act or omission identified, state: a.) the date of the act; b.) the location of the act; c.) who committed the act; d.) all witnesses to the act; and, "a.)" "d.)" e.) all documents concerning, relating or referring to through above. 3. Ifyou contend there is a contract/agreement (the "Agreement") between the parties, set forth and identify: a.) the title of the Agreement, including any form numbers, etc.; b.) the date the Agreement was signed by the third-party defendant(s) and the name of the person that signed it; c.) the date the Agreement was signed by the third-party plaintiffs and the name of the person that signed it; the and within the Agreement which the third- d.) Article(s) paragraph(s) party plaintiff contends as obligating the third-party defendant to defend and indemnify the third-party plaintiffs in the above matter; and, 4. If you contend that third-party defendant breached its Agreement with the 2 2 of 4 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019 third party plaintiff, and state: a.) the Agreement that was allegedly breached; b.) the exact provisions in the Agreement that were allegedly breached; c.) when the alleged breach occurred; d.) whether third-party plaintiffs notified the third-party defendant of the alleged breach, and ifso, how; e.) when and how the third-party plaintiff requested that third-party defendant's general liabilityinsurer defend and indemnify third-party plaintiff in the above matter; and, "a.)" "e.)" f.) all documents coñcerñiñg, relating or referring to through above. 5. Set forth the amount of fees and expenses (ifany) that third-party plaintiff is seeking from third-party defendant. 6. State whether itis claimed that second third-party defendant had notice of the condition complained of and, if so, state whether actual or constructive notice is claimed; ifconstructive ñotice is claimed, state for how long second third-party plaintiff claims the condition existed before the alleged incident; ifactual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time itwas given, and whether oral or written and, if written, set forth a copy thereof. Identify all documents in support of your contentions herein. PLEASE TAKE NOTICE, that upon the failure of the third-party defendant/second third-party plaintiff to serve a Verified Bill of Particulars within the time specified, the second third-party defendant will move for an Order of Preclusion. 3 3 of 4 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/28/2019 Dated: Elmsford, New York January 28, 2019 Yours, etc., MIRANDA SLONE SKLARIN VERVENIOTIS LLP ' By: Richard S. sklf rin Attorneys for Second Third-Party Defendant 56 EAST FRESHBITES LLC d/b/a FRESHBITES 570 Taxter Road, Suite 561 Elmsford, New York 10523 (914) 345-6510 Our File No.: 18-422W TO: KOWALSKI & DEVITO Heidi M. Weiss, Esq. Attorneys for Third-Party Defendants/Second Third-Party Plaintiffs MARKWOOD MANAGEMENT CO., INC., and SALON REALTY CORP. 80 Pine Street, Suite 300 New York, New York 10005 (718) 250-1100 Your File No.: NYNY-32862 THE ELBERT LAW FIRM Attorneys for Plaintiff JOYCE PETERS 560 Broadhollow Road, Suite 303 Melville, New York 11747 NADINE RIVELLESE, ESQ. Attorneys for Defendant/Third-Party Plaintiff CONSOLIDATED EDISON COMPANY OF NEW YORK, INC 4 Irving Place, Room 1800 New York, New York 10003 4 4 of 4