Preview
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
EXHIBIT Q
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X INDEX NO.: 157354/2019
JOSE CARLOS DE SOUZA,
Plaintiffs,
-against- JUDICIAL SUBPOENA
DUCES TECUM
HUDSON YARDS CONSTRUCTION II LLC,
50 HYMC OWNER LLC and GILBANE BUILDING
COMPANY,
Defendants.
-------------------------------------------------------------X
***THE PEOPLE OF THE STATE OF NEW YORK***
TO: NEW LEAF DEVELOPMENT, LLC PLEASE CONTACT THE
461 20th Street THE UNDERSIGNED
Brooklyn, NY 11215 718-570-5957
NO PERSONAL APPEARANCE REQUIRED
IF DOCUMENTS ARE RECEIVED PRIOR TO DECEMBER 15, 2021
WE COMMAND YOU, That all business and excuses being laid aside, you and each of you
appear and attend before the LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. located at 81 MAIN
STREET – SUITE 305, WHITE PLAINS, NY 10601 on the 16th day of December, 2021, at 9:30
a.m. in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part
of the PLAINTIFF and that you bring with you, and produce at the time and place aforesaid, the
following:
1) All accident, incident and/or investigative reports in connection with plaintiff’s accident
on June 17, 2019, at 50 Hudson Yards, New York, New York;
2) All witness statements taken in connection with plaintiff’s accident along with the name
and address of any witnesses to the accident irrespective of whether a statement was
taken;
3) All photographs depicting the plaintiff and/or accident scene taken on June 17, 2019;
4) All progress photographs taken for 1 year prior and including June 17, 2019, as well as
two weeks thereafter;
5) All daily progress record, logs and/or diaries for one month prior and subsequent to June
17, 2019;
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
6) Any contract entered into by NEW LEAF DEVELOPMENT, LLC in connection with the
construction activities at the location referenced above;
7) All plans and specifications proposed by or on behalf of NEW LEAF DEVELOPMENT, LLC
in connection with this project;
8) All plans and specifications provided to NEW LEAF DEVELOPMENT, LLC in connection
with this project;
9) Complete names and addresses of all employees of NEW LEAF DEVELOPMENT, LLC who
were working at the above referenced location on June 17, 2019 including all foremen and supervisors;
and
10) All safety reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided to
NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks
thereafter for this project.
11) All safety engineer reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided
to NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks
thereafter for this project.
12) All daily reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided to
NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks
thereafter for this project.
Now in your custody, and all other deeds, evidences and writings, which you have in your
custody or power.
PLEASE TAKE NOTICE that the information and documents requested herein are material and
necessary to assist plaintiff in the prosecution of his claim against defendants resulting from his
accident on June 17, 2019.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make you
liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars
and all damages sustained by reason of your failure to comply.
WITNESS, HON. PAUL A. GOETZ, one of the Justices of said Court, located at 60 Centre
Street, New York, New York on the 16th day of November 2021.
Yours, etc.
LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C.
s/Julio Cesar Román
__________________________________________
JULIO CESAR ROMÁN, ESQ.
Attorneys for plaintiff
81 Main Street - Suite 305
White Plains, New York 10601
(914) 946-5093
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X INDEX NO.: 157354/2019
JOSE CARLOS DE SOUZA,
Plaintiffs,
-against- JUDICIAL SUBPOENA
DUCES TECUM SERVICE LIST
HUDSON YARDS CONSTRUCTION II LLC,
50 HYMC OWNER LLC and GILBANE BUILDING
COMPANY,
Defendants.
-------------------------------------------------------------X
SERVICE LIST
Wood Smith Henning & Berman LLP
Attorneys for Defendants
685 Third Avenue, 18th Floor
New York, New York 10017
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X INDEX NO.: 157354/2019
JOSE CARLOS DE SOUZA,
Plaintiffs,
-against- JUDICIAL SUBPOENA
DUCES TECUM
HUDSON YARDS CONSTRUCTION II LLC,
50 HYMC OWNER LLC and GILBANE BUILDING
COMPANY,
Defendants.
-------------------------------------------------------------X
***THE PEOPLE OF THE STATE OF NEW YORK***
TO: CROSS COUNTRY CONSTRUCTION, LLC PLEASE CONTACT THE
5 West Main Street, Suite 103 THE UNDERSIGNED
Elmsford, NY 11215 718-570-5957
NO PERSONAL APPEARANCE REQUIRED
IF DOCUMENTS ARE RECEIVED PRIOR TO DECEMBER 15, 2021
WE COMMAND YOU, That all business and excuses being laid aside, you and each of you
appear and attend before the LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. located at 81 MAIN
STREET – SUITE 305, WHITE PLAINS, NY 10601 on the 16th day of December, 2021, at 9:30
a.m. in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part
of the PLAINTIFF and that you bring with you, and produce at the time and place aforesaid, the
following:
1) All accident, incident and/or investigative reports in connection with plaintiff’s accident
on June 17, 2019, at 50 Hudson Yards, New York, New York;
2) All witness statements taken in connection with plaintiff’s accident along with the name
and address of any witnesses to the accident irrespective of whether a statement was
taken;
3) All photographs depicting the plaintiff and/or accident scene taken on June 17, 2019;
4) All progress photographs taken for 1 year prior and including June 17, 2019, as well as
two weeks thereafter;
5) All daily progress record, logs and/or diaries for one month prior and subsequent to June
17, 2019;
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
6) Any contract entered into by CROSS COUNTRY CONSTRUCTION, LLC in connection
with the construction activities at the location referenced above;
7) All plans and specifications proposed by or on behalf of CROSS COUNTRY
CONSTRUCTION, LLC in connection with this project;
8) All plans and specifications provided to CROSS COUNTRY CONSTRUCTION, LLC in
connection
with this project;
9) Complete names and addresses of all employees of CROSS COUNTRY CONSTRUCTION,
LLC who
were working at the above referenced location on June 17, 2019 including all foremen and supervisors;
and
10) All safety reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or provided
to
CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and for two
weeks thereafter for this project.
11) All safety engineer reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or
Provided to CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and
for two weeks thereafter for this project.
12) All daily reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or provided
to
CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and for two
weeks thereafter for this project.
Now in your custody, and all other deeds, evidences and writings, which you have in your
custody or power.
PLEASE TAKE NOTICE that the information and documents requested herein are material and
necessary to assist plaintiff in the prosecution of his claim against defendants resulting from his
accident on June 17, 2019.
Failure to comply with this subpoena is punishable as a contempt of Court and shall make you
liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars
and all damages sustained by reason of your failure to comply.
WITNESS, HON. PAUL A. GOETZ, one of the Justices of said Court, located at 60 Centre
Street, New York, New York on the 16th day of November 2021.
Yours, etc.
LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C.
s/Julio Cesar Román
__________________________________________
JULIO CESAR ROMÁN, ESQ.
Attorneys for plaintiff
81 Main Street - Suite 305
White Plains, New York 10601
(914) 946-5093
jcroman@lpblawfirm.com
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X INDEX NO.: 157354/2019
JOSE CARLOS DE SOUZA,
Plaintiffs,
-against- JUDICIAL SUBPOENA
DUCES TECUM SERVICE LIST
HUDSON YARDS CONSTRUCTION II LLC,
50 HYMC OWNER LLC and GILBANE BUILDING
COMPANY,
Defendants.
-------------------------------------------------------------X
SERVICE LIST
Wood Smith Henning & Berman LLP
Attorneys for Defendants
685 Third Avenue, 18th Floor
New York, New York 10017
Preview
FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 EXHIBIT Q FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X INDEX NO.: 157354/2019 JOSE CARLOS DE SOUZA, Plaintiffs, -against- JUDICIAL SUBPOENA DUCES TECUM HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. -------------------------------------------------------------X ***THE PEOPLE OF THE STATE OF NEW YORK*** TO: NEW LEAF DEVELOPMENT, LLC PLEASE CONTACT THE 461 20th Street THE UNDERSIGNED Brooklyn, NY 11215 718-570-5957 NO PERSONAL APPEARANCE REQUIRED IF DOCUMENTS ARE RECEIVED PRIOR TO DECEMBER 15, 2021 WE COMMAND YOU, That all business and excuses being laid aside, you and each of you appear and attend before the LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. located at 81 MAIN STREET – SUITE 305, WHITE PLAINS, NY 10601 on the 16th day of December, 2021, at 9:30 a.m. in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part of the PLAINTIFF and that you bring with you, and produce at the time and place aforesaid, the following: 1) All accident, incident and/or investigative reports in connection with plaintiff’s accident on June 17, 2019, at 50 Hudson Yards, New York, New York; 2) All witness statements taken in connection with plaintiff’s accident along with the name and address of any witnesses to the accident irrespective of whether a statement was taken; 3) All photographs depicting the plaintiff and/or accident scene taken on June 17, 2019; 4) All progress photographs taken for 1 year prior and including June 17, 2019, as well as two weeks thereafter; 5) All daily progress record, logs and/or diaries for one month prior and subsequent to June 17, 2019; FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 6) Any contract entered into by NEW LEAF DEVELOPMENT, LLC in connection with the construction activities at the location referenced above; 7) All plans and specifications proposed by or on behalf of NEW LEAF DEVELOPMENT, LLC in connection with this project; 8) All plans and specifications provided to NEW LEAF DEVELOPMENT, LLC in connection with this project; 9) Complete names and addresses of all employees of NEW LEAF DEVELOPMENT, LLC who were working at the above referenced location on June 17, 2019 including all foremen and supervisors; and 10) All safety reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided to NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. 11) All safety engineer reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided to NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. 12) All daily reports prepared by NEW LEAF DEVELOPMENT, LLC and/or provided to NEW LEAF DEVELOPMENT, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. Now in your custody, and all other deeds, evidences and writings, which you have in your custody or power. PLEASE TAKE NOTICE that the information and documents requested herein are material and necessary to assist plaintiff in the prosecution of his claim against defendants resulting from his accident on June 17, 2019. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. WITNESS, HON. PAUL A. GOETZ, one of the Justices of said Court, located at 60 Centre Street, New York, New York on the 16th day of November 2021. Yours, etc. LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. s/Julio Cesar Román __________________________________________ JULIO CESAR ROMÁN, ESQ. Attorneys for plaintiff 81 Main Street - Suite 305 White Plains, New York 10601 (914) 946-5093 FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X INDEX NO.: 157354/2019 JOSE CARLOS DE SOUZA, Plaintiffs, -against- JUDICIAL SUBPOENA DUCES TECUM SERVICE LIST HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. -------------------------------------------------------------X SERVICE LIST Wood Smith Henning & Berman LLP Attorneys for Defendants 685 Third Avenue, 18th Floor New York, New York 10017 FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X INDEX NO.: 157354/2019 JOSE CARLOS DE SOUZA, Plaintiffs, -against- JUDICIAL SUBPOENA DUCES TECUM HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. -------------------------------------------------------------X ***THE PEOPLE OF THE STATE OF NEW YORK*** TO: CROSS COUNTRY CONSTRUCTION, LLC PLEASE CONTACT THE 5 West Main Street, Suite 103 THE UNDERSIGNED Elmsford, NY 11215 718-570-5957 NO PERSONAL APPEARANCE REQUIRED IF DOCUMENTS ARE RECEIVED PRIOR TO DECEMBER 15, 2021 WE COMMAND YOU, That all business and excuses being laid aside, you and each of you appear and attend before the LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. located at 81 MAIN STREET – SUITE 305, WHITE PLAINS, NY 10601 on the 16th day of December, 2021, at 9:30 a.m. in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part of the PLAINTIFF and that you bring with you, and produce at the time and place aforesaid, the following: 1) All accident, incident and/or investigative reports in connection with plaintiff’s accident on June 17, 2019, at 50 Hudson Yards, New York, New York; 2) All witness statements taken in connection with plaintiff’s accident along with the name and address of any witnesses to the accident irrespective of whether a statement was taken; 3) All photographs depicting the plaintiff and/or accident scene taken on June 17, 2019; 4) All progress photographs taken for 1 year prior and including June 17, 2019, as well as two weeks thereafter; 5) All daily progress record, logs and/or diaries for one month prior and subsequent to June 17, 2019; FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 6) Any contract entered into by CROSS COUNTRY CONSTRUCTION, LLC in connection with the construction activities at the location referenced above; 7) All plans and specifications proposed by or on behalf of CROSS COUNTRY CONSTRUCTION, LLC in connection with this project; 8) All plans and specifications provided to CROSS COUNTRY CONSTRUCTION, LLC in connection with this project; 9) Complete names and addresses of all employees of CROSS COUNTRY CONSTRUCTION, LLC who were working at the above referenced location on June 17, 2019 including all foremen and supervisors; and 10) All safety reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or provided to CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. 11) All safety engineer reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or Provided to CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. 12) All daily reports prepared by CROSS COUNTRY CONSTRUCTION, LLC and/or provided to CROSS COUNTRY CONSTRUCTION, LLC for a period of 1 year prior to June 17, 2019, and for two weeks thereafter for this project. Now in your custody, and all other deeds, evidences and writings, which you have in your custody or power. PLEASE TAKE NOTICE that the information and documents requested herein are material and necessary to assist plaintiff in the prosecution of his claim against defendants resulting from his accident on June 17, 2019. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. WITNESS, HON. PAUL A. GOETZ, one of the Justices of said Court, located at 60 Centre Street, New York, New York on the 16th day of November 2021. Yours, etc. LAW OFFICES OF LAWRENCE PERRY BIONDI, P.C. s/Julio Cesar Román __________________________________________ JULIO CESAR ROMÁN, ESQ. Attorneys for plaintiff 81 Main Street - Suite 305 White Plains, New York 10601 (914) 946-5093 jcroman@lpblawfirm.com FILED: NEW YORK COUNTY CLERK 10/24/2022 11:51 PM INDEX NO. 157354/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 10/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X INDEX NO.: 157354/2019 JOSE CARLOS DE SOUZA, Plaintiffs, -against- JUDICIAL SUBPOENA DUCES TECUM SERVICE LIST HUDSON YARDS CONSTRUCTION II LLC, 50 HYMC OWNER LLC and GILBANE BUILDING COMPANY, Defendants. -------------------------------------------------------------X SERVICE LIST Wood Smith Henning & Berman LLP Attorneys for Defendants 685 Third Avenue, 18th Floor New York, New York 10017