Preview
INDEX NO. 152494/2012
(FILED: NEWYORK COUNTY CLERK 0870172013)
NYSCEF DOC. NOJ}104 — RECEIVED NYSCEF: 08/01/2013
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
pene se een xX
JORGE GONZALEZ NOGUERA, VERIFIED ANSWER
TO THIRD PARTY
Plaintiff(s), SUMMONS AND
COMPLAINT
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC., ”
Defendant(s),
wane ne tee) TP Index No.:
EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429 /13
Third-Party Plaintiff(s),
-against-
MOBILITIE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC,,
Third-Party Defendant(s).
wet eee tn eens -.
_ —_J
Third Patty Defendant(s), MOBILITIE, LLC by their attorney(s), CRISCI, WEISER &
McCARTHY, as and for their Verified Answer to the Verified Third Party Summons &
Complaint of the Defendant/Thitd Party Plaintiff(s), EMPIRE CITY SUBWAY COMPANY
(LIMITED) hetein alleges as follows:
PARTIES
1 Denies knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs designated “1”, “4”, “5”, “6”, “7”, “8” and “9” of the Verified Third Party
Complaint.
2. Denies each and every allegation set forth in patagraph(s) designated “2” of the
Verified Third Party Complaint.
3 Denies ach and every allegation set forth in paragraph(s) designated “3” of the
Verified Thitd Party Complaint and refers all questions of law to the Court.
'
ANSWERING FIRST CAUSE OF ACTION
4, Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to
patagraphs numbered “1” through “9” of the Verified Third Patty Complaint inclusive with the
same force and effect as if set forth herein at length in answer to patagraph numbered “10” in the
Verified Third Party Complaint.
5 Denies each and every allegation set forth in paragraph(s) designated “11”, “12”,
“13,714” and “15” of the Verified Third Party Complaint Complaint.
ANSWERING SECOND CAUSE OF ACTION
6. Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to
paragraphs numbered “1” through “15” of the Verified Third Party Complaint inclusive with the
same force and effect as if set forth herein at length in answer to paragraph numbered “16” in the
Verified Third Party Complaint.
7. Denies knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs designated “17” and “18” of the Verified Third Patty Complaint.
8. Denies each and every allegation set forth in paragraph(s) designated “19%”, “20”
and “21” of the Verified Third Party Complaint.
ANSWERING THIRD CAUSE OF ACTION
9 Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to
paragraphs numbeted “1” through “21” of the Verified Third Party Complaint inclusive with the
same force and effect as if set forth herein at length in answer to paragraph numbered “22” in the
Verified Third Party Complaint.
10. Denies each and every allegation set forth in paragraph(s) designated “23” and “24”
of the Verified Third Party Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
11. That if the occurrence as alleged in the Verified Complaint occurred at all, it was
caused completely or partially by the culpable conduct of the plaintiff(s) and/or the third party
plaintiff EMPIRE SUBWAY CITY COMPANY and not by the herein third party defendant(s),
MOBILITIE LLC and the third party defendant(s), MOBILITIE LLC seek(s) a ‘dismissal ot
reduction in any recovery had by the plaintiff(s) and/or the third patty plaintiff EMPIRE
SUBWAY CITY COMPANY in propottion to which the culpable conduct attributable to the
defendant/third party plaintiff(s) bears to the culpable conduct which caused the damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
12, Té this answering third patty defendant(s), MOBILITIE LLC is found negligent, as
claimed, and if the third party defendant(s), MOBILITIE LLC’S joint liability is fifty percent or
less of the total liability assigned to all persons liable, then this third party defendant(s)’ ultimate
responsibility for non-economic loss, pursuant to CPLR 1601, cannot exceed this equitable shate.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
13. ‘That the third patty complaint fails to state a cause of action.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
14, That the third party plaintiff(s) failed to mitigate and/or reduce and/or eliminate
their damages and losses, if any, as alleged in the Third Party Complaint.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
15, That upon information and belief, the plaintiffs injuries and/or damages, if any,
were caused by the intervening and/or superseding acts of third patties unrelated to this answering
third pasty defendant(s), MOBILITIE LLC.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
16. That the conditions alleged in the Third Party Complaint to have caused and/or
contributed to the accident, if any, were open, obvious, notorious and appatent.
AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE
17. That the alleged conditions if it exists at all constitutes a non — actionable
trivial defect.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
18, Upon information and belief, any past ot future costs ot expenses incurred ot
to be incurred by the plaintiff(s) for medical. care, dental care, custodial care of rehabilitative
setvices, loss of eatnings or other economic loss, has been or will be with reasonable certainty, be
replaced or indemnified in whole or in part from a collateral source as defined in Section 4545 of
the New York Civil Practice Law and Rules.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
19. ‘That there is no nexus between.the acts that the third party plaintiff
alleges and the services provided by the defendant.
-D: ITY OF NEW
YORK, EMPIRE CITY SUBWAY COMPANY, TIME WARNER CABLE, LIGHT
TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC.,
THIRD PARTY DEFENDANT, MOBILITIE, LLC, ALLEGE(S)
ALLEGE(S) UPON
UPON
INFORMATION AND BELIEF AS FOLLOWS
20. That if the plaintiff sustained the injuries and damages in the manner and at the
time and place alleged in the Complaint, and if it is found that the answering third party
defendant, MOBILITIE, LLC is liable to plaintiff herein, all of which is specifically denied,
then said answering third party defendant, on the basis of apportionment of responsibility for
the alleged occurrence, is entitled to indemnification and/or contribution from and judgment
over against the aforementioned co-defendants, for all or part or any verdict or judgment that
plaintiff may recover against said answering defendant.
(T'S THE CITY OF
NEW YORK, EMPIRE, CIEY SUBWAY COMPANY, TIME WARNER CABLE,
LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC.,,
MOBILITIE, LLC.
ALLEGE(S) UPON INFORMATION AND BELIEF AS FOLLOWS
21 That if the third patty plaintiff sustained the injuries and damages in the
manner and at the time and place alleged in the third party complaint, and if it is found that the
answering third party defendant is liable to third party plaintiff herein, all of which is specifically
denied, then said answering third party defendant, MOBILITIE, LLC, on the basis of
apportionment of responsibility for the alleged occurrence, is entitled to contractual
indemnification and/or common law contribution and/or insurance indemnification from and
judgment over against the aforementioned co-defendants, for all or part or any verdict of judgment
that plaintiff may recover against said answering fees third party defendant, MOBILITIE, LLC.
WHEREFORE, third party defendant(s), MOBILITIE, LLC, demand(s) judgment
dismissing defendant/third party plaintiff(s)' Third Party Complaint against the answering third
party defendant(s), MOBILITIE, LLC, together with the costs and disbursements of this action,
and, further, demand(s) that in the event said answeting third patty defendant(s), MOBILITIE,
LLC is found liable to defendant/third party plaintiff(s) herein, then said answering third party
defendant(s), MOBILITIE, LLC, on the basis of apportionment of responsibility, have judgment
over against the aforementioned co-defendant(s) for all or part of the verdict of judgment that
defendant/third party plaintiff(s) may recover against said answering third party defendant(s),
MOBILITIE, LLC, together with the costs and disbursements of this action, and for any expenses
incurred by it in the defense thereof, including attorney's fees.
Dated: New York, New York
July 19, 2013
Yo
ISER & McCARTHY
By! Stephanie Robbins, Esq
Attorney for Third Party Defendam
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN & KELLY, P.C.
Attorneys for Defendant/Third Patty Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
212-785-2929
MICHAEL A, CARDOZO, ESQ.
Attorneys for Defendants
THE CITY OF NEW YORK
100 Church Street 4" Floor
New York NY 10007
Law Dept No 2012-023951
NEWMAN, MYERS KREINES GROSS HARRIS PC
Attorneys for Defendant
TIME WARNER CABLE INC
40 Wall Street 26" Floor
New York NY 10005
LIGHT TOWER FIBER LLC
Defendant in Person
111 Bighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
ween enna ene eens eee nnn ene seenn een een nnn nee annem nana cneneenennnin XxX
JORGE GONZALEZ NOGUERA, DEMAND FOR
VERIFIED BILL OF
Plaintiff(s), PARTICUALRS
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and’ TIME’ WARNER
CABLE, INC,
Defendant(s), TP Index No.:
eee eee ee en xX 590429/13
EMPIRE CITY SUBWAY COMPANY (LIMITED),
Third-Party Plaintiff(s),
-against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
ec et
eee een
SIRS:
PLEASE TAKE NOTICE, that you are hereby required to file and serve the following
particulars of plaintiffs’ alleged cause of action herein within thirty (30) days after service of this
demand.
1 Present address of plaintiff.
Date of birth and social security number of plaintiff.
Any name used by plaintiff other than as specifically set forth.
Date, time and exact location of the occurrence.
5 State in what respects it shall be claimed that these answering defendants were
negligent and particularize the acts or omissions which it shall be claimed constituted such
negligence,
6 State in what respects it shall be claimed that such acts or omissions either caused
ot contributed such negligence.
7. A statement of any injuries claimed to have resulted from the occurtence,
identifying that portion of plaintiff's body affected and the approximate date of the onset of
symptoms of each of the injuries claimed.
8. State whether it will be claimed that the incident complained of aggravated a pre-
'
existing injury or condition and, if so, specify the nature, cause and duration of such pre-existing
injury ot condition,
9 A description of those injuries claimed to be permanent.
10. The length of time that plaintiff was confined to a hospital or other health care
facility and the name and addtess of each hospital or facility, together with the dates of admission
and discharge,
11. The length of time plaintiff was confined to bed or home asa tesult of the
occuttence with dates of confinement,
12. The dates plaintiff received treatment at any hospital out-patient department or
clinic with the name and addtess of each hospital or clinic,
13. Set forth:
@) the occupation of plaintiff;
) the name and addtess(es) of employer(s);
© number of working days incapacitated;
@ weekly rate of pay.
14, The length of time plaintiff was totally disabled as a result of the occurrence,
including specific dates.
15. The length of time plaintiff was pattially disabled as a result of the occurrence,
including specific dates.
16. Té the plaintiff is a student, set forth the name(s) and address(es) of attending
institution(s) together with dates of absences as a result of this occurrence.
17, Total amounts claimed as special damages for:
@) physician services; (d nurses setvices;
) medical supplies; © loss of earnings;
(©) hospital expenses; ® other (specify).
18, Has plaintiff been reimbursed for any of the above special damages? If so, give the
name of the person of organization tendering such benefits, including No-Fault.
19. Set forth by section and title, statutes, regulations, rules, ordinances and any other
laws, it will be claimed were violated by these defendants.
20. Set forth the nature and extent of any services allegedly lost.
21. Ifan automobile accident, give the name of the thoroughfares on which the
accident occurted, and direction in which each motor vehicle or pedestrian involved in the accident
was proceeding, prior to and at the titne of the occurrence.
22. If the accident happened on defendants' premises, state exactly where it is alleged
the accident occurred and describe the condition or defect which allegedly caused the accident.
23. If actual notice is alleged, state:
@) person to whom given;(d) person by whom given;
) place given; © how given.
© date when given;
24 Tf actual notice given in writing, provide a copy of said writing.
25. If constructive notice is claimed, state:
@) nature of condition;
@) location of condition;
© duration of condition with dates.
26. If it is alleged that someone other then the defendants caused ot cteated the condition,
state name and address of the person who created the condition and date thereof.
27. State whether or not any claim is being made of improper or defective equipment
and, if so, describe in detail such equipment and its defects.
28. If property damage is claimed, set forth:
@) description of property damage;
) yeat purchased and price paid;
© detailed list of repairs necessary and cost thereof.
29. State in what respect it is claimed that plaintiff has sustained a serious injury as
defined in the Insurance Law, Section 5102, or economic loss greater than basic economic loss as
defined in Section 5102.
30, State whether plaintiff suffers from any residual affects of any injury sustained in
this occurrence and, it so, set forth a description thereof.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCL & McCARTHY
By: Stephanie Robbins,
Attorney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
Attorneys for Defendant/Third Party Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Petson
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
JORGE GONZALEZ NOGUERA, DEMAND FOR
VERIFIED THIRD
Plaintiff(s), PARTY BILL OF
PARTICUALRS
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME’: WARNER
CABLE, INC.,
Defendant(s),
cen eem nme ee nnnenn, TP Index No.:
EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429/13
Third-Party Plaintiff(s),
-against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
cece nent eten enn nce nena annnenenanenenennencenennneX,
SIRS:
PLEASE TAKE NOTICE, that you ate hereby required to file and serve the following
patticulats of third-party plaintiff(s)' alleged cause of action herein within thirty (30) days after
service of this demand,
1 Provide a copy of the plaintiff(s)' Bill of Particulars.
2, Set forth the acts or omissions constituting the negligence of the third-party
defendant(s).
3, Provide a copy of any depositions taken in this action including any exhibits
marked therein,
4 Provide a copy of all documents, reports, photographs, expert witness reports,
names and witnesses, medical reports, etc., obtained by any of the various patties by means of
discovery and inspection.
Dated: New York, New York
July 19, 2013
Yours, etc.,
LB /
R & McCARTHY
~~
By: Stephanie Robbins, Esq.
Attorney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C,
Attorneys for Defendant/Third Party Plaintiff's
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
ee ne
JORGE GONZALEZ NOGUERA, NOTICE FOR
DISCOVERY AND
Plaintiff(s), INSPECTION
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC.,
Defendant(s), ‘TP Index No.:
wae ee ee 590429 /13
EMPIRE CITY SUBWAY COMPANY (LIMITED),
Third-Party Plaintiff(s),
-against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
enenena ene XxX
SIRS
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, you are
tequited to produce for discovery, inspection and reproduction at the office of the undersigned on.
the 21st day of August, 2013, the following:
1 Any signed or unsigned statement, transcript ot recorded statement made by or
taken from any party represented by the undersigned in this action or any agent, servant or
employee of any defendant represented by this office.
2. Photographs of instrumentalities involved in this occurrence and areas of such
occurrence taken at or immediately after the occurrence; all pre-accident and post-accident
photographs.
3 Names and present addresses of each person known or claimed in the action to be
a witness to:
@) the occurtence;
) any acts, omissions or conditions which allegedly caused the occurrence
and
© any actual notice allegedly given to the defendants of such conditions.
4, The accident reports of the parties as prepared in the regular course of business
operations ot practices of any petson or entity. :
5. The name(s) and address(es) of each patty and attorney appearing in this action,
pursuant to the above and CPLR 2103(e).
6. The index number of this action.
7 The name(s) and address(es) of all physicians or other persons who have consulted
with, examined or treated the plaintiff for each of the conditions allegedly caused or exacerbated
by the occurrence including the date(s) of such consultant, examination or treatment.
8. Medical reports pursuant to CPLR 3121 and 3101.
9. Duly executed and acknowledged written authorization, containing the complete
name and address of health care provider and dates of treatment, which will permit the
undersigned to obtain and make copies of all of the following concerning the occurrence
underlying the action:
@ complete hospital records including all notations of physicians, nurses,
medical boards, laboratories and all departments;
) actual x-rays and other diagnostic test data and interpretations as taken in
any hospital, laboratory or other office location and
© complete office medical records concerning consultation, diagnoses and
treatment of the plaintiff.
10, Duly executed and acknowledged written authorizations which will permit the
undersigned to obtain and make copies of all in-patient and out-patient treatment records, and x-
tays and other diagnostic tests for any conditions of injuties of any period preceding this
occurrence for any areas of the body claimed injured or re-injured in the occurrence underlying
this action.
PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward
the information to this office prior to the return date.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained afterservice hereof, they are to be immediately
furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that upon yout failure to produce, identify,
state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be
made for the approptiate relief to this Court.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCI & McCARTHY
B Stephanie Robbins, Esq.
Ketotney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
Attorneys for Defendant/Thitd Party Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Bighth Avenue
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
nee en enn eee X
JORGE GONZALEZ NOGUERA, DEMAND FOR
INCOME TAX
Plaintiff(s), RECORD
AUTHORIZATIONS
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC.,
TP Index No.:
Defendant(s), 590429/13
en en nn ee ene een
EMPIRE CITY SUBWAY COMPANY (LIMITED),
Third-Party Plaintif{(s),
-against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
cece nee eeneneneeeeeenneenneeennnenneennenennnnnnenennnenenennnnnnnn
SIRS:
PLEASE TAKE NOTICE, that the undersigned hereby demand, pursuant to CPLR
3101 (a) and CPLR 3120 that plaintiff, within ten (10) days of the service of this demand, produce
for inspection and examination, any and all of plaintiffs' Federal and State income tax returns or
certified copies thereof pertaining to the years 2010, 2011 2012 and 2002 or authorizations signed
by the plaintiff allowing these third party defendants to obtain the same.
[Request is also m: for plaintiff rovii of two (2) forms of signature ie.
driver's license, social security card, etc., in order to obtain the above-referenced records.]
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they are to be immediately
furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify,
state and provide the aforesaid items within thitty (30) days of service hereof, a motion will be
made for the appropriate relief to this Court.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCTI, ¥ R & McCARTHY
By: St hanis obbins, Esq.
Attorneyfor Thitd Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C,
Attorneys for Defendant/Thitd Party Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Petson
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
xX
JORGE GONZALEZ NOGUERA, DEMAND FOR
INSPECTION OF
Plaintiff(s), INSURANCE
AGREEMENTS
-against- UPON CO-
DEFENDANTS
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC.,
Defendant(s),
cee ann nee nenenennenneenenneenennecenenseeeeesenneee x TP Index No.
EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429 /13
Third-Party Plaintiff(s),
~against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC attde
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
ce seeeeneeeeeeeeeee eee e eee ne cnn nnn nena xX
SIRS:
PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR
3101(f), to produce and permit third party defendant(s), MOBILITE, LLC, or the undersigned
attorney for said third party defendant(s), MOBILITE, LLC to inspect and copy the contents of (a)
each and every primary, contributing and excess insurance agreement under which any person
cattying on an insurance business may be liable to satisfy part or all of a judgment which may be
entered in this action or to indemnify or reimburse for payments made to satisfy the judgment, and
(b) each and every insurance agreement in which the insurer is obligated to defend this action.
PLEASE TAKE FURTHER NOTICE, that said insurance agreements ate to be
ptoduced on August 21, 2013, at 2:00 p.m. at the offices of CRISCI, WEISER & McCARTHY,
17 State Street, 8" Floor, New York, New York 10004, at which time they will be physically
inspected, copied ot mechanically reproduced and returned.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they ate to be immediately
furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that upon yout failure to produce, identify,
state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be
made for the appropriate telief to this Court.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRIS: & McCARTHY
B tephanie Robbins, Esq.
Attorney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C,
Attorneys for Defendant/Third Party Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
ween een nena! xX
JORGE GONZALEZ NOGUERA, DEMAND FOR
SCHOOL RECORDS
Phaintiff(s), AUTHORIZATIONS
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC., ‘TP Index No.:
590429/13
Defendant(s),
cea eeeeennnmenn enn ene nee ne en enemas sence enna nnn aameenen een
EMPIRE CITY SUBWAY COMPANY (LIMITED),
Third-Party Plaintiff(s),
~against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
‘Third-Party Defendant(s).
mate ee eee, xX
SIRS
PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR
3101(a) and 3120 that plaintiff, within ten (10) days of the service of this demand, provide the
defendants with authorizations which will permit them to examine the plaintiffs' school records for
the school years 2010, 2011, 2012 and 2013.
PLEASE TAKE FURTHER NOTICE, that this authorization should permit
defendants access to information relating to the plaintiffs' grades, attendance and medical history.
Should the plaintiff willfully fail to disclose the above information, the defendants will actively
pursue the remedies made available in Section 3126 of the CPLR.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they are to be immediately
furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify,
state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be
made for the appropriate telief to this Court.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCI, WAISER & McCARTHY
By ephanie Robbins, Esq.
Attoiney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/sle
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C,
Attorneys for Defendant/Third Party Plaintiff's
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.: 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC,
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No.:
COUNTY OF NEW YORK 152494 /12
JORGE GONZALEZ NOGUERA, DEMAND FOR 50-H
TRANSCRIPT
Plaintif‘(s),
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER TP Index No.
CABLE, INC., 590429/13
Defendant(s),
arene cen e nen e neem eee een een ene neennnnenenenee
meneame wennee X
EMPIRE CITY SUBWAY COMPANY (LIMI s
Third-Party Plaintiff(s),
~against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
en eee
SIRS:
PLEASE TAKE NOTICE, that pursuant to Section 3120 of the CPLR, third party
defendant(s), MOBILITE, LLC, demand({s) that you produce for discovery, inspection and
teptoduction at the office of the undersigned on the August 21, 2013, the following:
1 A copy of the statutory 50-h examination of third plaintiff(s), EMPIRE CITY
SUBWAY COMPANY (LIMITED), taken by the County of New York.
PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward
the information to this office prior to the return date.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they are to be immediately
furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify,
state and provide the aforesaid items within thirty (30) days of service heteof, a motion will be
made for the appropriate relief to this Court.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCI, WEIS. McCARTHY
By: Step! bins, Esq.
Attorney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C,
Attorneys for Defendant/Third Patty Plaintiff's
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No. 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
SUPREME COURT OF THE STATE OF NEW YORK Index: No,:
COUNTY OF NEW YORK 152494 /12
wee ee X
JORGE GONZALEZ NOGUERA, DEMAND FOR
COPY OF NOTICE
Plaintiff(s), OF CLAIM
-against-
THE CITY OF NEW YORK and EMPIRE CITY
SUBWAY COMPANY (LIMITED) and TIME WARNER
CABLE, INC., TP Index No.:
590429/13
Defendant(s),
eee ne eee
nen nanan ete xX
EMPIRE CITY SUBWAY COMPANY (LIMITED),
Third-Party Plaintiff(s),
-against-
MOBILITE, LLC, LIGHT TOWER FIBER LLC and
WESTMORELAND CONSTRUCTION INC.,
Third-Party Defendant(s).
cance nn nennntennn nee nennnnnnnnnnnennnennennnennacnn xX
SIRS
PLEASE TAKE NOTICE, that pursuant to the CPLR 3020(d), pat 3 it is demanded
that you produce for discovery, inspection and production at the offices of the undetsigned, on the
21st day of August, 2013 at 2:00 p.m. the following:
1 A copy of the Notice of Claim filed against the City of New York.
PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward
the information to this office prior to the return date.
Dated: New York, New York
July 19, 2013
Yours, etc.,
CRISCI, WET) R & McCARTHY
By: obbins, Esq,
Attotney for Third Party Defendant
MOBILITIE, LLC
17 State Street, 8th Floor
New York, New York 10004
Phone No.: (212) 943-8940
File No.: 15-00114212/slr
TO:
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
Attorneys for Defendant/Third Party Plaintiffs
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
Phone No.; 212-785-2929
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC,
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
STATE OF NEW YORK } .
}ss;
COUNTY OF NEW YORK }
CARMEN RIVERA, being duly sworn says: I am not a party to the within action,
am over 18 years of age and reside at BRONX, NEW YORK.
On July 30, 2013, I served a true copy of the annexed:
VERIFIED ANSWER TO THIRD-PARTY COMPLAINT WITH CROSS-CLAIM
AND DISCOVERY DEMANDS
in the following manner upon:
CONWAY, FARRELL, CURTIN & KELLY, P.C.
Attorneys for Defendant/Third Party Plaintiff's
EMPIRE CITY SUBWAY COMPANY (LIMITED)
48 Wall Street, 20" Floor
New York, New York 10005
MICHAEL A, CARDOZO, ESQ.
Attorneys for Defendants
THE CITY OF NEW YORK
100 Church Street 4" Floor
New York NY 10007
NEWMAN, MYERS KREINES GROSS HARRIS PC
Attorneys for Defendant
TIME WARNER CABLE INC
40 Wall Street 26" Floor
New York NY 10005
LIGHT TOWER FIBER LLC
Defendant in Person
111 Eighth Avenue
New York, New York 10011
WESTMORELAND CONSTRUCTION INC.
Defendant in Person
3640 Provost Avenue
Bronx, New York 10466
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official
depository of the U.S. Postal Service within the State of New York, addressed to the last known
addtess of the addresses as indicated above. ,
CARMEN RIVERA
Sworn to before me r
31" day f July, 201
BARBARA A. HYNES
of New York
NOTARY PUB IC Notary Public - State 65
No. O1HY62179
Qualified in Kin gs County ’
My Commission Expires February 2!
Index No. 152494/12 Year 2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JORGE GONZALEZ NOGUERA,
Plaintiff(s)
-against-
‘THE CITY OF NEW YORK AND EMPIRE CITY SUBWAY COMPANY
LIMITED AND TIME WARNER CABLE, INC.,
Defendant(s).
EMPIRE CITY SUBWAY COMPANY LIMITED,
Third-Party Plaintiff(s),
-against-
MOBILITIE, LLC, LIGHT TOWER FIBER LLC AND WESTMORELAND
CONSTRUCTION, INC.,
Third-Party Defendant(s).
VERIFIED THIRD-P. COMP. INT WITH CRO: LAT
and DISCOVERY DE ‘D:
LAW OFFICES OF CRISCI, WEISER & MCCARTHY
Attomey for Thitd-Patty Defendant(s)
MOBILITE, LLC,
17 STATE STREET, 8T! FLOOR
NEW YORK, NEW YORK 10004
(212)943-8940
FILE NO. 15-114212 - SLR
Oo that the within is a (certified) teue copy ofa
NOTICE OF entered in the office of the clerk the within named Court on
ENTRY
Oo that an Order of which the within is a true copy will be presented for settlement to the
NOTICE OF Hon,
Preview
INDEX NO. 152494/2012 (FILED: NEWYORK COUNTY CLERK 0870172013) NYSCEF DOC. NOJ}104 — RECEIVED NYSCEF: 08/01/2013 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 pene se een xX JORGE GONZALEZ NOGUERA, VERIFIED ANSWER TO THIRD PARTY Plaintiff(s), SUMMONS AND COMPLAINT -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., ” Defendant(s), wane ne tee) TP Index No.: EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429 /13 Third-Party Plaintiff(s), -against- MOBILITIE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC,, Third-Party Defendant(s). wet eee tn eens -. _ —_J Third Patty Defendant(s), MOBILITIE, LLC by their attorney(s), CRISCI, WEISER & McCARTHY, as and for their Verified Answer to the Verified Third Party Summons & Complaint of the Defendant/Thitd Party Plaintiff(s), EMPIRE CITY SUBWAY COMPANY (LIMITED) hetein alleges as follows: PARTIES 1 Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraphs designated “1”, “4”, “5”, “6”, “7”, “8” and “9” of the Verified Third Party Complaint. 2. Denies each and every allegation set forth in patagraph(s) designated “2” of the Verified Third Party Complaint. 3 Denies ach and every allegation set forth in paragraph(s) designated “3” of the Verified Thitd Party Complaint and refers all questions of law to the Court. ' ANSWERING FIRST CAUSE OF ACTION 4, Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to patagraphs numbered “1” through “9” of the Verified Third Patty Complaint inclusive with the same force and effect as if set forth herein at length in answer to patagraph numbered “10” in the Verified Third Party Complaint. 5 Denies each and every allegation set forth in paragraph(s) designated “11”, “12”, “13,714” and “15” of the Verified Third Party Complaint Complaint. ANSWERING SECOND CAUSE OF ACTION 6. Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to paragraphs numbered “1” through “15” of the Verified Third Party Complaint inclusive with the same force and effect as if set forth herein at length in answer to paragraph numbered “16” in the Verified Third Party Complaint. 7. Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraphs designated “17” and “18” of the Verified Third Patty Complaint. 8. Denies each and every allegation set forth in paragraph(s) designated “19%”, “20” and “21” of the Verified Third Party Complaint. ANSWERING THIRD CAUSE OF ACTION 9 Repeat(s), reiterate(s) and reallege(s) each and every response set forth in answer to paragraphs numbeted “1” through “21” of the Verified Third Party Complaint inclusive with the same force and effect as if set forth herein at length in answer to paragraph numbered “22” in the Verified Third Party Complaint. 10. Denies each and every allegation set forth in paragraph(s) designated “23” and “24” of the Verified Third Party Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 11. That if the occurrence as alleged in the Verified Complaint occurred at all, it was caused completely or partially by the culpable conduct of the plaintiff(s) and/or the third party plaintiff EMPIRE SUBWAY CITY COMPANY and not by the herein third party defendant(s), MOBILITIE LLC and the third party defendant(s), MOBILITIE LLC seek(s) a ‘dismissal ot reduction in any recovery had by the plaintiff(s) and/or the third patty plaintiff EMPIRE SUBWAY CITY COMPANY in propottion to which the culpable conduct attributable to the defendant/third party plaintiff(s) bears to the culpable conduct which caused the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 12, Té this answering third patty defendant(s), MOBILITIE LLC is found negligent, as claimed, and if the third party defendant(s), MOBILITIE LLC’S joint liability is fifty percent or less of the total liability assigned to all persons liable, then this third party defendant(s)’ ultimate responsibility for non-economic loss, pursuant to CPLR 1601, cannot exceed this equitable shate. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 13. ‘That the third patty complaint fails to state a cause of action. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 14, That the third party plaintiff(s) failed to mitigate and/or reduce and/or eliminate their damages and losses, if any, as alleged in the Third Party Complaint. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 15, That upon information and belief, the plaintiffs injuries and/or damages, if any, were caused by the intervening and/or superseding acts of third patties unrelated to this answering third pasty defendant(s), MOBILITIE LLC. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 16. That the conditions alleged in the Third Party Complaint to have caused and/or contributed to the accident, if any, were open, obvious, notorious and appatent. AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE 17. That the alleged conditions if it exists at all constitutes a non — actionable trivial defect. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 18, Upon information and belief, any past ot future costs ot expenses incurred ot to be incurred by the plaintiff(s) for medical. care, dental care, custodial care of rehabilitative setvices, loss of eatnings or other economic loss, has been or will be with reasonable certainty, be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545 of the New York Civil Practice Law and Rules. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 19. ‘That there is no nexus between.the acts that the third party plaintiff alleges and the services provided by the defendant. -D: ITY OF NEW YORK, EMPIRE CITY SUBWAY COMPANY, TIME WARNER CABLE, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., THIRD PARTY DEFENDANT, MOBILITIE, LLC, ALLEGE(S) ALLEGE(S) UPON UPON INFORMATION AND BELIEF AS FOLLOWS 20. That if the plaintiff sustained the injuries and damages in the manner and at the time and place alleged in the Complaint, and if it is found that the answering third party defendant, MOBILITIE, LLC is liable to plaintiff herein, all of which is specifically denied, then said answering third party defendant, on the basis of apportionment of responsibility for the alleged occurrence, is entitled to indemnification and/or contribution from and judgment over against the aforementioned co-defendants, for all or part or any verdict or judgment that plaintiff may recover against said answering defendant. (T'S THE CITY OF NEW YORK, EMPIRE, CIEY SUBWAY COMPANY, TIME WARNER CABLE, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC.,, MOBILITIE, LLC. ALLEGE(S) UPON INFORMATION AND BELIEF AS FOLLOWS 21 That if the third patty plaintiff sustained the injuries and damages in the manner and at the time and place alleged in the third party complaint, and if it is found that the answering third party defendant is liable to third party plaintiff herein, all of which is specifically denied, then said answering third party defendant, MOBILITIE, LLC, on the basis of apportionment of responsibility for the alleged occurrence, is entitled to contractual indemnification and/or common law contribution and/or insurance indemnification from and judgment over against the aforementioned co-defendants, for all or part or any verdict of judgment that plaintiff may recover against said answering fees third party defendant, MOBILITIE, LLC. WHEREFORE, third party defendant(s), MOBILITIE, LLC, demand(s) judgment dismissing defendant/third party plaintiff(s)' Third Party Complaint against the answering third party defendant(s), MOBILITIE, LLC, together with the costs and disbursements of this action, and, further, demand(s) that in the event said answeting third patty defendant(s), MOBILITIE, LLC is found liable to defendant/third party plaintiff(s) herein, then said answering third party defendant(s), MOBILITIE, LLC, on the basis of apportionment of responsibility, have judgment over against the aforementioned co-defendant(s) for all or part of the verdict of judgment that defendant/third party plaintiff(s) may recover against said answering third party defendant(s), MOBILITIE, LLC, together with the costs and disbursements of this action, and for any expenses incurred by it in the defense thereof, including attorney's fees. Dated: New York, New York July 19, 2013 Yo ISER & McCARTHY By! Stephanie Robbins, Esq Attorney for Third Party Defendam MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant/Third Patty Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 212-785-2929 MICHAEL A, CARDOZO, ESQ. Attorneys for Defendants THE CITY OF NEW YORK 100 Church Street 4" Floor New York NY 10007 Law Dept No 2012-023951 NEWMAN, MYERS KREINES GROSS HARRIS PC Attorneys for Defendant TIME WARNER CABLE INC 40 Wall Street 26" Floor New York NY 10005 LIGHT TOWER FIBER LLC Defendant in Person 111 Bighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 ween enna ene eens eee nnn ene seenn een een nnn nee annem nana cneneenennnin XxX JORGE GONZALEZ NOGUERA, DEMAND FOR VERIFIED BILL OF Plaintiff(s), PARTICUALRS -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and’ TIME’ WARNER CABLE, INC, Defendant(s), TP Index No.: eee eee ee en xX 590429/13 EMPIRE CITY SUBWAY COMPANY (LIMITED), Third-Party Plaintiff(s), -against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). ec et eee een SIRS: PLEASE TAKE NOTICE, that you are hereby required to file and serve the following particulars of plaintiffs’ alleged cause of action herein within thirty (30) days after service of this demand. 1 Present address of plaintiff. Date of birth and social security number of plaintiff. Any name used by plaintiff other than as specifically set forth. Date, time and exact location of the occurrence. 5 State in what respects it shall be claimed that these answering defendants were negligent and particularize the acts or omissions which it shall be claimed constituted such negligence, 6 State in what respects it shall be claimed that such acts or omissions either caused ot contributed such negligence. 7. A statement of any injuries claimed to have resulted from the occurtence, identifying that portion of plaintiff's body affected and the approximate date of the onset of symptoms of each of the injuries claimed. 8. State whether it will be claimed that the incident complained of aggravated a pre- ' existing injury or condition and, if so, specify the nature, cause and duration of such pre-existing injury ot condition, 9 A description of those injuries claimed to be permanent. 10. The length of time that plaintiff was confined to a hospital or other health care facility and the name and addtess of each hospital or facility, together with the dates of admission and discharge, 11. The length of time plaintiff was confined to bed or home asa tesult of the occuttence with dates of confinement, 12. The dates plaintiff received treatment at any hospital out-patient department or clinic with the name and addtess of each hospital or clinic, 13. Set forth: @) the occupation of plaintiff; ) the name and addtess(es) of employer(s); © number of working days incapacitated; @ weekly rate of pay. 14, The length of time plaintiff was totally disabled as a result of the occurrence, including specific dates. 15. The length of time plaintiff was pattially disabled as a result of the occurrence, including specific dates. 16. Té the plaintiff is a student, set forth the name(s) and address(es) of attending institution(s) together with dates of absences as a result of this occurrence. 17, Total amounts claimed as special damages for: @) physician services; (d nurses setvices; ) medical supplies; © loss of earnings; (©) hospital expenses; ® other (specify). 18, Has plaintiff been reimbursed for any of the above special damages? If so, give the name of the person of organization tendering such benefits, including No-Fault. 19. Set forth by section and title, statutes, regulations, rules, ordinances and any other laws, it will be claimed were violated by these defendants. 20. Set forth the nature and extent of any services allegedly lost. 21. Ifan automobile accident, give the name of the thoroughfares on which the accident occurted, and direction in which each motor vehicle or pedestrian involved in the accident was proceeding, prior to and at the titne of the occurrence. 22. If the accident happened on defendants' premises, state exactly where it is alleged the accident occurred and describe the condition or defect which allegedly caused the accident. 23. If actual notice is alleged, state: @) person to whom given;(d) person by whom given; ) place given; © how given. © date when given; 24 Tf actual notice given in writing, provide a copy of said writing. 25. If constructive notice is claimed, state: @) nature of condition; @) location of condition; © duration of condition with dates. 26. If it is alleged that someone other then the defendants caused ot cteated the condition, state name and address of the person who created the condition and date thereof. 27. State whether or not any claim is being made of improper or defective equipment and, if so, describe in detail such equipment and its defects. 28. If property damage is claimed, set forth: @) description of property damage; ) yeat purchased and price paid; © detailed list of repairs necessary and cost thereof. 29. State in what respect it is claimed that plaintiff has sustained a serious injury as defined in the Insurance Law, Section 5102, or economic loss greater than basic economic loss as defined in Section 5102. 30, State whether plaintiff suffers from any residual affects of any injury sustained in this occurrence and, it so, set forth a description thereof. Dated: New York, New York July 19, 2013 Yours, etc., CRISCL & McCARTHY By: Stephanie Robbins, Attorney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant/Third Party Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Petson 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 JORGE GONZALEZ NOGUERA, DEMAND FOR VERIFIED THIRD Plaintiff(s), PARTY BILL OF PARTICUALRS -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME’: WARNER CABLE, INC., Defendant(s), cen eem nme ee nnnenn, TP Index No.: EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429/13 Third-Party Plaintiff(s), -against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). cece nent eten enn nce nena annnenenanenenennencenennneX, SIRS: PLEASE TAKE NOTICE, that you ate hereby required to file and serve the following patticulats of third-party plaintiff(s)' alleged cause of action herein within thirty (30) days after service of this demand, 1 Provide a copy of the plaintiff(s)' Bill of Particulars. 2, Set forth the acts or omissions constituting the negligence of the third-party defendant(s). 3, Provide a copy of any depositions taken in this action including any exhibits marked therein, 4 Provide a copy of all documents, reports, photographs, expert witness reports, names and witnesses, medical reports, etc., obtained by any of the various patties by means of discovery and inspection. Dated: New York, New York July 19, 2013 Yours, etc., LB / R & McCARTHY ~~ By: Stephanie Robbins, Esq. Attorney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C, Attorneys for Defendant/Third Party Plaintiff's EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 ee ne JORGE GONZALEZ NOGUERA, NOTICE FOR DISCOVERY AND Plaintiff(s), INSPECTION -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., Defendant(s), ‘TP Index No.: wae ee ee 590429 /13 EMPIRE CITY SUBWAY COMPANY (LIMITED), Third-Party Plaintiff(s), -against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). enenena ene XxX SIRS PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, you are tequited to produce for discovery, inspection and reproduction at the office of the undersigned on. the 21st day of August, 2013, the following: 1 Any signed or unsigned statement, transcript ot recorded statement made by or taken from any party represented by the undersigned in this action or any agent, servant or employee of any defendant represented by this office. 2. Photographs of instrumentalities involved in this occurrence and areas of such occurrence taken at or immediately after the occurrence; all pre-accident and post-accident photographs. 3 Names and present addresses of each person known or claimed in the action to be a witness to: @) the occurtence; ) any acts, omissions or conditions which allegedly caused the occurrence and © any actual notice allegedly given to the defendants of such conditions. 4, The accident reports of the parties as prepared in the regular course of business operations ot practices of any petson or entity. : 5. The name(s) and address(es) of each patty and attorney appearing in this action, pursuant to the above and CPLR 2103(e). 6. The index number of this action. 7 The name(s) and address(es) of all physicians or other persons who have consulted with, examined or treated the plaintiff for each of the conditions allegedly caused or exacerbated by the occurrence including the date(s) of such consultant, examination or treatment. 8. Medical reports pursuant to CPLR 3121 and 3101. 9. Duly executed and acknowledged written authorization, containing the complete name and address of health care provider and dates of treatment, which will permit the undersigned to obtain and make copies of all of the following concerning the occurrence underlying the action: @ complete hospital records including all notations of physicians, nurses, medical boards, laboratories and all departments; ) actual x-rays and other diagnostic test data and interpretations as taken in any hospital, laboratory or other office location and © complete office medical records concerning consultation, diagnoses and treatment of the plaintiff. 10, Duly executed and acknowledged written authorizations which will permit the undersigned to obtain and make copies of all in-patient and out-patient treatment records, and x- tays and other diagnostic tests for any conditions of injuties of any period preceding this occurrence for any areas of the body claimed injured or re-injured in the occurrence underlying this action. PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward the information to this office prior to the return date. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained afterservice hereof, they are to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon yout failure to produce, identify, state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be made for the approptiate relief to this Court. Dated: New York, New York July 19, 2013 Yours, etc., CRISCI & McCARTHY B Stephanie Robbins, Esq. Ketotney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant/Thitd Party Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Bighth Avenue SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 nee en enn eee X JORGE GONZALEZ NOGUERA, DEMAND FOR INCOME TAX Plaintiff(s), RECORD AUTHORIZATIONS -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., TP Index No.: Defendant(s), 590429/13 en en nn ee ene een EMPIRE CITY SUBWAY COMPANY (LIMITED), Third-Party Plaintif{(s), -against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). cece nee eeneneneeeeeenneenneeennnenneennenennnnnnenennnenenennnnnnnn SIRS: PLEASE TAKE NOTICE, that the undersigned hereby demand, pursuant to CPLR 3101 (a) and CPLR 3120 that plaintiff, within ten (10) days of the service of this demand, produce for inspection and examination, any and all of plaintiffs' Federal and State income tax returns or certified copies thereof pertaining to the years 2010, 2011 2012 and 2002 or authorizations signed by the plaintiff allowing these third party defendants to obtain the same. [Request is also m: for plaintiff rovii of two (2) forms of signature ie. driver's license, social security card, etc., in order to obtain the above-referenced records.] PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and provide the aforesaid items within thitty (30) days of service hereof, a motion will be made for the appropriate relief to this Court. Dated: New York, New York July 19, 2013 Yours, etc., CRISCTI, ¥ R & McCARTHY By: St hanis obbins, Esq. Attorneyfor Thitd Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C, Attorneys for Defendant/Thitd Party Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Petson 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 xX JORGE GONZALEZ NOGUERA, DEMAND FOR INSPECTION OF Plaintiff(s), INSURANCE AGREEMENTS -against- UPON CO- DEFENDANTS THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., Defendant(s), cee ann nee nenenennenneenenneenennecenenseeeeesenneee x TP Index No. EMPIRE CITY SUBWAY COMPANY (LIMITED), 590429 /13 Third-Party Plaintiff(s), ~against- MOBILITE, LLC, LIGHT TOWER FIBER LLC attde WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). ce seeeeneeeeeeeeeee eee e eee ne cnn nnn nena xX SIRS: PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR 3101(f), to produce and permit third party defendant(s), MOBILITE, LLC, or the undersigned attorney for said third party defendant(s), MOBILITE, LLC to inspect and copy the contents of (a) each and every primary, contributing and excess insurance agreement under which any person cattying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment, and (b) each and every insurance agreement in which the insurer is obligated to defend this action. PLEASE TAKE FURTHER NOTICE, that said insurance agreements ate to be ptoduced on August 21, 2013, at 2:00 p.m. at the offices of CRISCI, WEISER & McCARTHY, 17 State Street, 8" Floor, New York, New York 10004, at which time they will be physically inspected, copied ot mechanically reproduced and returned. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they ate to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon yout failure to produce, identify, state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be made for the appropriate telief to this Court. Dated: New York, New York July 19, 2013 Yours, etc., CRIS: & McCARTHY B tephanie Robbins, Esq. Attorney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C, Attorneys for Defendant/Third Party Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 ween een nena! xX JORGE GONZALEZ NOGUERA, DEMAND FOR SCHOOL RECORDS Phaintiff(s), AUTHORIZATIONS -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., ‘TP Index No.: 590429/13 Defendant(s), cea eeeeennnmenn enn ene nee ne en enemas sence enna nnn aameenen een EMPIRE CITY SUBWAY COMPANY (LIMITED), Third-Party Plaintiff(s), ~against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., ‘Third-Party Defendant(s). mate ee eee, xX SIRS PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101(a) and 3120 that plaintiff, within ten (10) days of the service of this demand, provide the defendants with authorizations which will permit them to examine the plaintiffs' school records for the school years 2010, 2011, 2012 and 2013. PLEASE TAKE FURTHER NOTICE, that this authorization should permit defendants access to information relating to the plaintiffs' grades, attendance and medical history. Should the plaintiff willfully fail to disclose the above information, the defendants will actively pursue the remedies made available in Section 3126 of the CPLR. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and provide the aforesaid items within thirty (30) days of service hereof, a motion will be made for the appropriate telief to this Court. Dated: New York, New York July 19, 2013 Yours, etc., CRISCI, WAISER & McCARTHY By ephanie Robbins, Esq. Attoiney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/sle TO: CONWAY, FARRELL, CURTIN & KELLY, P.C, Attorneys for Defendant/Third Party Plaintiff's EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.: 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC, Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No.: COUNTY OF NEW YORK 152494 /12 JORGE GONZALEZ NOGUERA, DEMAND FOR 50-H TRANSCRIPT Plaintif‘(s), -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER TP Index No. CABLE, INC., 590429/13 Defendant(s), arene cen e nen e neem eee een een ene neennnnenenenee meneame wennee X EMPIRE CITY SUBWAY COMPANY (LIMI s Third-Party Plaintiff(s), ~against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). en eee SIRS: PLEASE TAKE NOTICE, that pursuant to Section 3120 of the CPLR, third party defendant(s), MOBILITE, LLC, demand({s) that you produce for discovery, inspection and teptoduction at the office of the undersigned on the August 21, 2013, the following: 1 A copy of the statutory 50-h examination of third plaintiff(s), EMPIRE CITY SUBWAY COMPANY (LIMITED), taken by the County of New York. PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward the information to this office prior to the return date. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and provide the aforesaid items within thirty (30) days of service heteof, a motion will be made for the appropriate relief to this Court. Dated: New York, New York July 19, 2013 Yours, etc., CRISCI, WEIS. McCARTHY By: Step! bins, Esq. Attorney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C, Attorneys for Defendant/Third Patty Plaintiff's EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No. 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Person 3640 Provost Avenue Bronx, New York 10466 SUPREME COURT OF THE STATE OF NEW YORK Index: No,: COUNTY OF NEW YORK 152494 /12 wee ee X JORGE GONZALEZ NOGUERA, DEMAND FOR COPY OF NOTICE Plaintiff(s), OF CLAIM -against- THE CITY OF NEW YORK and EMPIRE CITY SUBWAY COMPANY (LIMITED) and TIME WARNER CABLE, INC., TP Index No.: 590429/13 Defendant(s), eee ne eee nen nanan ete xX EMPIRE CITY SUBWAY COMPANY (LIMITED), Third-Party Plaintiff(s), -against- MOBILITE, LLC, LIGHT TOWER FIBER LLC and WESTMORELAND CONSTRUCTION INC., Third-Party Defendant(s). cance nn nennntennn nee nennnnnnnnnnnennnennennnennacnn xX SIRS PLEASE TAKE NOTICE, that pursuant to the CPLR 3020(d), pat 3 it is demanded that you produce for discovery, inspection and production at the offices of the undetsigned, on the 21st day of August, 2013 at 2:00 p.m. the following: 1 A copy of the Notice of Claim filed against the City of New York. PLEASE TAKE FURTHER NOTICE, that in lieu of said inspection, you may forward the information to this office prior to the return date. Dated: New York, New York July 19, 2013 Yours, etc., CRISCI, WET) R & McCARTHY By: obbins, Esq, Attotney for Third Party Defendant MOBILITIE, LLC 17 State Street, 8th Floor New York, New York 10004 Phone No.: (212) 943-8940 File No.: 15-00114212/slr TO: CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant/Third Party Plaintiffs EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 Phone No.; 212-785-2929 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC, Defendant in Person 3640 Provost Avenue Bronx, New York 10466 STATE OF NEW YORK } . }ss; COUNTY OF NEW YORK } CARMEN RIVERA, being duly sworn says: I am not a party to the within action, am over 18 years of age and reside at BRONX, NEW YORK. On July 30, 2013, I served a true copy of the annexed: VERIFIED ANSWER TO THIRD-PARTY COMPLAINT WITH CROSS-CLAIM AND DISCOVERY DEMANDS in the following manner upon: CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant/Third Party Plaintiff's EMPIRE CITY SUBWAY COMPANY (LIMITED) 48 Wall Street, 20" Floor New York, New York 10005 MICHAEL A, CARDOZO, ESQ. Attorneys for Defendants THE CITY OF NEW YORK 100 Church Street 4" Floor New York NY 10007 NEWMAN, MYERS KREINES GROSS HARRIS PC Attorneys for Defendant TIME WARNER CABLE INC 40 Wall Street 26" Floor New York NY 10005 LIGHT TOWER FIBER LLC Defendant in Person 111 Eighth Avenue New York, New York 10011 WESTMORELAND CONSTRUCTION INC. Defendant in Person 3640 Provost Avenue Bronx, New York 10466 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known addtess of the addresses as indicated above. , CARMEN RIVERA Sworn to before me r 31" day f July, 201 BARBARA A. HYNES of New York NOTARY PUB IC Notary Public - State 65 No. O1HY62179 Qualified in Kin gs County ’ My Commission Expires February 2! Index No. 152494/12 Year 2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JORGE GONZALEZ NOGUERA, Plaintiff(s) -against- ‘THE CITY OF NEW YORK AND EMPIRE CITY SUBWAY COMPANY LIMITED AND TIME WARNER CABLE, INC., Defendant(s). EMPIRE CITY SUBWAY COMPANY LIMITED, Third-Party Plaintiff(s), -against- MOBILITIE, LLC, LIGHT TOWER FIBER LLC AND WESTMORELAND CONSTRUCTION, INC., Third-Party Defendant(s). VERIFIED THIRD-P. COMP. INT WITH CRO: LAT and DISCOVERY DE ‘D: LAW OFFICES OF CRISCI, WEISER & MCCARTHY Attomey for Thitd-Patty Defendant(s) MOBILITE, LLC, 17 STATE STREET, 8T! FLOOR NEW YORK, NEW YORK 10004 (212)943-8940 FILE NO. 15-114212 - SLR Oo that the within is a (certified) teue copy ofa NOTICE OF entered in the office of the clerk the within named Court on ENTRY Oo that an Order of which the within is a true copy will be presented for settlement to the NOTICE OF Hon,