Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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YOHAY, PAUL VS ALLIED JAMAICA, LLC,
VERIFIED AMENDED
Plaintiff, THIRD PARTY ANSWER
-against- Law Dept. #: 2023-071174
ALLIED JAMAICA LLC, Index #: 711522/2023
Defendant.
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ALLIED JAMAICA LLC,
Third Party Plaintiff,
-against-
THE CITY OF NEW YORK AND NEW YORK CITY
DEPARTMENT OF CITYWIDE ADMINISTRATIVE
SERVICES,
Third Party Defendants.
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Third Party Defendants THE CITY OF NEW YORK, and THE CITY OF NEW
YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE
SERVICES, by upon HON. SYLVIA O. HINDS-RADIX, Corporation Counsel, answering the
third party complaint, allege information and belief:
1. Deny each and every allegation contained in the original plaintiff’s(s’)
complaint insofar as the same refer to, or may, in anywise affect the third party defendant(s).
2. Deny each and every allegation contained in the paragraph(s) designated 9,
13, 18-20, 25-28, 31-34, 37-38, 43-48 inclusive.
3. Deny knowledge or information sufficient to form a belief as to the truth of
any of the allegations contained in paragraph(s) designated 1, 15-17 inclusive.
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4. Deny each and every allegation contained in the paragraph(s) designated 10,
11 except that the third party defendant(s) admit(s) receipt of a copy of the original plaintiff’s(s’)
complaint herein and respectfully refer(s) to said complaint for its answer.
5. Deny each allegation set forth in paragraph(s) 2-8, inclusive, except that the
City of New York is a municipal corporation which maintains Department of Citywide
Administrative Services pursuant to law.
6. Deny each and every allegation contained in the paragraph(s) designated 14,
22, 30, 36, 40 inclusive except as otherwise pleaded herein.
7. Deny each and every allegation contained in the paragraph(s) designated 12
inclusive insofar as the same refer to, or may, in anywise affect the third party defendant(s)
answering hereby.
8. Deny each allegation set forth in paragraph(s) designated 21, 23, 24, 29, 35,
39, 41, 42, 49 inclusive, as the same are conclusory and evidentiary and present questions of law
and fact which should be reserved for decision at the trial of this action.
AS AND FOR AN AFFIRMATIVE DEFENSE
THE THIRD PARTY DEFENDANT(S)
ALLEGE(S):
9. The injuries and/or damages alleged to have been sustained by the third party
plaintiff(s) were caused in whole or in part by and arose out of the third party plaintiff(s) culpable
conduct.
10. The injuries and/or damages alleged to have been sustained by the plaintiff(s)
were caused in whole or in part by the culpable conduct of the said plaintiff(s).
11. Third party defendant(s) are immune from suit for their exercise of discretion
in the performance of a governmental function and/or their exercise of professional judgment.
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12. Upon information and belief the injuries or damages alleged in the third party
complaint were or may have been caused in whole or in part by parties now or hereafter to be
named as co-defendant(s) or third-party defendant(s) and accordingly the liability of the below-
named answering defendant(s) and/or third-party defendant(s) is/are or may be limited by the
provisions of Article 16 CPLR.
13. That any sums or consideration paid or promised to plaintiff by any person(s)
or corporation(s) claimed to be liable for the injuries or damages alleged in the third party complaint
shall reduce any judgment rendered in favor of plaintiff as against this third-party defendant(s) to
the extent of the greater of either the sums or consideration paid or promised to plaintiff or the
amount of the released tortfeasor’s(s’) equitable share(s) of the damages in accordance with General
Obligation Law § 15-108.
14. This third party action is barred by reason of the fact that Worker's
Compensation is the exclusive remedy of the plaintiff(s).
AS AND FOR A COUNTER-CLAIM AGAINST
ALLIED JAMAICA LLC THIRD PARTY
DEFENDANT(S) THE CITY OF NEW YORK,
AND THE CITY OF NEW YORK S/H/A NEW
YORK CITY DEPARTMENT OF CITYWIDE
ADMINISTRATIVE SERVICES,
UPON INFORMATION AND BELIEF,
ALLEGE(S) AS FOLLOWS:
15. That if the third party plaintiff(s) sustain(s) damages as alleged in the third
party plaintiff’s(s) third party complaint through negligence other than third party plaintiff’s(s) own
negligence, said damages were sustained due to the negligent acts of omission or commission of the
defendant(s) above named.
FURTHER, if the third party plaintiff should recover judgment against this (these)
third party defendant(s) then the defendant(s) above named shall be held liable to this (these) third
party defendant(s) for the full amount of said judgment or, on the basis of apportionment of
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responsibility for the alleged occurrence, this (these) third party defendant(s) is/are entitled to
indemnification and/or contractual indemnification from and judgment over and against the
defendant(s) above named for all or any part of any verdict or judgment which the third party
plaintiff(s) may recover, or in such amounts as a jury or court may direct.
THAT by reason of this action this (these) third party defendant(s) has/have been and
will be put to costs and expenses including attorneys’ fees.
WHEREFORE, this (these) third party defendant(s) demand(s) judgment dismissing
the third party plaintiff’s(s’) third party complaint and further demand(s) judgment over and against
the defendant(s) above named for the full amount of any judgment obtained by the third party
plaintiff(s) against this (these) third party defendant(s) or, on the basis or apportionment of
responsibility, for indemnification and/or contractual indemnification from the judgment over and
against this (these) third party defendant(s) for all or any part of any verdict or judgment which the
third party plaintiff(s) may recover against this (these) third party defendant(s), or in such amounts
as a jury or a court may direct, together with the costs and disbursements of this third party action
and any expenses incurred in the defense thereof.
Dated: New York, New York
APRIL 19, 2024
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Third Party Defendant THE CITY OF
NEW YORK, and THE CITY OF NEW YORK S/H/A
NEW YORK CITY DEPARTMENT OF CITYWIDE
ADMINISTRATIVE SERVICES,
100 Church Street
New York, New York 10007
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Index #: 711522/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
YOHAY, PAUL VS ALLIED JAMAICA, LLC,
Plaintiff,
-against-
ALLIED JAMAICA LLC,
Defendant.
ALLIED JAMAICA LLC,
Third Party Plaintiff,
-against-
THE CITY OF NEW YORK AND NEW YORK CITY
DEPARTMENT OF CITYWIDE ADMINISTRATIVE
SERVICES,
Third Party Defendants
COMBINED DEMAND FOR
BILL OF PARTICULARS AND DISCOVERY
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Third Party Defendant THE
CITY OF NEW YORK, and THE CITY
OF NEW YORK S/H/A NEW YORK
CITY DEPARTMENT OF CITYWIDE
ADMINISTRATIVE SERVICES,
Law Dept. #: 2023-071174
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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YOHAY, PAUL VS ALLIED JAMAICA, LLC,
COMBINED DEMAND FOR
Plaintiff, BILL OF PARTICULARS &
DISCOVERY
-against-
Law Dept. #: 2023-071174
ALLIED JAMAICA LLC,
Index #: 711522/2023
Defendant.
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ALLIED JAMAICA LLC,
Third Party Plaintiff,
-against-
THE CITY OF NEW YORK AND NEW YORK CITY
DEPARTMENT OF CITYWIDE ADMINISTRATIVE
SERVICES,
Third Party Defendants.
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PLEASE TAKE NOTICE that you are required, within 20 days after service of
this notice upon you, to serve upon the attorney for the third party defendant, THE CITY OF
NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF
CITYWIDE ADMINISTRATIVE SERVICES, a verified bill of particulars, setting forth in
detail the following particulars, pursuant to Rule 3043 of the Civil Practice Law and Rules:
1. State the acts or omissions constituting the affirmative negligence of the
third party defendant, THE CITY OF NEW YORK, and THE CITY OF
NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF
CITYWIDE ADMINISTRATIVE SERVICES, as the basis for the third
party complaint against it.
2. Submit a copy of plaintiff’s(s’) Bill of Particulars.
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DEMAND FOR DISCOVERY & INSPECTION
PLEASE TAKE FURTHER NOTICE that within 30 days following service of this
demand you are requested pursuant to CPLR Article 31 to produce for discovery and inspection at
the Office of the Corporation Counsel, the following items, except that, if at present you don’t know
the information requested, or if the requested documents are not within your possession or control,
please so state, in which event you are requested to furnish same within 30 days after such
information first becomes known to you, or such documents come into your possession or control:
WITNESSES
1. Please furnish the name and address of, or a description reasonably sufficient
to identify each person you believe may have been a witness to the occurrence of the injuries (or
damages) alleged in the complaint.
2. Please furnish the name and address of, or a description reasonably sufficient
to identify each person you believe may have been a witness to the physical condition of the place
where the injuries (or damages) alleged in the complaint occurred, prior to the occurrence thereof.
3. Please furnish the name, address and qualifications of each expert witness
whom you expect to call at trial, stating in reasonable detail the subject matter and substance of the
facts and opinions on which each expert is expected to testify, and set forth a summary of the
grounds for each such opinion.
4. If any sum has been paid or promised to plaintiff(s) by any person claimed to
be liable (within the meaning of § 15-108, General Obligations Law) for any of the injuries (or
damages) alleged in the complaint, or if any cost, expense, loss of earnings, or other economic loss
was, or will be with reasonable certainty replaced or indemnified, in whole or in part, by a collateral
source (within the meaning of CPLR 4545), please set forth the name and address of the person,
corporation, insurance company or other entity making such payment or promise, or providing such
collateral source, and state the amount(s) which have been or will be with reasonable certainty
received by plaintiff(s).
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5. Please furnish the name and address of, or a description reasonably sufficient
to identify each defendant (or employee of a defendant) you believe may have given an oral or
written statement about the occurrence of the injuries (or damages) alleged in the complaint, or any
defendant’s responsibility therefore.
DOCUMENTS
6. Please furnish a copy of each document you believe may have been prepared
by an employee of the City of New York, the Board of Education of the City of New York, or the
New York City Health and Hospitals Corporation concerning the occurrence of the injuries (or
damages) alleged in the complaint, or any defendant’s responsibility therefor, including any
statement made by an employee identified in response to Item 5, above, and any note, memorandum
or recording of an oral statement.
7. Please furnish a copy of each claim, or complaint, made by plaintiff(s) for
insurance, worker’s compensation, pension or automobile no-fault benefits, or for money damages
concerning the occurrence of the injuries (or damages) alleged in the complaint, except any claim
made herein.
8. Please furnish a copy of any transcript of testimony given by, or on behalf of
plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint, except
any testimony given herein.
9. Please furnish a copy of each accident report, if any, made by or on behalf of
plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint.
10. Please furnish a copy of each bill, receipt or promise to pay for any cost or
expense concerning the injuries (or damages) alleged in the complaint and claimed as damages
herein.
11. Please furnish a copy of any written notice, Big Apple Corporation map or
other document purportedly furnished to defendant(s) and giving notice of a defective or dangerous
condition at the place where the injuries (or damages) alleged in the complaint occurred, prior to the
occurrence thereof, including any note or memorandum of an oral statement, if any.
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12. Please furnish a reasonably clear copy of each photograph depicting the place
where the injuries (or damages) alleged in the complaint occurred and taken at or about the time of
occurrence thereof.
13. Please furnish a reasonably clear copy of each photograph of the plaintiff
upon which plaintiff will rely in proof of damages at trial.
14. In any action for injuries, including death, allegedly sustained by a spouse,
child or other family member of a plaintiff, please furnish a copy of each marriage, birth and death
certificate, as applicable.
15. In any representative action, please furnish a copy of the court order
appointing the representative.
16. With respect to any earnings (or profits) claimed to have been lost as a result
of the injuries (or damages) alleged in the complaint, please furnish a copy of each state and each
federal income tax return, together with attachments, filed by, or on behalf of plaintiff(s) for the
year in which the said injuries (or damages) occurred and for each of the two proceeding years.
17. In any action for wrongful death, please furnish a copy of the federal estate
tax return filed for decedent’s estate, and a copy of each federal income tax return filed by, or on
behalf of the decedent for each of the two years before death.
MEDICAL REPORTS
18. Please furnish a copy of each doctor’s report referring to any physical,
psychiatric or psychological examination of plaintiff(s) conducted AFTER the occurrence of the
injuries alleged in the complaint and reasonably related thereto.
19. Please furnish a copy of each doctor’s report referring to any physical,
psychiatric or psychological examination of plaintiff(s) conducted BEFORE the occurrence of the
injuries alleged in the complaint and reasonably related thereto.
AUTHORIZATIONS
20. Please furnish duly executed authorizations permitting the Office of the
Corporation Counsel to examine and copy each hospital record referring to any physical, psychiatric
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or psychological treatment of plaintiff(s) for the injuries alleged in the complaint, or any treatment
reasonably related thereto.
21. In any action by or on behalf of a student, please furnish duly executed
authorizations permitting the Office of the Corporation Counsel to examine and copy the school,
attendance and health records of the plaintiff(s) on file at the school(s) attended at the time of the
occurrence and thereafter.
22. In any action for false arrest, malicious prosecution or other alleged police
misconduct, please furnish duly executed authorizations permitting the Office of the Corporation
Counsel to examine and copy the records, transcripts and certificates of disposition of any criminal
proceedings concerning the occurrence of the injuries (or damages) alleged in the complaint.
OTHER PARTIES
23. Please furnish the name and address of the attorney(s) who have appeared in
this action.
24. Please furnish the names of the parties, the court, and the index number of
each other action, if any, commenced by or on behalf of plaintiff(s) concerning any of the injuries
(or damages) alleged in the complaint.
PLEASE TAKE FURTHER NOTICE that these are continuing demands, and that
defendant(s) reserve the right to seek any and all sanctions for your failure to permit discovery
pursuant hereto; if you have any questions regarding these demands please call the appropriate
borough office, as follows: Bronx County (718) 590-3487; Kings County (718) 222-2000, New
York County (212) 788-0647, Queens County (718) 206-4731, and Richmond County, (718) 447-
5983, referring to the Law Department File number (set forth on the cover).
Dated: New York, New York
April 19, 2024
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HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Third Party Defendant THE CITY OF
NEW YORK, and THE CITY OF NEW YORK S/H/A
NEW YORK CITY DEPARTMENT OF CITYWIDE
ADMINISTRATIVE SERVICES,
100 Church Street
New York, New York 10007
TO:
KENNEDYS CMK LLP
the attorney(s) for Third Party Plaintiff
570 LEXINGTON AVENUE, 8TH FLOOR
NEW YORK, NY 10022
THE DEARIE LAW FIRM, P.C.
the attorney(s) for Plaintiff(s)
120 WEST 45TH STREET, 16TH FLOOR
NEW YORK, NY 10036
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VERIFICATION
JON MARTINO an attorney admitted to practice before the Courts of the State of New York, affirms pursuant to
Rule 2106 of the Civil Practice Laws and Rules: affirmant is an employee of the Office of the Corporation Counsel;
that affirmant has read the foregoing third party answer, cross-claim(s) and counterclaim(s), if any, and knows the
contents thereof; that the same are true to affirmant's own knowledge, except as to the matters alleged upon
information and belief, which affirmant believes to be true based upon the files, books and records maintained by
The City of New York, New York City Health and Hospitals Corporation or the New York City Board/Department
of Education, and the officers or agents thereof; and further swears that on this date he/she served said answer,
cross-claim(s) and counterclaim(s), if any, together with the accompanying combined demands for particulars and
discovery upon:
KENNEDYS CMK LLP
the attorney(s) for Third Party Plaintiff
570 LEXINGTON AVENUE, 8TH FLOOR
NEW YORK, NY 10022
THE DEARIE LAW FIRM, P.C.
the attorney(s) for Plaintiff(s)
120 WEST 45TH STREET, 16TH FLOOR
NEW YORK, NY 10036
by e-filing the instant document on the NYSCEF.
Dated: New York, New York Digitally signed
April 19, 2024 Jon by Jon Martino
Date:
Martino 2024.04.19
11:03:35 -04'00'
JON MARTINO
STIPULATION/CERTIFICATION
IT IS HEREBY STIPULATED AND AGREED, that at any time prior to the filing of a note of issue in this action,
third party plaintiff(s) may amend the third party complaint to name additional third party defendants herein,
provided that such additional third party defendants shall not include the City of New York, the Board/Department
of Education, Health & Hospitals Corporation, City University of New York, or any of their respective departments,
subdivisions or employees, nor any other person entitled to defense or indemnification by the City of New York.
The signature below shall constitute the signature required pursuant to NYCRR 130-1.1-a and pertains to all of the
enclosed documents: third party answer, cross-claim(s) and counter-claims(s), if any, together with the
accompanying combined demands for particulars and discovery.
Dated: New York, New York
Jon Digitally signed
by Jon Martino
April 19, 2024 Martino Date: 2024.04.19
11:03:50 -04'00'
By:
JON MARTINO
Assistant Corporation Counsel
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Please do not send correspondence to the above named individual unless otherwise
directed. See Third Party Answer back for additional contact information.
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Index #: 711522/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
YOHAY, PAUL VS ALLIED JAMAICA, LLC,
Plaintiff,
-against-
ALLIED JAMAICA LLC,
Defendant.
ALLIED JAMAICA LLC,
Third Party Plaintiff,
-against-
THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT
OF CITYWIDE ADMINISTRATIVE SERVICES,
Third Party Defendant
VERIFIED AMENDED THIRD PARTY ANSWER
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Attorney for Third Party Defendants THE CITY OF NEW
YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY
DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES,
100 Church Street
New York, New York 10007
Pleadings Unit (appearances & amendments)
(212) 788-0499
Early Intervention Unit (settlements – all Boroughs)
(212) 788-1215
All Other Matters (by county of venue)
(718) 590-3487 (EBT's-3971) (Bronx)
(718) 222-2000 (EBT's-2069) (Kings)
(212) 788-0646 (EBT's-0628) (New York)
(718) 206-4731 (EBT's (718) 206-4703) (Queens)
(718) 447-5983 (EBT's-5985) (Richmond)
Please refer to the following Law Dept. #: 2023-071174
and indicate the County in which the action is pending in all papers,
correspondence and other communications with respect thereto.
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Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------- x YOHAY, PAUL VS ALLIED JAMAICA, LLC, VERIFIED AMENDED Plaintiff, THIRD PARTY ANSWER -against- Law Dept. #: 2023-071174 ALLIED JAMAICA LLC, Index #: 711522/2023 Defendant. --------------------------------------------------------------------- x ALLIED JAMAICA LLC, Third Party Plaintiff, -against- THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Third Party Defendants. --------------------------------------------------------------------- x Third Party Defendants THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, by upon HON. SYLVIA O. HINDS-RADIX, Corporation Counsel, answering the third party complaint, allege information and belief: 1. Deny each and every allegation contained in the original plaintiff’s(s’) complaint insofar as the same refer to, or may, in anywise affect the third party defendant(s). 2. Deny each and every allegation contained in the paragraph(s) designated 9, 13, 18-20, 25-28, 31-34, 37-38, 43-48 inclusive. 3. Deny knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in paragraph(s) designated 1, 15-17 inclusive. 1 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 4. Deny each and every allegation contained in the paragraph(s) designated 10, 11 except that the third party defendant(s) admit(s) receipt of a copy of the original plaintiff’s(s’) complaint herein and respectfully refer(s) to said complaint for its answer. 5. Deny each allegation set forth in paragraph(s) 2-8, inclusive, except that the City of New York is a municipal corporation which maintains Department of Citywide Administrative Services pursuant to law. 6. Deny each and every allegation contained in the paragraph(s) designated 14, 22, 30, 36, 40 inclusive except as otherwise pleaded herein. 7. Deny each and every allegation contained in the paragraph(s) designated 12 inclusive insofar as the same refer to, or may, in anywise affect the third party defendant(s) answering hereby. 8. Deny each allegation set forth in paragraph(s) designated 21, 23, 24, 29, 35, 39, 41, 42, 49 inclusive, as the same are conclusory and evidentiary and present questions of law and fact which should be reserved for decision at the trial of this action. AS AND FOR AN AFFIRMATIVE DEFENSE THE THIRD PARTY DEFENDANT(S) ALLEGE(S): 9. The injuries and/or damages alleged to have been sustained by the third party plaintiff(s) were caused in whole or in part by and arose out of the third party plaintiff(s) culpable conduct. 10. The injuries and/or damages alleged to have been sustained by the plaintiff(s) were caused in whole or in part by the culpable conduct of the said plaintiff(s). 11. Third party defendant(s) are immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. 2 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 12. Upon information and belief the injuries or damages alleged in the third party complaint were or may have been caused in whole or in part by parties now or hereafter to be named as co-defendant(s) or third-party defendant(s) and accordingly the liability of the below- named answering defendant(s) and/or third-party defendant(s) is/are or may be limited by the provisions of Article 16 CPLR. 13. That any sums or consideration paid or promised to plaintiff by any person(s) or corporation(s) claimed to be liable for the injuries or damages alleged in the third party complaint shall reduce any judgment rendered in favor of plaintiff as against this third-party defendant(s) to the extent of the greater of either the sums or consideration paid or promised to plaintiff or the amount of the released tortfeasor’s(s’) equitable share(s) of the damages in accordance with General Obligation Law § 15-108. 14. This third party action is barred by reason of the fact that Worker's Compensation is the exclusive remedy of the plaintiff(s). AS AND FOR A COUNTER-CLAIM AGAINST ALLIED JAMAICA LLC THIRD PARTY DEFENDANT(S) THE CITY OF NEW YORK, AND THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, UPON INFORMATION AND BELIEF, ALLEGE(S) AS FOLLOWS: 15. That if the third party plaintiff(s) sustain(s) damages as alleged in the third party plaintiff’s(s) third party complaint through negligence other than third party plaintiff’s(s) own negligence, said damages were sustained due to the negligent acts of omission or commission of the defendant(s) above named. FURTHER, if the third party plaintiff should recover judgment against this (these) third party defendant(s) then the defendant(s) above named shall be held liable to this (these) third party defendant(s) for the full amount of said judgment or, on the basis of apportionment of 3 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 responsibility for the alleged occurrence, this (these) third party defendant(s) is/are entitled to indemnification and/or contractual indemnification from and judgment over and against the defendant(s) above named for all or any part of any verdict or judgment which the third party plaintiff(s) may recover, or in such amounts as a jury or court may direct. THAT by reason of this action this (these) third party defendant(s) has/have been and will be put to costs and expenses including attorneys’ fees. WHEREFORE, this (these) third party defendant(s) demand(s) judgment dismissing the third party plaintiff’s(s’) third party complaint and further demand(s) judgment over and against the defendant(s) above named for the full amount of any judgment obtained by the third party plaintiff(s) against this (these) third party defendant(s) or, on the basis or apportionment of responsibility, for indemnification and/or contractual indemnification from the judgment over and against this (these) third party defendant(s) for all or any part of any verdict or judgment which the third party plaintiff(s) may recover against this (these) third party defendant(s), or in such amounts as a jury or a court may direct, together with the costs and disbursements of this third party action and any expenses incurred in the defense thereof. Dated: New York, New York APRIL 19, 2024 HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Third Party Defendant THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, 100 Church Street New York, New York 10007 4 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 Index #: 711522/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS YOHAY, PAUL VS ALLIED JAMAICA, LLC, Plaintiff, -against- ALLIED JAMAICA LLC, Defendant. ALLIED JAMAICA LLC, Third Party Plaintiff, -against- THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Third Party Defendants COMBINED DEMAND FOR BILL OF PARTICULARS AND DISCOVERY HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Third Party Defendant THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Law Dept. #: 2023-071174 100 Church Street New York, New York 10007 5 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------- x YOHAY, PAUL VS ALLIED JAMAICA, LLC, COMBINED DEMAND FOR Plaintiff, BILL OF PARTICULARS & DISCOVERY -against- Law Dept. #: 2023-071174 ALLIED JAMAICA LLC, Index #: 711522/2023 Defendant. --------------------------------------------------------------------- x ALLIED JAMAICA LLC, Third Party Plaintiff, -against- THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Third Party Defendants. --------------------------------------------------------------------- x PLEASE TAKE NOTICE that you are required, within 20 days after service of this notice upon you, to serve upon the attorney for the third party defendant, THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, a verified bill of particulars, setting forth in detail the following particulars, pursuant to Rule 3043 of the Civil Practice Law and Rules: 1. State the acts or omissions constituting the affirmative negligence of the third party defendant, THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, as the basis for the third party complaint against it. 2. Submit a copy of plaintiff’s(s’) Bill of Particulars. 6 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 DEMAND FOR DISCOVERY & INSPECTION PLEASE TAKE FURTHER NOTICE that within 30 days following service of this demand you are requested pursuant to CPLR Article 31 to produce for discovery and inspection at the Office of the Corporation Counsel, the following items, except that, if at present you don’t know the information requested, or if the requested documents are not within your possession or control, please so state, in which event you are requested to furnish same within 30 days after such information first becomes known to you, or such documents come into your possession or control: WITNESSES 1. Please furnish the name and address of, or a description reasonably sufficient to identify each person you believe may have been a witness to the occurrence of the injuries (or damages) alleged in the complaint. 2. Please furnish the name and address of, or a description reasonably sufficient to identify each person you believe may have been a witness to the physical condition of the place where the injuries (or damages) alleged in the complaint occurred, prior to the occurrence thereof. 3. Please furnish the name, address and qualifications of each expert witness whom you expect to call at trial, stating in reasonable detail the subject matter and substance of the facts and opinions on which each expert is expected to testify, and set forth a summary of the grounds for each such opinion. 4. If any sum has been paid or promised to plaintiff(s) by any person claimed to be liable (within the meaning of § 15-108, General Obligations Law) for any of the injuries (or damages) alleged in the complaint, or if any cost, expense, loss of earnings, or other economic loss was, or will be with reasonable certainty replaced or indemnified, in whole or in part, by a collateral source (within the meaning of CPLR 4545), please set forth the name and address of the person, corporation, insurance company or other entity making such payment or promise, or providing such collateral source, and state the amount(s) which have been or will be with reasonable certainty received by plaintiff(s). 7 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 5. Please furnish the name and address of, or a description reasonably sufficient to identify each defendant (or employee of a defendant) you believe may have given an oral or written statement about the occurrence of the injuries (or damages) alleged in the complaint, or any defendant’s responsibility therefore. DOCUMENTS 6. Please furnish a copy of each document you believe may have been prepared by an employee of the City of New York, the Board of Education of the City of New York, or the New York City Health and Hospitals Corporation concerning the occurrence of the injuries (or damages) alleged in the complaint, or any defendant’s responsibility therefor, including any statement made by an employee identified in response to Item 5, above, and any note, memorandum or recording of an oral statement. 7. Please furnish a copy of each claim, or complaint, made by plaintiff(s) for insurance, worker’s compensation, pension or automobile no-fault benefits, or for money damages concerning the occurrence of the injuries (or damages) alleged in the complaint, except any claim made herein. 8. Please furnish a copy of any transcript of testimony given by, or on behalf of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint, except any testimony given herein. 9. Please furnish a copy of each accident report, if any, made by or on behalf of plaintiff(s) concerning the occurrence of the injuries (or damages) alleged in the complaint. 10. Please furnish a copy of each bill, receipt or promise to pay for any cost or expense concerning the injuries (or damages) alleged in the complaint and claimed as damages herein. 11. Please furnish a copy of any written notice, Big Apple Corporation map or other document purportedly furnished to defendant(s) and giving notice of a defective or dangerous condition at the place where the injuries (or damages) alleged in the complaint occurred, prior to the occurrence thereof, including any note or memorandum of an oral statement, if any. 8 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 12. Please furnish a reasonably clear copy of each photograph depicting the place where the injuries (or damages) alleged in the complaint occurred and taken at or about the time of occurrence thereof. 13. Please furnish a reasonably clear copy of each photograph of the plaintiff upon which plaintiff will rely in proof of damages at trial. 14. In any action for injuries, including death, allegedly sustained by a spouse, child or other family member of a plaintiff, please furnish a copy of each marriage, birth and death certificate, as applicable. 15. In any representative action, please furnish a copy of the court order appointing the representative. 16. With respect to any earnings (or profits) claimed to have been lost as a result of the injuries (or damages) alleged in the complaint, please furnish a copy of each state and each federal income tax return, together with attachments, filed by, or on behalf of plaintiff(s) for the year in which the said injuries (or damages) occurred and for each of the two proceeding years. 17. In any action for wrongful death, please furnish a copy of the federal estate tax return filed for decedent’s estate, and a copy of each federal income tax return filed by, or on behalf of the decedent for each of the two years before death. MEDICAL REPORTS 18. Please furnish a copy of each doctor’s report referring to any physical, psychiatric or psychological examination of plaintiff(s) conducted AFTER the occurrence of the injuries alleged in the complaint and reasonably related thereto. 19. Please furnish a copy of each doctor’s report referring to any physical, psychiatric or psychological examination of plaintiff(s) conducted BEFORE the occurrence of the injuries alleged in the complaint and reasonably related thereto. AUTHORIZATIONS 20. Please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy each hospital record referring to any physical, psychiatric 9 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 or psychological treatment of plaintiff(s) for the injuries alleged in the complaint, or any treatment reasonably related thereto. 21. In any action by or on behalf of a student, please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy the school, attendance and health records of the plaintiff(s) on file at the school(s) attended at the time of the occurrence and thereafter. 22. In any action for false arrest, malicious prosecution or other alleged police misconduct, please furnish duly executed authorizations permitting the Office of the Corporation Counsel to examine and copy the records, transcripts and certificates of disposition of any criminal proceedings concerning the occurrence of the injuries (or damages) alleged in the complaint. OTHER PARTIES 23. Please furnish the name and address of the attorney(s) who have appeared in this action. 24. Please furnish the names of the parties, the court, and the index number of each other action, if any, commenced by or on behalf of plaintiff(s) concerning any of the injuries (or damages) alleged in the complaint. PLEASE TAKE FURTHER NOTICE that these are continuing demands, and that defendant(s) reserve the right to seek any and all sanctions for your failure to permit discovery pursuant hereto; if you have any questions regarding these demands please call the appropriate borough office, as follows: Bronx County (718) 590-3487; Kings County (718) 222-2000, New York County (212) 788-0647, Queens County (718) 206-4731, and Richmond County, (718) 447- 5983, referring to the Law Department File number (set forth on the cover). Dated: New York, New York April 19, 2024 10 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Third Party Defendant THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, 100 Church Street New York, New York 10007 TO: KENNEDYS CMK LLP the attorney(s) for Third Party Plaintiff 570 LEXINGTON AVENUE, 8TH FLOOR NEW YORK, NY 10022 THE DEARIE LAW FIRM, P.C. the attorney(s) for Plaintiff(s) 120 WEST 45TH STREET, 16TH FLOOR NEW YORK, NY 10036 11 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 VERIFICATION JON MARTINO an attorney admitted to practice before the Courts of the State of New York, affirms pursuant to Rule 2106 of the Civil Practice Laws and Rules: affirmant is an employee of the Office of the Corporation Counsel; that affirmant has read the foregoing third party answer, cross-claim(s) and counterclaim(s), if any, and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the matters alleged upon information and belief, which affirmant believes to be true based upon the files, books and records maintained by The City of New York, New York City Health and Hospitals Corporation or the New York City Board/Department of Education, and the officers or agents thereof; and further swears that on this date he/she served said answer, cross-claim(s) and counterclaim(s), if any, together with the accompanying combined demands for particulars and discovery upon: KENNEDYS CMK LLP the attorney(s) for Third Party Plaintiff 570 LEXINGTON AVENUE, 8TH FLOOR NEW YORK, NY 10022 THE DEARIE LAW FIRM, P.C. the attorney(s) for Plaintiff(s) 120 WEST 45TH STREET, 16TH FLOOR NEW YORK, NY 10036 by e-filing the instant document on the NYSCEF. Dated: New York, New York Digitally signed April 19, 2024 Jon by Jon Martino Date: Martino 2024.04.19 11:03:35 -04'00' JON MARTINO STIPULATION/CERTIFICATION IT IS HEREBY STIPULATED AND AGREED, that at any time prior to the filing of a note of issue in this action, third party plaintiff(s) may amend the third party complaint to name additional third party defendants herein, provided that such additional third party defendants shall not include the City of New York, the Board/Department of Education, Health & Hospitals Corporation, City University of New York, or any of their respective departments, subdivisions or employees, nor any other person entitled to defense or indemnification by the City of New York. The signature below shall constitute the signature required pursuant to NYCRR 130-1.1-a and pertains to all of the enclosed documents: third party answer, cross-claim(s) and counter-claims(s), if any, together with the accompanying combined demands for particulars and discovery. Dated: New York, New York Jon Digitally signed by Jon Martino April 19, 2024 Martino Date: 2024.04.19 11:03:50 -04'00' By: JON MARTINO Assistant Corporation Counsel 12 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 Please do not send correspondence to the above named individual unless otherwise directed. See Third Party Answer back for additional contact information. 13 of 14 FILED: QUEENS COUNTY CLERK 04/19/2024 11:06 AM INDEX NO. 711522/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 04/19/2024 Index #: 711522/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS YOHAY, PAUL VS ALLIED JAMAICA, LLC, Plaintiff, -against- ALLIED JAMAICA LLC, Defendant. ALLIED JAMAICA LLC, Third Party Plaintiff, -against- THE CITY OF NEW YORK AND NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Third Party Defendant VERIFIED AMENDED THIRD PARTY ANSWER HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Attorney for Third Party Defendants THE CITY OF NEW YORK, and THE CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, 100 Church Street New York, New York 10007 Pleadings Unit (appearances & amendments) (212) 788-0499 Early Intervention Unit (settlements – all Boroughs) (212) 788-1215 All Other Matters (by county of venue) (718) 590-3487 (EBT's-3971) (Bronx) (718) 222-2000 (EBT's-2069) (Kings) (212) 788-0646 (EBT's-0628) (New York) (718) 206-4731 (EBT's (718) 206-4703) (Queens) (718) 447-5983 (EBT's-5985) (Richmond) Please refer to the following Law Dept. #: 2023-071174 and indicate the County in which the action is pending in all papers, correspondence and other communications with respect thereto. 14 of 14