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LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPE...

Docket 803701/2023E, New York State, Bronx County, Supreme Court
Myrna Socorro, presiding.
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 6 (N.Y. Sup. Ct., Bronx County Jun. 9, 2023)
Denies each and every allegation contained in Paragraph No. “3” of the plaintiff’s verified complaint except admit that on October 17, 2022, defendant BROOKFIELD was and still is a foreign limited liability company authorized to do business under and by virtue of the laws of the State of Delaware.
Denies each and every allegation contained in Paragraph No. “19” of the plaintiff’s verified complaint except admits that on about October 17, 2022 defendant BROOKFIELD, was performing certain work, labor and/or services at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
Denies each and every allegation contained in Paragraph No. “25” of the plaintiff’s verified complaint except admits that on or about October 17, 2022 certain work, labor and/or services was being performed at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph No. “27” of the plaintiff’s verified complaint and respectfully refer all questions of law to the determination of the Trial Court.
the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, social security payments, Workers' Compensation, employee benefits or other such programs, in accordance with the provisions of the CPLR §4545.
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 1 (N.Y. Sup. Ct., Bronx County Mar. 8, 2023)
That at all the times hereinafter alleged, and upon information and belief, prior to October 17, 2022, the Defendant, BROOKFIELD PROPERTIES DEVELOPER LLC, entered into an agreement and/or arrangement to provide and perform certain work, labor and/or services at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
That at all the times hereinafter alleged, and upon information and belief, prior to October 17, 2022, the Defendant, BROOKFIELD PROPERTIES DEVELOPER LLC, entered into a contract to provide and perform certain work, labor and/or services at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
That on or about October 17, 2022, and upon information and belief, the Defendant, BROOKFIELD PROPERTIES DEVELOPER LLC, was the general contractor for certain work, labor and/or services performed at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
That on or about October 17, 2022, and upon information and belief, the Defendant, BROOKFIELD PROPERTIES DEVELOPER LLC, by its agents, servants and employees directed, supervised and controlled all of the work and/or services performed at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
That at all the times hereinafter alleged, and upon information and belief, prior to October 17, 2022, the Defendant, BROOKFIELD PROPERTIES DEVELOPER LLC, hired various entities to provide and perform certain work, labor and/or services at the premises located at 101 Lincoln Avenue, County of Bronx, City and State of New York.
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 15 (N.Y. Sup. Ct., Bronx County Jun. 26, 2023)
A preliminary conference on this matter has been scheduled for July 26, 2023 at 11:00 AM Appearances are required in Courtroom 402 before Justice Myrna Socorro at the Bronx Supreme Court, 851 Grand Concourse, Bronx, New York 10451 on the above date and time.
Kindly familiarize yourself with Judge Socorros part rules which may be found on the Bronx Supreme Court's website.
Thank you.
FILED By Marlenny Rivera Page 1 of 1
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 14 (N.Y. Sup. Ct., Bronx County Jun. 22, 2023)
If none, leave blank.
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 12 (N.Y. Sup. Ct., Bronx County Jun. 22, 2023)
PLEAS}j _TAKE NOTICE, that pursuant to CPLR § 3101(f) you are hereby required to furnish to the undersigned, within ten (10) days copies of the following: a. With respect to any and all insurance in effect at the time of the occurrence complained of under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnity or reimburse for payments made to satisfy the judgment; b.
kind, type or description was in effect at the time of the occurrence complained of, then demand is " hereby rpade that the above-named party set forth, by affidavit, said claim.
~ opies ofg)fogress photographs, blueprints, construction job schematics, diagrams and shop drawings of the instrumentalities involved in and the location of the occurrence alleged in the Verified
Documents reflecting the names, addresses and current employment status of each employee present on the job site on the date of Plaintiffs accident.
Copies of any and all documents received by OSHA pertaining to the construction project, t for the period ofowo (2) years prior to and including Plaintiffs accident.
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 13 (N.Y. Sup. Ct., Bronx County Jun. 22, 2023)
The names, addresses and telephone numbers of all attorneys appearing in the action are as follows :
Sufia Aktar, being duly sworn, deposes and says: I am o .Jer 18 years of age, I am not a party to the action, and I reside in Queens County, - in the State of New York.
I served a true copy of the annexed REQUEST FOR JUDICIAL INTERVENTION < and REQUE$'!
FOR PRELIMINARY CONFERENCE on June 22, 2023, by mailing the ' same in a sealetl envelope, with postage prepaid thereon, in a post office or official depository of
Dr e, Esq. Christop e Notary Public of the State ofNew York License No. 02DR6405075 Expires 03/02/2024
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Document LUCERITO MONTENEGRO URIARTE v. BROOKFIELD PROPERTIES DEVELOPER LLC, 803701/2023E, 11 (N.Y. Sup. Ct., Bronx County Jun. 22, 2023)
COLLATERAL SOURCES: Plaintiff objects to this demand as it is improper, overbroad, vague and burdensome.
INCOME TAX RETURNS: Plaintiff object to this demand as it is improper, overbroad, and burdensome.
RESPO JSE TO CPLR §3017: Plaintiff will claim total damages in the amount of Twenty-Five Million ($25 ,000,000) dollars.
I, Sufia Aktar, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Queens County, in the State of New~Y ork.
sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S.
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