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Joy McDonald v. Karen Warner-Vandeburg et al CASE HAS BEEN CONSOLIDATE...

Docket 807858/2023E, New York State, Bronx County, Supreme Court
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7

Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 7 (N.Y. Sup. Ct., Bronx County Sep. 6, 2023)
Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “7” of the Verified Complaint and refer all questions of law to this Honorable Court.
Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “8” of the Verified Complaint and refer all questions of law to this Honorable Court.
Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “9” of the Verified Complaint and refer all questions of law to this Honorable Court.
Deny each and every allegation contained in paragraph “20” of the Verified Complaint except admits that the property known as 1008 East Gun Hill Road, Bronx, New York was owned by Joyce Mills-Kittrell on November 12, 2021.
In the event that plaintiff recovers judgment against these answering defendants and it is determined that plaintiff’s damages were caused in whole or in part by two or more joint tortfeasors, then defendants’ liability herein for non-economic loss may not exceed its equitable share of said damages in accordance with its relative culpability of all persons or entities contributing to the total liability for non-economical loss, including named parties and other whom plaintiff could have obtained personal jurisdiction with due diligence, as provided by Section 1601
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Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 2 (N.Y. Sup. Ct., Bronx County Aug. 11, 2023)
YORK 10469 (BLOCK 467, LOT 34), whereby said co-defendants agreed to indemnify and hold defendants harmless in the event any suit or claim for personal injuries, property damage and/or wrongful death was made as a result of the work being done pursuant to said agreement.
Duly executed, HIPAA compliant original authorizations to obtain the records with respect to any chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the with action.
PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby required to furnish to the undersigned within twenty (20) days of the service of this demand, authorizations to obtain full access to, and copies of, all of plaintiff’s current and historical Facebook, Instagram, Twitter, MySpace, SnapChat, and LinkedIn accounts for the period one (1) year prior to the date of loss in this matter, to the present.
PLEASE TAKE NOTICE that the defendants, KAREN WARNER-VANDEBURG and VERNON WARNER, hereby demand that the party having control of the device or instrumentality, or parts of the same the plaintiff alleges caused or contributed to his injuries be preserved until the trial of this action.
PLEASE TAKE NOTICE, that pursuant to CPLR §3120(a), you are hereby required to produce and permit discovery by defendants or their attorneys, Kowalski & DeVito, or someone acting on their behalf, of the product which is the subject matter of this lawsuit, at a date, and time to be designated.
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1

Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 1 (N.Y. Sup. Ct., Bronx County May. 19, 2023)
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Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 9 (N.Y. Sup. Ct., Bronx County Nov. 10, 2023)
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Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 8 (N.Y. Sup. Ct., Bronx County Sep. 6, 2023)
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Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 5 (N.Y. Sup. Ct., Bronx County Aug. 22, 2023)
the within true copy of the SUMMONS served deponent
Person of the State of New York or the United was in the military the defendant to was asked whether spoken service States and received reply.
Upon information a negative and belief based upon the conversation and observation as aforesaid deponent avers that the defendant is not in the military of the State of New York or the United States service that term is defined in the statutes of the State of New York or the Federal Soldiers and Sailors Civil Relief Act.
as the time of such service That at deponent described as the defendant/respondent knew the person in this action.
Sworn to me on: August 18, 2023 Linda Forman Notary Public, State of New York No. 01FO5031305 Qualified in New York County Commission Expires August 1, 2026 Robin Forman Notary Public, State of New York No. 01FO6125415 Qualified in New York County Commission Expires April 18, Gotham Process Inc. Lic.
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6

Document Joy McDonald v. Karen Warner-Vandeburg et al, 807858/2023E, 6 (N.Y. Sup. Ct., Bronx County Aug. 22, 2023)

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