Preview
FILED: NEW YORK COUNTY CLERK 11/15/2022 06:05 PM INDEX NO. 153366/2017
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/15/2022
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 09/25/2017
11/15/2022 05:03
06:05 PM INDEX NO. 153366/2017
NYSCEF DOC. NO. 31
113 RECEIVED NYSCEF: 09/25/2017
11/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA, VERIFIED ANSWER
Plaintiff,
- against -
135 WEST 52ND STREET OWNER LLC; THE
CHETRIT GROUP LLC; NEW LINE STRUCTURES,
INC.; CR SAFETY AND CONSTRUCTION;
CONSTRUCTION AND REALTY SERVICES GROUP,
INC. and SAFETY SQUAD, INC.,
Defendants.
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Defendant, SAFETY SQUAD, INC. by and through their attorneys, the Law Offices of
Charles J. Siegel, answering the verified complaint of the plaintiff herein, alleges upon
information and belief:
AS AND FOR A FRIST CAUSE OF ACTION
FIRST: Denies any knowledge or information sufficient to form a belief as to paragraphs
designated “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”,
“17”, “18”, “19”, “20”, “21”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”,
“36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”,
“51”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”,
68”, “69”, “70”, “71”, “72”, “73”, “74”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”,
“93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”,
“107”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”,
“120”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “134”, “135”, “136”, “137”, “138”,
“139”, “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”,
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“152”, “153”, “154”, “155”, “156”, “157”, “158”, “159”, “204”, “205”, “206”, “207”, “208”,
“209”, “210”, “211”, “212”, “213”, “214”, “215”, “216”, “217”, “218”, “219”, “220”, “221”,
“222”, “224”, “225”, “226”, “227”, “228”, “241”, “242”, “243” and “244” of the verified
complaint.
SECOND: Admit paragraph designated “22” of the verified complaint.
THIRD: Deny paragraph designated “23” of the verified complaint, except admit
defendant SAFETY SQUAD, INC. was and still is a domestic business corporation duly
organized, existing and authorized by the laws of the State of New York to do business in the
State of New York.
FOURTH: Denies paragraphs designated “24”, “75”, “76”, 77”, “78”, “79”, “80”, “81”,
“82”, “83”, “128”, “129”, “130”, “131”, “132”, “133”, “160”, “161”, “162”, “163”, “164”,
“165”, “168”, “169”, “170”, “176”, “177”, “178”, “179”, “180”, “181”, “182”, “183”, “184”,
“185”, “186”, “187”, “188”, “189”, “190”, “191”, “192”, “193”, “194”, “195”, “196”, “197”,
“198”, “199”, “200”, “201”, “202”, “203” and “239” of the verified complaint.
FIFTH: Denies paragraphs designated “166”, “167” and “172” of the verified complaint,
except admit defendant SAFETY SQUAD, INC. prepared certain materials in relation to certain
construction work at the location of the incident.
SIXTH: Denies paragraphs designated “171”, “223”, “229”, “230”, “231”, “232”, “233”,
“234”, “235”, “236”, “237”, “238”, “240”, “245” and “246” of the verified complaint and refers
all questions of law to the Court at the time of trial.
SEVENTH: Denies any knowledge or information sufficient to form a belief as to
paragraphs designated “173” of the verified complaint and refers to the agreement for its terms.
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EIGHTH: Denies paragraphs designated “174” and “175” of the verified complaint
except admit 135 West 52nd Street Owner LLC hired Safety Squad to prepare certain materials in
relation to certain work at the location of the incident.
AS AND FOR A SECOND CAUSE OF ACTION
NINTH: The defendant repeats and reiterates all the admissions and denials contained in
the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph
“247” of the verified complaint.
TENTH: Deny any knowledge or information sufficient to form a belief as to paragraph
designated “248” of the verified complaint and refers all questions of law to the Court at the time
of trial.
ELEVENTH: Denies paragraphs designated “249”, “250”, “251”, “252”, “253”, “254”
and “255” of the verified complaint and refers all questions of law to the Court at the time of
trial.
AS AND FOR A THIRD CAUSE OF ACTION
TWELFTH: The defendant repeats and reiterates all the admissions and denials contained
in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph
“256” of the verified complaint.
THIRTEENTH: Deny any knowledge or information sufficient to form a belief as to
paragraph designated “257” of the verified complaint and refers all questions of law to the Court
at the time of trial.
FOURTEENTH: Denies paragraphs designated “258”, “259”, “260”, “261”, “262”,
“263” and “264” of the verified complaint and refers all questions of law to the Court at the time
of trial.
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AS AND FOR A FOURTH CAUSE OF ACTION
FIFTEENTH: The defendant repeats and reiterates all the admissions and denials
contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in
paragraph “265” of the verified complaint.
SIXTEENTH: Deny any knowledge or information sufficient to form a belief as to
paragraph designated “266” of the verified complaint and refers all questions of law to the Court
at the time of trial.
SEVENTEENTH: Denies paragraphs designated “267”, “268”, “269”, “270”, “271”,
“272” and “273” of the verified complaint and refers all questions of law to the Court at the time
of trial.
EIGHTEENTH: Except where specifically admitted, the defendant SAFETY SQUAD,
INC., denies all other allegations contained in the verified complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services,
loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or
indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New
York Civil Practice Law and Rules.
If any damages are recoverable against said defendant, the amount of such damages shall
be diminished by the amount of the funds which plaintiff has or shall receive from such collateral
source.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
In the event that the plaintiff recovers any judgment against this defendant, then this
defendant demands that any such judgment be diminished in accordance with Article 16 of the
CPLR and more particularly Section 1601 thereof.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
If the plaintiff, sustained damages as alleged, such damages occurred while plaintiff was
engaged in an activity into which he entered, knowing the hazard, risk and danger of the activity
and he assumed the risks incidental to and attending the activity.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That the complaint fails to state a cause of action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
The plaintiff has failed to mitigate damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
Defendant SAFETY SQUAD, INC., pursuant to Section 1412 of the CPLR, alleges on
information and belief, that if plaintiff sustained any injuries or damages at the time and place
alleged in their verified complaint, such injuries or damages were the result of the culpable
conduct of the plaintiff or because of the plaintiff's negligence and assumption of risk. Should it
be found however, that the answering defendant is liable to the plaintiff herein, any liability
being specifically denied, then the answering defendant alleges that if any damages are found,
they are to be apportioned among the plaintiff and defendants according to the degree of
responsibility that each is found to have in the occurrence, in proportion to the entire measure of
responsibility for the occurrence.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
Plaintiff was the sole proximate cause of his accident.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE:
Plaintiff was a recalcitrant worker which resulted in the happening of this incident.
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AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS, 135 WEST 52ND
STREET OWENR LLC, THE CHETRIT GROUP LLC, NEW LINE STRUCTURES,
INC., CR SAFETY AND CONSTRUCTION, CONSTRUCTION AND REALTY
SERVICES GROUP, INC. THE DEFENDANT SAFETY SQUAD INC. ALLEGE,
UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b):
That if the plaintiff sustained the damages alleged in the complaint through any
negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification
agreement other than their own, such damages were caused by and resulted from the negligence
and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement
of the above-named co-defendants.
That if the plaintiff recovers a verdict against the answering defendant for the damages
alleged in the complaint, such liability will have been caused by the negligence and/or breach of
warranty and/or breach of contract and/or breach of indemnification agreement of the above-
named co-defendants.
That by reason of the foregoing, if any verdict or judgment is rendered in favor of the
plaintiff against the answering defendant, then the above named co-defendants will be liable to
the answering defendant, in whole or in part, for said verdict and for costs and expenses incurred
by the said answering defendant in the defense of this action.
WHEREFORE, the answering defendant demands judgment dismissing the complaint
herein and further demands judgment over and against the co-defendants hereinbefore named, in
whole or in part, for any verdict or judgment rendered against the answering defendant, together
with the costs and disbursements of this action and the attorney's fees and expenses incurred
herein.
Dated: New York, New York Yours, etc.,
September 25, 2017 Law Offices of CHARLES J. SIEGEL
Attorneys for Defendant
SAFETY SQUAD, INC.
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
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To: LOWENSTEIN SANDLER LLP
Attorney for Plaintiff
ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA
1251 Avenue of the Americas, 18th Floor
New York, NY 10020
(212) 262-6700
THE PERECMAN FIRM P.L.L.C
Attorneys for Plaintiff
ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA
250 West 57th Street, Suite 401
New York, NY 10107
(212) 977-7033
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AFFIRMATION OF VERIFICATION
Nikolaos E. Diamantis, hereby affirms under the penalty of perjury, pursuant to CPLR
2106, that he is an attorney admitted to practice in the courts of this state and that he is associated
with the Law Offices of Charles J. Siegel, the attorney for the Defendant, SAFETY SQUAD,
INC., in the within action; that the foregoing verified answer is true to his own knowledge,
except as to matter therein stated to be upon information and belief, and that as to those matters
he believes it to be true.
That this ANSWER is affirmed by your affirmant and not by the defendant because the
defendant, upon information and belief is an individual not within the county where The Law
Offices of Charles J. Siegel, has his offices, at the time this verification is executed, and the
source of affirmant's information, and the grounds for his belief are the records and reports of
investigation kept in the offices of the said attorney for the defendant in connection with this
action and the accident out of which said action arises.
Dated: New York, New York
September 25, 2017
BY: Nikolaos E. Diamantis
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA, DEMAND FOR
VERIFIED BILL OF
Plaintiff, PARTICULARS
- against -
135 WEST 52ND STREET OWNER LLC; THE
CHETRIT GROUP LLC; NEW LINE STRUCTURES,
INC.; CR SAFETY AND CONSTRUCTION;
CONSTRUCTION AND REALTY SERVICES GROUP,
INC. and SAFETY SQUAD, INC.,
Defendants.
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S I R:
PLEASE TAKE NOTICE, that the defendant SAFETY SQUAD, INC., hereby
demands that the plaintiff serve on the undersigned, within twenty (20) days from the date of
service hereof a verified bill of particulars with respect to the following matters:
1. State the exact date and approximate time of day of the occurrence.
2. Describe the location of the accident in sufficient detail to permit definite
identification.
3. State the acts or omissions constituting the negligence claimed by the above
named defendant.
4. (a) Set forth the nature and extent of the injuries claimed to have been
sustained.
(b) Specify any pre-existing injury or condition that it is claimed to have been
exacerbated as a result of the negligence alleged in this lawsuit.
5. Describe the injuries claimed to be permanent in their nature and consequences
in sufficient detail to permit definite identification.
6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed
(b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to
which confined.
7. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary
or income, if any, per day, week or month.
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8. Set forth the name and address of plaintiff's employer; or if self-employed, so
state, indicating the name and address under which the plaintiff is doing business.
9. Set forth the amount of lost earnings or any financial loss incurred and the
method by which the lost earnings and financial loss is computed.
10. Set forth the length of time if any, plaintiff was incapacitated from employment
or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in
which he was a student.
11. State (a) the plaintiff's date and place of birth (b) plaintiff's social security
number (c) plaintiff's present address and (d) the address of the plaintiff at the time of the
occurrence.
12. Set forth the amounts incurred for:
(a) medical, surgical and dental services, stating separately the amount
of each service identifying by whom rendered.
(b) hospital services, stating separately the name and address of each
hospital and the amount of each bill.
(c) nursing services.
(d) services for ambulance, X-rays, prescription drugs and prosthetics
stating separately the amount of each bill and the service for which
it was rendered.
(e) any other item of expense, or damage.
(f) if plaintiff received workers' compensation benefits, identify the insurance
carrier and/or employer who provided said benefits, the workers'
compensation file number, and the amount of the lien to date.
13. If loss of services, society, and consortium is claimed, set forth: (a) the length of
time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party
claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical
expenses, and other expenses.
14. If said accident occurred on a stairway or steps, state the location of the stairway
upon which plaintiff claims the accident occurred and state on which step or steps plaintiff
claims she/he fell, identifying the stairway and step in sufficient detail to permit definite
identification, and state whether plaintiff was ascending or descending said stairway.
15. State on which floor of the aforesaid premises, and on what portion of said floor,
the alleged accident occurred, giving the location of same, in feet, with respect to the nearest
door or other specified location in sufficient detail to permit definite identification of the place
where plaintiff claims she/he fell.
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16. State where plaintiff was standing at the time of the alleged occurrence, giving
direction and distance, in feet or inches from nearest entranceway to defendant's premises,
identifying the entranceway referred to.
17. State for what purpose the plaintiff was on the premises.
18. State what it is claimed caused plaintiff's injury and the claimed acts or
omissions on the part of the defendant.
19. If said accident occurred as a result of an unsafe and/or slippery condition, state
the nature of the alleged unsafe and/or slippery substance describing it in sufficient detail to
permit definite identification.
20. If said accident occurred as a result of debris, garbage or refuse state the nature
and character of the alleged garbage, refuse and/or debris; and if known which contractor,
subcontractor or trade generated said debris, garbage or refuse.
21. If said accident occurred as a result of an obstruction, describe the alleged
obstruction.
22. If said accident occurred as a result of a defective ladder:
(a) state by whom said ladder was owned or maintained;
(b) a description of and the make or model number of said ladder;
(c) the dimensions and height of said ladder;
(d) the height the plaintiff was at on said ladder when said accident occurred;
(e) the nature of the defect or defects to said ladder.
23. If said accident occurred as a result of a defective scaffold:
(a) state by whom said scaffold was owned or maintained;
(b) a description of and the make or model number of said scaffold;
(c) the dimensions and height of said scaffold;
(d) the height the plaintiff was at on said scaffold when said accident
occurred;
(e) the nature of the defect or defects to said scaffold.
24. If said accident occurred as a result of an object falling:
(a) describe the object which allegedly struck plaintiff as to size, shape, color,
identifying marks or characteristics, contents, if any, and approximate
weight;
(b) identify the place or point from which the object allegedly fell, state the
distance it will be alleged the object fell, where plaintiff was at the time
and what plaintiff was doing when struck;
(c) identify the person or persons who allegedly dropped or threw the object,
giving name or names if known to the plaintiff, and sex, color, age and
any other identifying description.
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25. State whether it is claimed that defendant had notice of the condition complained
of and if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long plaintiff claims the alleged condition existed before the alleged
accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given
and the place and time it was given, and whether oral or written and if written, set forth a copy
thereof.
26. Set forth the statutes, codes, rules, regulations or ordinances alleged to have been
violated by the defendant, designating by chapter, article, division, subdivision, section,
paragraph and otherwise the particular portions and provisions of the specific laws, ordinances,
rules and regulations allegedly violated by defendant.
27. If the plaintiff is alleging any violation of the Labor Law §§200, 240 or 241(6),
state specifically the manner in which statutes were violated; describe the nature of the defect
alleged in the scaffolding, hoists, stays, ladders, slings, hangars, blocks, pulleys, braces, irons,
ropes, or other devices.
28. Set forth the manner in which this defendant directed, controlled and/or
supervised the activities of the plaintiff at or about the time of the accident.
Dated: New York, New York
September 25, 2017
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Defendant
SAFETY SQUAD, INC.
125 Broad Street, 7th Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To: LOWENSTEIN SANDLER LLP
Attorney for Plaintiff
ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA
1251 Avenue of the Americas, 18th Floor
New York, NY 10020
(212) 262-6700
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THE PERECMAN FIRM P.L.L.C
Attorneys for Plaintiff
ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA
250 West 57th Street, Suite 401
New York, NY 10107
(212) 977-7033
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALEXIS TRAVALJA, Individually and as the
Administratrix of the Estate of BRUNO TRAVALJA, COMBINED
DEMANDS
Plaintiff,
- against -
135 WEST 52ND STREET OWNER LLC; THE
CHETRIT GROUP LLC; NEW LINE STRUCTURES,
INC.; CR SAFETY AND CONSTRUCTION;
CONSTRUCTION AND REALTY SERVICES GROUP,
INC. and SAFETY SQUAD, INC.,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that the Defendant, SAFETY SQUAD, INC. through it's
attorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you furnish the
following items:
DEMAND FOR MEDICALS
1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court
concerning the exchange of medical information, copies of all medical records, reports,
diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts
and duly executed authorizations to examine any and all of the aforementioned, together with
authorizations enabling this defendant to obtain copies of any no-fault file maintained by a
no-fault carrier, and/or workers' compensation file maintained by plaintiff's employer or
insurance carrier.
DEMAND FOR STATEMENTS
2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete
legible copy of any statement of the party or parties represented by the undersigned in the
possession of any other party, attorney or their representatives in this action. Such statements are
deemed to include, but are not limited to written statements, whether signed or unsigned, and
oral or video statements which have been recorded, whether previously transcribed or not.
DEMAND FOR WITNESSES
3. The names and addresses of each person known or claimed by you or any party you
represent in this action to be a witness to:
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a. The occurrence alleged in the complaint in this action; or
b. Any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the complaint; or
c. Any actual notice allegedly given to the defendant answering herein of
any condition which allegedly caused the occurrence alleged in the
complaint; or
d. The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.
DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS
4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's
employment records for the two years prior and subsequent to the alleged occurrence, and/or a
complete copy of plaintiff's school records prior to and subsequent to the alleged occurrence, and
a duly executed authorization(s) allowing the obtaining of the aforementioned.
Provide W-2's for three years preceding and two years after the accident date and an
authorization for plaintiff's employer, including it's name and current address, to obtain the same.
If Plaintiff is self-employed, provide authorizations to obtain plaintiff's tax return records
from the Internal Revenue System.
DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES
5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and
reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective
and/or dangerous condition claimed to have existed thereat, and/or property damage sustained,
and/or plaintiff's injuries, that are in plaintiff's possession.
DEMAND FOR PARTIES APPEARING
6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney
appearing in this action.
DEMAND FOR EXPERTS
7. Identify and state the qualifications of each person whom you intend to call as an
expert witness at the time of trial;
8. The subject matter in reasonable detail upon which the expert is expected to testify;
9. A statement of the facts and opinions upon which the expert is expected to testify;
10. A detailed summary of those facts and opinions; and
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11. The resumes of each expert upon whose testimony you will reply upon at the time of
trial, concerning the subject lawsuit.
DEMAND FOR COLLATERAL SOURCE
12. The names, addresses and amounts received to date from all persons, firms or
organizations which have reimbursed plaintiff(s) for the cost of medical care, custodial care,
rehabilitation services, loss of earnings or other economic loss and other costs including but not
limited to:
(a) insurance;
(b) social security benefits;
(c) workers compensation benefits;
(d) disability benefits;
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FILED: NEW YORK COUNTY CLERK 11/15/2022 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/15/2022 EXHIBIT D FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------- X Index No. 153366/2017 ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA, VERIFIED ANSWER Plaintiff, - against - 135 WEST 52ND STREET OWNER LLC; THE CHETRIT GROUP LLC; NEW LINE STRUCTURES, INC.; CR SAFETY AND CONSTRUCTION; CONSTRUCTION AND REALTY SERVICES GROUP, INC. and SAFETY SQUAD, INC., Defendants. ----------------------------------------------------------------------- X Defendant, SAFETY SQUAD, INC. by and through their attorneys, the Law Offices of Charles J. Siegel, answering the verified complaint of the plaintiff herein, alleges upon information and belief: AS AND FOR A FRIST CAUSE OF ACTION FIRST: Denies any knowledge or information sufficient to form a belief as to paragraphs designated “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”, “51”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, 68”, “69”, “70”, “71”, “72”, “73”, “74”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”, “107”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “134”, “135”, “136”, “137”, “138”, “139”, “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, 1 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 “152”, “153”, “154”, “155”, “156”, “157”, “158”, “159”, “204”, “205”, “206”, “207”, “208”, “209”, “210”, “211”, “212”, “213”, “214”, “215”, “216”, “217”, “218”, “219”, “220”, “221”, “222”, “224”, “225”, “226”, “227”, “228”, “241”, “242”, “243” and “244” of the verified complaint. SECOND: Admit paragraph designated “22” of the verified complaint. THIRD: Deny paragraph designated “23” of the verified complaint, except admit defendant SAFETY SQUAD, INC. was and still is a domestic business corporation duly organized, existing and authorized by the laws of the State of New York to do business in the State of New York. FOURTH: Denies paragraphs designated “24”, “75”, “76”, 77”, “78”, “79”, “80”, “81”, “82”, “83”, “128”, “129”, “130”, “131”, “132”, “133”, “160”, “161”, “162”, “163”, “164”, “165”, “168”, “169”, “170”, “176”, “177”, “178”, “179”, “180”, “181”, “182”, “183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”, “191”, “192”, “193”, “194”, “195”, “196”, “197”, “198”, “199”, “200”, “201”, “202”, “203” and “239” of the verified complaint. FIFTH: Denies paragraphs designated “166”, “167” and “172” of the verified complaint, except admit defendant SAFETY SQUAD, INC. prepared certain materials in relation to certain construction work at the location of the incident. SIXTH: Denies paragraphs designated “171”, “223”, “229”, “230”, “231”, “232”, “233”, “234”, “235”, “236”, “237”, “238”, “240”, “245” and “246” of the verified complaint and refers all questions of law to the Court at the time of trial. SEVENTH: Denies any knowledge or information sufficient to form a belief as to paragraphs designated “173” of the verified complaint and refers to the agreement for its terms. 2 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 EIGHTH: Denies paragraphs designated “174” and “175” of the verified complaint except admit 135 West 52nd Street Owner LLC hired Safety Squad to prepare certain materials in relation to certain work at the location of the incident. AS AND FOR A SECOND CAUSE OF ACTION NINTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph “247” of the verified complaint. TENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “248” of the verified complaint and refers all questions of law to the Court at the time of trial. ELEVENTH: Denies paragraphs designated “249”, “250”, “251”, “252”, “253”, “254” and “255” of the verified complaint and refers all questions of law to the Court at the time of trial. AS AND FOR A THIRD CAUSE OF ACTION TWELFTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph “256” of the verified complaint. THIRTEENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “257” of the verified complaint and refers all questions of law to the Court at the time of trial. FOURTEENTH: Denies paragraphs designated “258”, “259”, “260”, “261”, “262”, “263” and “264” of the verified complaint and refers all questions of law to the Court at the time of trial. 3 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 AS AND FOR A FOURTH CAUSE OF ACTION FIFTEENTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph “265” of the verified complaint. SIXTEENTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated “266” of the verified complaint and refers all questions of law to the Court at the time of trial. SEVENTEENTH: Denies paragraphs designated “267”, “268”, “269”, “270”, “271”, “272” and “273” of the verified complaint and refers all questions of law to the Court at the time of trial. EIGHTEENTH: Except where specifically admitted, the defendant SAFETY SQUAD, INC., denies all other allegations contained in the verified complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services, loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against said defendant, the amount of such damages shall be diminished by the amount of the funds which plaintiff has or shall receive from such collateral source. 4 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 AS AND FOR A SECOND AFFIRMATIVE DEFENSE: In the event that the plaintiff recovers any judgment against this defendant, then this defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR and more particularly Section 1601 thereof. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: If the plaintiff, sustained damages as alleged, such damages occurred while plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of the activity and he assumed the risks incidental to and attending the activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That the complaint fails to state a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: The plaintiff has failed to mitigate damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: Defendant SAFETY SQUAD, INC., pursuant to Section 1412 of the CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the time and place alleged in their verified complaint, such injuries or damages were the result of the culpable conduct of the plaintiff or because of the plaintiff's negligence and assumption of risk. Should it be found however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found, they are to be apportioned among the plaintiff and defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: Plaintiff was the sole proximate cause of his accident. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE: Plaintiff was a recalcitrant worker which resulted in the happening of this incident. 5 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS, 135 WEST 52ND STREET OWENR LLC, THE CHETRIT GROUP LLC, NEW LINE STRUCTURES, INC., CR SAFETY AND CONSTRUCTION, CONSTRUCTION AND REALTY SERVICES GROUP, INC. THE DEFENDANT SAFETY SQUAD INC. ALLEGE, UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b): That if the plaintiff sustained the damages alleged in the complaint through any negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement other than their own, such damages were caused by and resulted from the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named co-defendants. That if the plaintiff recovers a verdict against the answering defendant for the damages alleged in the complaint, such liability will have been caused by the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above- named co-defendants. That by reason of the foregoing, if any verdict or judgment is rendered in favor of the plaintiff against the answering defendant, then the above named co-defendants will be liable to the answering defendant, in whole or in part, for said verdict and for costs and expenses incurred by the said answering defendant in the defense of this action. WHEREFORE, the answering defendant demands judgment dismissing the complaint herein and further demands judgment over and against the co-defendants hereinbefore named, in whole or in part, for any verdict or judgment rendered against the answering defendant, together with the costs and disbursements of this action and the attorney's fees and expenses incurred herein. Dated: New York, New York Yours, etc., September 25, 2017 Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFETY SQUAD, INC. 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis 6 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 To: LOWENSTEIN SANDLER LLP Attorney for Plaintiff ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA 1251 Avenue of the Americas, 18th Floor New York, NY 10020 (212) 262-6700 THE PERECMAN FIRM P.L.L.C Attorneys for Plaintiff ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA 250 West 57th Street, Suite 401 New York, NY 10107 (212) 977-7033 7 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 AFFIRMATION OF VERIFICATION Nikolaos E. Diamantis, hereby affirms under the penalty of perjury, pursuant to CPLR 2106, that he is an attorney admitted to practice in the courts of this state and that he is associated with the Law Offices of Charles J. Siegel, the attorney for the Defendant, SAFETY SQUAD, INC., in the within action; that the foregoing verified answer is true to his own knowledge, except as to matter therein stated to be upon information and belief, and that as to those matters he believes it to be true. That this ANSWER is affirmed by your affirmant and not by the defendant because the defendant, upon information and belief is an individual not within the county where The Law Offices of Charles J. Siegel, has his offices, at the time this verification is executed, and the source of affirmant's information, and the grounds for his belief are the records and reports of investigation kept in the offices of the said attorney for the defendant in connection with this action and the accident out of which said action arises. Dated: New York, New York September 25, 2017 BY: Nikolaos E. Diamantis 8 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------- X Index No. 153366/2017 ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA, DEMAND FOR VERIFIED BILL OF Plaintiff, PARTICULARS - against - 135 WEST 52ND STREET OWNER LLC; THE CHETRIT GROUP LLC; NEW LINE STRUCTURES, INC.; CR SAFETY AND CONSTRUCTION; CONSTRUCTION AND REALTY SERVICES GROUP, INC. and SAFETY SQUAD, INC., Defendants. ----------------------------------------------------------------------- X S I R: PLEASE TAKE NOTICE, that the defendant SAFETY SQUAD, INC., hereby demands that the plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof a verified bill of particulars with respect to the following matters: 1. State the exact date and approximate time of day of the occurrence. 2. Describe the location of the accident in sufficient detail to permit definite identification. 3. State the acts or omissions constituting the negligence claimed by the above named defendant. 4. (a) Set forth the nature and extent of the injuries claimed to have been sustained. (b) Specify any pre-existing injury or condition that it is claimed to have been exacerbated as a result of the negligence alleged in this lawsuit. 5. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed (b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to which confined. 7. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary or income, if any, per day, week or month. 9 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 8. Set forth the name and address of plaintiff's employer; or if self-employed, so state, indicating the name and address under which the plaintiff is doing business. 9. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 10. Set forth the length of time if any, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. State (a) the plaintiff's date and place of birth (b) plaintiff's social security number (c) plaintiff's present address and (d) the address of the plaintiff at the time of the occurrence. 12. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered. (b) hospital services, stating separately the name and address of each hospital and the amount of each bill. (c) nursing services. (d) services for ambulance, X-rays, prescription drugs and prosthetics stating separately the amount of each bill and the service for which it was rendered. (e) any other item of expense, or damage. (f) if plaintiff received workers' compensation benefits, identify the insurance carrier and/or employer who provided said benefits, the workers' compensation file number, and the amount of the lien to date. 13. If loss of services, society, and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical expenses, and other expenses. 14. If said accident occurred on a stairway or steps, state the location of the stairway upon which plaintiff claims the accident occurred and state on which step or steps plaintiff claims she/he fell, identifying the stairway and step in sufficient detail to permit definite identification, and state whether plaintiff was ascending or descending said stairway. 15. State on which floor of the aforesaid premises, and on what portion of said floor, the alleged accident occurred, giving the location of same, in feet, with respect to the nearest door or other specified location in sufficient detail to permit definite identification of the place where plaintiff claims she/he fell. 10 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 16. State where plaintiff was standing at the time of the alleged occurrence, giving direction and distance, in feet or inches from nearest entranceway to defendant's premises, identifying the entranceway referred to. 17. State for what purpose the plaintiff was on the premises. 18. State what it is claimed caused plaintiff's injury and the claimed acts or omissions on the part of the defendant. 19. If said accident occurred as a result of an unsafe and/or slippery condition, state the nature of the alleged unsafe and/or slippery substance describing it in sufficient detail to permit definite identification. 20. If said accident occurred as a result of debris, garbage or refuse state the nature and character of the alleged garbage, refuse and/or debris; and if known which contractor, subcontractor or trade generated said debris, garbage or refuse. 21. If said accident occurred as a result of an obstruction, describe the alleged obstruction. 22. If said accident occurred as a result of a defective ladder: (a) state by whom said ladder was owned or maintained; (b) a description of and the make or model number of said ladder; (c) the dimensions and height of said ladder; (d) the height the plaintiff was at on said ladder when said accident occurred; (e) the nature of the defect or defects to said ladder. 23. If said accident occurred as a result of a defective scaffold: (a) state by whom said scaffold was owned or maintained; (b) a description of and the make or model number of said scaffold; (c) the dimensions and height of said scaffold; (d) the height the plaintiff was at on said scaffold when said accident occurred; (e) the nature of the defect or defects to said scaffold. 24. If said accident occurred as a result of an object falling: (a) describe the object which allegedly struck plaintiff as to size, shape, color, identifying marks or characteristics, contents, if any, and approximate weight; (b) identify the place or point from which the object allegedly fell, state the distance it will be alleged the object fell, where plaintiff was at the time and what plaintiff was doing when struck; (c) identify the person or persons who allegedly dropped or threw the object, giving name or names if known to the plaintiff, and sex, color, age and any other identifying description. 11 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 25. State whether it is claimed that defendant had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 26. Set forth the statutes, codes, rules, regulations or ordinances alleged to have been violated by the defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant. 27. If the plaintiff is alleging any violation of the Labor Law §§200, 240 or 241(6), state specifically the manner in which statutes were violated; describe the nature of the defect alleged in the scaffolding, hoists, stays, ladders, slings, hangars, blocks, pulleys, braces, irons, ropes, or other devices. 28. Set forth the manner in which this defendant directed, controlled and/or supervised the activities of the plaintiff at or about the time of the accident. Dated: New York, New York September 25, 2017 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFETY SQUAD, INC. 125 Broad Street, 7th Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: LOWENSTEIN SANDLER LLP Attorney for Plaintiff ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA 1251 Avenue of the Americas, 18th Floor New York, NY 10020 (212) 262-6700 12 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 THE PERECMAN FIRM P.L.L.C Attorneys for Plaintiff ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA 250 West 57th Street, Suite 401 New York, NY 10107 (212) 977-7033 13 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------- X Index No. 153366/2017 ALEXIS TRAVALJA, Individually and as the Administratrix of the Estate of BRUNO TRAVALJA, COMBINED DEMANDS Plaintiff, - against - 135 WEST 52ND STREET OWNER LLC; THE CHETRIT GROUP LLC; NEW LINE STRUCTURES, INC.; CR SAFETY AND CONSTRUCTION; CONSTRUCTION AND REALTY SERVICES GROUP, INC. and SAFETY SQUAD, INC., Defendants. ----------------------------------------------------------------------- X COUNSELORS: PLEASE TAKE NOTICE, that the Defendant, SAFETY SQUAD, INC. through it's attorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you furnish the following items: DEMAND FOR MEDICALS 1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court concerning the exchange of medical information, copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts and duly executed authorizations to examine any and all of the aforementioned, together with authorizations enabling this defendant to obtain copies of any no-fault file maintained by a no-fault carrier, and/or workers' compensation file maintained by plaintiff's employer or insurance carrier. DEMAND FOR STATEMENTS 2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete legible copy of any statement of the party or parties represented by the undersigned in the possession of any other party, attorney or their representatives in this action. Such statements are deemed to include, but are not limited to written statements, whether signed or unsigned, and oral or video statements which have been recorded, whether previously transcribed or not. DEMAND FOR WITNESSES 3. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: 14 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 a. The occurrence alleged in the complaint in this action; or b. Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or c. Any actual notice allegedly given to the defendant answering herein of any condition which allegedly caused the occurrence alleged in the complaint; or d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS 4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's employment records for the two years prior and subsequent to the alleged occurrence, and/or a complete copy of plaintiff's school records prior to and subsequent to the alleged occurrence, and a duly executed authorization(s) allowing the obtaining of the aforementioned. Provide W-2's for three years preceding and two years after the accident date and an authorization for plaintiff's employer, including it's name and current address, to obtain the same. If Plaintiff is self-employed, provide authorizations to obtain plaintiff's tax return records from the Internal Revenue System. DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES 5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective and/or dangerous condition claimed to have existed thereat, and/or property damage sustained, and/or plaintiff's injuries, that are in plaintiff's possession. DEMAND FOR PARTIES APPEARING 6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney appearing in this action. DEMAND FOR EXPERTS 7. Identify and state the qualifications of each person whom you intend to call as an expert witness at the time of trial; 8. The subject matter in reasonable detail upon which the expert is expected to testify; 9. A statement of the facts and opinions upon which the expert is expected to testify; 10. A detailed summary of those facts and opinions; and 15 of 27 FILED: NEW YORK COUNTY CLERK 09/25/2017 11/15/2022 05:03 06:05 PM INDEX NO. 153366/2017 NYSCEF DOC. NO. 31 113 RECEIVED NYSCEF: 09/25/2017 11/15/2022 11. The resumes of each expert upon whose testimony you will reply upon at the time of trial, concerning the subject lawsuit. DEMAND FOR COLLATERAL SOURCE 12. The names, addresses and amounts received to date from all persons, firms or organizations which have reimbursed plaintiff(s) for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss and other costs including but not limited to: (a) insurance; (b) social security benefits; (c) workers compensation benefits; (d) disability benefits;