Preview
FILED: QUEENS COUNTY CLERK 01/11/2024 08:35 AM INDEX NO. 725003/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
VERIFIED ANSWER
WITH DEMANDS
- against -
Index No: 725003/2023
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
CERTIFICATION PURSUANT TO §130-1.1a
OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR)
The undersigned certifies the following documents pursuant to 22NYCRR §130-1.1a:
Verified Answer to Verified Complaint, Demand for a Verified Bill of Particulars, Combined
Demand for Discovery and Inspection, Notice to Take Deposition Upon Oral Examination,
Refusal to Accept Service by Facsimile Transmission, and Notice to Submit to Physical
Examination.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp______________________
Terence J. Kemp, Esq.
Via Electronic Signature
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
TO:
Francisco Castillo, Esq.
Attorneys for Plaintiff
133-33 Brookville Blvd., Suite 116
Rosedale, New York 11422
718-528-4424
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
VERIFIED ANSWER
- against -
Index #: 725003/2023
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
Defendant Susanna Musayeva, by the undersigned, answering the Verified Complaint of
the Plaintiff, upon information and belief, states as follows:
FIRST: Denies having any knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraphs numbered and designated as: 1, 2, 3, 4, and 6.
SECOND: Denies having any knowledge or information sufficient to form a belief as to
the truth of the allegations contained in paragraphs numbered and designated as: 9 and 10, and
respectfully refers all questions of law to this Honorable Court.
THIRD: Denies upon information and belief each and every allegation contained in
paragraphs numbered and designated as: 8, 11, 12, 13, 14 and 15, and respectfully refers all
questions of law to this Honorable Court.
FOURTH: Admits each and every allegation contained in paragraphs numbered and
designated as: 5 and 7.
ANSWERING A FIRST CAUSE OF ACTION
FIFTH: Answering paragraph 16, repeats and reiterates each and every admission and
denial heretofore made to paragraphs set therein with the same force and effect as if more fully
set forth herein.
SIXTH: Denies upon information and belief each and every allegation contained in
paragraphs numbered and designated as: 17, and respectfully refers all questions of law to this
Honorable Court.
AS AND FOR AN AFFIRMATIVE DEFENSE – COMPARATIVE NEGLIGENCE
The personal injuries and/or property damage alleged to have been sustained by the Plaintiff
were caused entirely or in part through the culpable conduct attributable to the Plaintiff and/or
unknown Third-parties, and the Defendant seeks a dismissal or reduction in any recovery had by
the Plaintiff in the proportion which the culpable conduct attributable to the Plaintiff and/or
unknown Third-parties bear to the culpable conduct which caused the damages.
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AS AND FOR AN AFFIRMATIVE DEFENSE – SEAT BELT
Plaintiff’s damages must be mitigated by his failure to use the available seat belts or infant
restraining devices, and that the damages claimed to have been sustained were caused by the lack
of use of said seat belts and/or infant restraining devices.
AS AND FOR AN AFFIRMATIVE DEFENSE – HELMET/PROTECTIVE GEAR
Plaintiff failed to use a helmet and/or other appropriate protective gear, and the failure to do so
caused the damages allegedly sustained or that if used would have mitigated the injuries alleged.
AS AND FOR AN AFFIRMATIVE DEFENSE – ASSUMPTION OF THE RISK
The injuries and damages allegedly suffered by the Plaintiff were sustained while he was
engaged in an activity that the Plaintiff entered knowing the risks inherent therein, and which
risks were assumed by Plaintiff.
AS AND FOR AN AFFIRMATIVE DEFENSE – COLLATERAL SOURCE
The costs incurred or paid by Plaintiff, if any, for medical care, dental care, custodial care or
rehabilitation services, loss of earning or other economic loss, in the past or future, were or will,
with reasonable certainty, be replaced or indemnified, in whole or in part, from a collateral
source of the type described in CPLR §4545, and the Defendant is entitled to have any award
reduced in the amount of such payments.
AS AND FOR AN AFFIRMATIVE DEFENSE – GENERAL OBLIGATIONS LAW
Plaintiff’s recovery must be offset by a settlement pursuant General Obligations Law §15-108.
AS AND FOR AN AFFIRMATIVE DEFENSE – SUBJECT MATTER JURISDICTION
This Honorable Court lacks jurisdiction over this suit since there is no predicate for jurisdiction.
AS AND FOR AN AFFIRMATIVE DEFENSE – FAILURE TO STATE CAUSE OF
ACTION
Plaintiff’s Complaint fails to state a cause of action for which relief can be granted.
AS AND FOR AN AFFIRMATIVE DEFENSE – EMERGENCY SITUATION
The answering Defendant is not negligent as she was faced with an emergency; a sudden and
unanticipated circumstance not of her own making; and acted as a reasonably prudent person
would act in the same emergency.
AS AND FOR AN AFFIRMATIVE DEFENSE – FAILURE TO MITIGATE DAMAGES
Plaintiff has failed to mitigate damages in this matter.
AS AND FOR AN AFFIRMATIVE DEFENSE – FAILURE TO JOIN NECESSARY
PARTY
Plaintiff has failed to join a necessary party.
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WHEREFORE, Defendant demands judgment, dismissing the Plaintiff’s Complaint
herein, together with the costs and disbursements of this action.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
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VERIFICATION
Terence J. Kemp, an attorney duly admitted to practice law in the Courts of the State, and
associated with the Law Office of Michael Ferro & Associates, attorneys for the Defendant,
Susanna Musayeva, states:
That your affirmant has read the foregoing Answer and knows the contents thereof; that
the same is true to your affirmant's own knowledge, except as to the matters which are stated
therein to be alleged on information and belief, and as to those matters your affirmant believes it
to be true. The source of your affirmant's information and belief is an investigation caused to be
made with respect to the facts in this action.
That the reason this Verification is made by your affirmant and not by the Defendant is
because the Defendant does not reside within the county where the Law Office of Michael Ferro
& Associates maintain their office.
The undersigned affirms that the foregoing statement is true, under penalties of perjury.
Date: Melville, New York
January 10, 2024
Terence J. Kemp________________
Terence J. Kemp, Esq.
Via Electronic Signature
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
DEMAND FOR A
- against - VERIFIED BILL OF PARTICULARS
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
PLEASE TAKE NOTICE that the Defendant, Susanna Musayeva, hereby demands that
you serve upon the undersigned within thirty (30) days from date of service herein, a Verified
Bill of Particulars concerning the following matters:
1. Name, date of birth and social security number of plaintiff(s).
2. Post office and residence address of plaintiff in sufficient detail to permit ready location.
3. The date and approximate time of day of the occurrence.
4. The approximate location of the occurrence.
5. A general statement of the acts or omissions, constituting the negligence claimed. If any
violation of any rule, law, custom, ordinance or statute is claimed, identify and specify
the provision of same.
6. A statement of the injuries claimed to have been sustained as a result of the occurrence
and the nature and extent thereof.
7. A statement of such injuries claimed to be permanent and the nature and extent thereof.
8. Length of time and dates confined to bed.
9. Length of time and dates confined to house.
10. Length of time totally incapacitated from employment and/or school.
11. Length of time partially incapacitated from employment and/or school.
12. Itemize all accounts claimed as special damages for (a) physician's services; (b) medical
supplies; (c) hospital expenses; (d) nurse's services; (e) loss of earnings; (f) all other
special damages; and (g) all out of pocket expenses.
13. If Medicare paid or is expected to pay any medical expense that you claim resulted from
this occurrence, please so indicate and provide the plaintiff’s Medicare HICN number.
14. Specify the monetary amount that will be claimed at trial for each and every element of
damages.
15. State the name and address of plaintiff's employer and/or school at the time of the
occurrence, if any.
16. If plaintiff was self-employed at the time of the occurrence, state the facts upon which
plaintiff bases his claim for loss of earnings, if any.
17. If property damages are claimed, describe the article, the damage thereto, date of
purchase, original cost, and cost of repair.
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18. If property damage to automobile is claimed, state the following: (a) The make, style,
model, year of manufacture, serial number and license number of plaintiff's motor
vehicle; (b) The parts of the motor vehicle alleged to have been damaged and the cost of
repair or replacement thereof; (c) Number of miles driven at time of occurrence; (d) The
length of time, and the amount, claimed for loss of use.
19. If monetary damage due to the loss of use of an automobile is claimed, state the length of
time claimed for the loss of use, the amount claimed, and the particulars by which the
amount was calculated.
20. In what respect plaintiff has sustained serious injury as defined in subdivision (d) of
§5102 of the Insurance Law, or economic loss greater than basic economic loss, as
defined in subdivision (a) of §5102 of the Insurance Law.
21. State the source or sources of collateral reimbursements or benefits pursuant to CPLR
§4545(c) and for each such source provide the following: (a) the name and address of the
source; (b) the amount of the reimbursement; and (c) the date that reimbursement was
given.
22. Pursuant to CPLR §3101(d):
a) Identify and state the qualifications of each person whom you expect to call at
trial as an expert witness.
b) State the subject matter in reasonable detail upon which the expert is expected to
testify.
c) Provide the facts and opinions upon which the expert is expected to testify.
d) Provide a summary of the grounds of each such opinion.
e) Provide a copy of the expert's report furnished to plaintiff.
PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the
undersigned will move for: (1) an Order precluding Plaintiff from giving evidence at the trial of
the items of which particulars have not been furnished; (2) an Order staying all proceedings in
this action pursuant to Civil Practice Law and Rule 3042; and (3) for an Order for such other and
further relief as the Court may deem just, proper, and equitable.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01,
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
COMBINED DEMAND FOR
- against -
DISCOVERY AND INSPECTION
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
COUNSELORS:
PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the
undersigned, the following:
DEMAND FOR INDEX NUMBER
Pursuant to the filing requirements of §306-a of the C.P.L.R. and the notice requirements
of 22 N.Y.C.R.R. §202.5, you are to advise in writing of the County Clerk's Index Number
assigned to this action.
DEMAND FOR ALL PARTIES APPEARING
A list of names of all parties that have appeared in this action, together with the names
and addresses of their respective attorneys pursuant to §2103(e) of the C.P.L.R.
DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON
COUNTERCLAIM AND/OR CO-DEFENDANT(S)
Pursuant to C.P.L.R. §3101(f), you are to produce and permit the undersigned to inspect
and copy the contents of any insurance agreement under which any person or entity carrying on
an insurance business may be liable to satisfy part or all of the judgment which may be entered in
this action, or to indemnify or reimburse for payments made to satisfy the judgment which may
be entered herein, including by not limited to excess and additional coverage. If there is no
excess or additional coverage and there is the only one insurer liable to satisfy part or all of a
judgment which may be entered in this action, then the undersigned demands a sworn affidavit
from your client stating this.
DEMAND FOR WITNESSES
Pursuant to C.P.L.R. §3101(a) and this demand, you are requested to produce and permit
discovery by the undersigned or another acting on their behalf of the following:
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Names and addresses of all persons claimed by your client(s) to
have either witnessed the occurrence or to have firsthand
knowledge of same, or to have notice of the nature and duration of
any alleged condition(s) proximately causing this occurrence, or to
have witnessed or firsthand knowledge of any such notice given to
the party(ies) we represent and/or any other party in this action, or
having firsthand knowledge of facts and circumstances regarding
this occurrence, whether obtained by your client(s) at the scene of
the occurrence or thereafter obtained by your client(s) attorneys or
representatives. If no such persons are known to your client(s) or
your client(s) representatives, so state in reply to this demand. The
undersigned will object at time of trial of this action to the
testimony of any persons not so identified.
PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives,
obtain names and addresses of such persons subsequent to their response to this notice, such
information is to be furnished to the undersigned whenever so obtained. The undersigned will
object at the time of trial of this action the testimony of any persons not so identified.
DEMAND FOR EXPERT WITNESSES
1. The name and address of each expert witness which you expect to call at the trial of this
action.
2. The subject matter in reasonable detail upon which each such expert is expected to
testify.
3. The substance of the facts and opinions upon which each such expert is expected to
testify.
4. The qualifications of each such expert witness.
5. A summary of the grounds for each such expert(s) opinion.
6. Provide a copy of each such expert's report furnished to you or your client(s).
PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call
as a witness on the trial of this action intends to rely upon or introduce into evidence any portion
of any technical standard or learned treatise, you are hereby required to identify any such
standard or treatise, including in the case of standards, the issuing body and the standard number;
in the case of books, author, title, publication date and publisher; and in the case of journal
articles, journal title, volume number, page, publication date and publisher.
DEMAND FOR ACCIDENT REPORTS
All accident reports and/or motor vehicle accident reports in your client(s)' possession,
pursuant to C.P.L.R. §3101(g).
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DEMAND FOR STATEMENT
Copy(ies) of each and every written statement or the transcript of each and every oral
statement which it will be alleged was made by or attributed to the party(ies) we represent in this
action. If none, so state.
DEMAND FOR PHOTOGRAPHS
Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)'
possession, pertaining to the accident site, defective conditions(s) claimed and/or
instrumentality(ies) in issue.
DEMAND FOR INCOME TAX RETURNS
Copies of plaintiff'(s) income tax returns for a period of three (3) years preceding the date
of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed,
acknowledged and current authorization allowing this office to obtain the plaintiff's tax records
for a period of three (3) years before the accident in question. This authorization must include
two forms of identification, including one photo identification.
DEMAND FOR SCHOOL AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations, pursuant to §3101(a) and Rule
3120 of the C.P.L.R., permitting the undersigned to obtain copies of the school records of the
plaintiff(s) from the beginning of the school year preceding the date of accident as set forth in the
complaint to the present period of any disability claimed.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations pursuant to §3101(a) and Rule
3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment records of
the plaintiff(s) from three (3) years preceding the date of accident as set forth in plaintiff(s)
complaint to the present period of any disability claimed.
DEMAND FOR NO-FAULT RECORDS
If a claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE
XVIII of the Insurance Law of the State of New York (No-Fault Law); with respect to each and
every application and/or claim:
1. Set forth the name, address, policy number and claim number of each company to which
a claim has been made or will be made.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s) from each company
identified in the response to the above.
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DEMAND FOR WORKER'S COMPENSATION RECORDS
If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the
Worker's Compensation Law, with respect to each and every application:
1. Set forth name, address, policy number to which a claim has been or will be made,
together with the Worker's Compensation Board file number.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s) from each company
identified in response to the above.
DEMAND FOR DISABILITY RECORDS
If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the
Social Security Laws, with respect to each and every application and/or claim:
1. Set forth the claim office, address and the claim number assigned.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s).
DEMAND FOR INFORMATION ON COLLATERAL SOURCE
A statement pursuant to C.P.L.R. §4545(c), in writing, under oath, setting forth the
following:
1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e) loss of
earnings, or (f) other economic loss that was or will be replaced or indemnified by (a)
insurance, (b) Social Security, (c) worker's compensation, (d) employee benefit
programs or (e) other source, not including No-Fault basic economic loss in automobile
cases, which the plaintiff(s) intend to prove as special damages.
2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery.
3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period
preceding the accrual of his/her/their cause of action.
4. The amount of premiums actually paid by the plaintiff(s) between the accrual of
his/her/their cause of action and the present date.
5. The projected future costs of the plaintiff(s) maintaining such benefits.
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DEMAND FOR MEDICAL INFORMATION
1. The names and addresses of all physicians or other health care providers of every
description who have consulted, examined or treated the plaintiff(s) for each of the
conditions alleged caused by, or exacerbated by, the occurrence described in the
complaint including the date of such treatment or examination.
2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to
any hospital(s), clinics, or other health care facility in which the plaintiff(s) herein
claiming injury, consulted, examined or treated due to the occurrence set forth in the
complaint, authorizing the undersigned to obtain a copy of the entire record or records
including x-rays, and technicians' reports and a separate authorization for intraoperative
photographs.
3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the
undersigned to obtain copies of the complete office medical records relating to the
plaintiff(s) from each physician or health care provider identified in (1) above.
4. Medical reports of those medical providers who have previously treated or examined the
party seeking recovery. These shall include a detailed recital of the injuries and
conditions as to which testimony will be offered at the trial, referring to and identifying
those x-ray and technicians’ reports which will be offered at the trial, including a
description of the injuries, a diagnosis and a prognosis.
5. If wrongful death is claimed, duly executed and acknowledged written authorizations
(HIPAA complaint) to allow the undersigned to obtain copies of the complete autopsy or
postmortem reports; also including but not limited to, pathology and toxicology testing.
6. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is
hereby made with respect to the pre-existing condition or injury for duly executed and
acknowledged current authorizations to allow the undersigned to obtain:
a. copies of the complete medical records, reports, notes, correspondence, etc. from
all physicians, health care providers, hospitals, health care facilities, physical
therapists, chiropractors, etc., that treated or examined plaintiff(s);
b. the films and reports of all diagnostic tests (including, but not limited to MRIs,
CT scans and x-rays) that were taken;
c. intraoperative photos;
d. all records, reports, notes, correspondence, etc. from any pharmacy or drug store
that filled a prescription for plaintiff(s); and
e. copies of the complete legal files and no-fault files (if applicable).
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7. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical
treatment then with respect to that prior treatment, demand is hereby made for duly
executed and acknowledged current authorizations to allow the undersigned to obtain:
a. copies of the complete medical records, reports, notes, correspondence, etc. from
all physicians, health care providers, hospitals, health care facilities physical
therapists, chiropractors, etc. that treated plaintiff(s);
b. the films and reports of all diagnostic tests (including, but not limited to MRIs,
CT scans, and x-rays) that were taken;
c. intraoperative photos;
d. all records, reports, notes, correspondence, etc. from any pharmacy or drug store
that filled a prescription for plaintiff(s); and
e. copies of the complete legal files and no-fault files (if applicable).
8. If since the date of the accident complained of in plaintiff’(s) complaint, plaintiff(s) have
re-injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand
is hereby made for duly executed and acknowledged current authorizations to allow the
undersigned to obtain:
a. copies of the complete medical records, reports, notes, correspondence, etc., all
physicians, health care providers, hospitals, physical therapists, chiropractors, etc.
that treated plaintiff(s) as a result of the re-injury;
b. the films and reports of all diagnostic tests (including, but not limited to MRIs,
CT scans, and x-rays) that were taken;
c. all records, reports, notes, correspondence, etc. from any pharmacy or drug store
that filled a prescription for plaintiff(s) as a result of the re-injury; and
d. copies of the complete legal files and no-fault files (if applicable) relating to the
re-injury.
PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration
date of, “the completion of litigation”.
PLEASE TAKE FURTHER NOTICE that each of these authorizations must include
complete names, addresses, and any and all pertinent identifying information.
DEMANDS FOR REPAIR RECEIPTS/ESTIMATES
Pursuant to CPLR §3101(a) and this demand, copies of any and all written or recorded
estimates for damages of any vehicle or other property involved in the subject accident and/or
receipts for repairs of same.
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PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will
serve as a basis for a motion to preclude the plaintiff(s) upon the trial of this action from offering
proof relative to medical damages if such information, authorizations and certificates are not
provided in accordance with these demands.
PLEASE TAKE FURTHER NOTICE, that these are all continuing demands and
should any of the information requested become available to or known in the future, then you are
required to furnish same at such time.
DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty-five
(25) days of the date of these demands at the office of: LAW OFFICES OF MICHAEL FERRO
& ASSOCIATES, 2 Huntginton Quadrangle, Ste. 1N01, Melville, NY, 11747.
COMPLIANCE may be effectuated by sending true copies of the requested material,
where applicable, to the undersigned before the due date herein.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these
demands, the party(ies) we represent shall make an application to stay all proceedings herein, in
addition to sanctions and other relief to be granted.
DATED: Melville, New York
January 11, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01,
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
NOTICE TO TAKE DEPOSITION
- against -
UPON ORAL EXAMINATION
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and
Rules, the testimony, upon oral examination of the plaintiff(s) and co-defendant(s) as an Adverse
Party(ies) will be taken before a Notary Public who is not an attorney, or employee of an
attorney for any party or prospective party herein, and is not a person who would be disqualified
to act as a juror because of interest or because of consanguinity or affinity to any party herein,
shall be taken at THE ABOVE CAPTIONED COURTHOUSE on a date and time to be set at a
preliminary conference with respect to necessary evidence and material in the prosecution or
defense of this action:
All of the relevant facts and circumstances in connection with the accident which
occurred on August 25, 2023, including negligence, contributory negligence, liability and
damages.
That the said person to be examined is required to produce at such examination the
following: all relevant material.
PLEASE TAKE FURTHER NOTICE that you are to advise our office in writing if
said person to be examined requires an interpreter at the examination.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01,
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
15 of 18
FILED: QUEENS COUNTY CLERK 01/11/2024 08:35 AM INDEX NO. 725003/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
REFUSAL TO ACCEPT SERVICE BY
FACSIMILE TRANSMISSION
- against -
Index No: 725003/2023
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
PLEASE TAKE NOTICE that Defendant, SUSANNA MUSAYEVA, by her attorneys,
THE LAW OFFICE OF MICHAEL FERRO & ASSOCIATES, hereby advise that inclusion
upon this office's letterhead of a number for transmission of documents by electronic process
("FAX") is not to be deemed consent to service of litigation papers by such method, any
provision of law or statute to the contrary notwithstanding; and
PLEASE TAKE FURTHER NOTICE that service of litigation papers in this or any
other action upon the undersigned by "FAX" will not be accepted and is not authorized; except
upon written permission given at least twenty-four (24) hours prior to such service.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01,
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
16 of 18
FILED: QUEENS COUNTY CLERK 01/11/2024 08:35 AM INDEX NO. 725003/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
NOTICE TO SUBMIT TO
PHYSICAL EXAMINATION
- against -
Index No: 725003/2023
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
PLEASE TAKE NOTICE that Defendant, SUSANNA MUSAYEVA, by her attorneys,
THE LAW OFFICE OF MICHAEL FERRO & ASSOCIATES, require that plaintiff submit to
physical examination(s) on a date after examination(s) before trial are completed and after all
pertinent medical information has been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17.
PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule
a date and location for the physical examinations.
DATED: Melville, New York
January 10, 2024
Terence J. Kemp, Esq.
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
2 Huntington Quadrangle, STE 1N01,
Melville, New York 11747
Tele: 516-229-4257
Fax: 855-641-4102
Email: tkemp@geico.com
Our File No: 24-0003792
Claim No: 0443855910000004
17 of 18
FILED: QUEENS COUNTY CLERK 01/11/2024 08:35 AM INDEX NO. 725003/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGEL MENDOZA,
Plaintiff(s)
VERIFIED ANSWER
WITH DEMANDS
- against -
Index No: 725003/2023
SUSANNA MUSAYEVA and JOHN DOE #1,
Defendant(s)
The Law Office of Michael Ferro & Associates
Attorneys for Defendant
Susanna Musayeva
Office and Post Office Address
2 Huntington Quadrangle, STE 1N01
Melville, New York 11747
516-229-4257
-------------------------------------------------------------------------------------------------------------------------------
TO:
Francisco Castillo, Esq.
Attorneys for Plaintiff
133-33 Brookville Blvd., Suite 116
Rosedale, New York 11422
718-528-4424
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