Preview
FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
â€â€â€â€â€â€â€â€â€â€â€â€
-----------------------------------------------------------------X — Index No. 704639/18
BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO,
Plaintiffs,
VERIFIED ANSWER
-against-
HANSRA) NEGESAR and RANDY TULSIERAM,
Defendants.
----------------------------------------------------------------X
The defendant, HANSRA) NAGESAR, by his attorneys, PICCIANO 5 SCAHILL, P.C.,
as and for his Verified Answer, hereby alleges as follows:
FIRST: Deny having knowledge or information sufficient to form a belief as to each
"11"
and every allegation set forth in paragraphs enumerated "1", "2", "3", "4", "5", "6",
n23n n25n rr n34n "35" n4Qn
through "23", "25", "26", "31", "34", , "40".
"9"
SECOND: Deny each and every allegation set forth in paragraphs enumerated ,
n1Qrr
»lQ»»24»»27fl
n24n rr27rr »28»»29»»3Q»»32»»33fl
rr28rr »29n»3Qrr n32rr rr33rr rr36rr
»36»»37»»38»»39»
rr37rr rr38rr n39n n4]»
fl4]»
"10", I"24", I "27",I "28",rI"29", I1 "30",
I "32",I "33", I"36", I "37",I "38",I "39", lI"41".
AS AND FOR A FIRST SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
THIRD: The Plaintiffs have failed to obtain personal jurisdiction over the defendant,
HANSRAJ NAGESAR.
AS AND FOR A SECOND SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FOURTH: If itbe determined that the Plaintiffs failed to use available seat belts
and/or harness, defendant pleads said fact as an absolute defense on the issue of liability
and in mitigation of damages.
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AS AND FOR A THIRD SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FIFTH: That whatever damages, personal or property, or wrongful death
plaintiff(s) may have sustained, ifany, at the time and place alleged in the complaint, or
any amendments thereto, if not caused in whole by the carelessness, negligence,
assumption of risk and culpable conduct of the plaintiff(s), and/or plaintiffs intestate,
were then caused for the most part by the carelessness, negligence, culpable conduct
and want of care on the part of the plaintiff(s) and/or plaintiff's intestate; and, if any
carelessness, negligence or culpable conduct upon the part of defendant caused or
contributed to such injury or wrongful death, such on the part of defendant bore only a
slight proportion to the entire negligence, carelessness and culpable conduct attributable
to both plaintiff(s) and defendant in causing the accident and any resulting injury.
AS AND FOR A FOURTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
SIXTH: In the event Plaintiffs recover a verdict or judgment against this defendant,
then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts
which have been, or will,with reasonable certainty, replace or indemnify Plaintiffs, in whole
or in part, for any past or future claimed economic loss, from any collateral source such as
workers'
insurance, social security, compensation or employee benefits programs.
AS AND FOR A FIFTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
injury"
SEVENTH: The accident described in the Complaint did not result in a "serious
to Plaintiffs as so defined in and by Section 5102(d) of the Insurance Law of the State of
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New York, and as such, Plaintiffs had and have no right to institute, maintain or prosecute
this action and are barred from doing so.
The Plaintiffs did not sustain serious injury as defined by Section 5102(d) and their
exclusive remedy therefore is confined and limited to the benefits and provisions of Article
51 of the Insurance Law of the State of New York.
AS AND FOR A SIXTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to
sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or
other emergency, the defendant was left without time to contemplate or weigh alternative
courses of action and therefore cannot reasonably be held to the standard of care required
of one who has had a full opportunity to reflect and therefore was not negligent.
AS AND FOR A SEVENTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant
Workers'
to the provisions of the New York State Compensation Law, Sections 11 and 29.
AS AND FOR A CROSS-COMPLAINT AGAINST
THE CO-DEFENDANT, RANDY TULSIERAM
TENTH: Ifthe Plaintiffs were caused to sustain injury and damage at the time
and place as set forth in the complaint through any carelessness, negligence or culpable
conduct other than that of the Plaintiffs, said injuries and damages were caused by the
negligence, carelessness and culpable conduct on the part of the co-defendant, RANDY
TULSIERAM, his agents, servants and/or employees with the negligence, ifany, on the part
of the answering defendant being slight and/or derivative only. By reason of the foregoing,
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the co-defendant, RANDY TULSIERAM, will be liable to the answering defendant in the
event, and in the amount, of recovery herein by the Plaintiffs, or in such amounts as the
Court or jury may direct.
WHEREFORE, the defendant, HANSRA) NAGESAR, demands judgment dismissing
the complaint herein as to the answering defendant, and further demands judgment over
and against the co-defendant, RANDY TULSIERAM, for the amount of any judgment which
may be obtained herein by the Plaintiffs against the answering defendant, or in such amount
as the Court or jury may direct, together with the costs and disbursements of this action.
DATED: Bethpage, New York
May 10, 2018
DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HANSRA) NAGESAR
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 32 833R 564
TO: THE KRUPNIK LAW FIRM, P.C.
Attorneys for Plaintiffs
118-35 Queens Boulevard, Suite 1250
Forest Hills, New York 11375
(718) 205-4477
MENDOLIA & STENZ
Attorneys for Defendant
RANDY TULSIERAM
875 Merrick Avenue
Westbury, New York 11590
(516) 229-4219
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------X Index No. 704639/18
BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO,
Plaintiffs,
DEMAND FOR BILL
-against-
OF PARTICULARS
HANSRAJ NEGESAR and RANDY TULSIERAM,
Defendants.
---------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the Defendant, HANSRAJ NAGESAR, hereby demands
that you serve upon the undersigned within thirty (30) days after the date service is made
upon you of this notice, a Verified Bill of Particulars, setting forth in detail the following:
1. The age, date of birth, social security number and post office address for the
plaintiff(s).
2. The date and approximate time of day of the subject occurrence.
3. The location of the alleged occurrence in sufficient detail to permit ready
identification.
4. The manner in which the subject accident occurred.
5. A detailed statement of the acts and/or omissions constituting the negligence
claimed against (the) (each) defendant(s).
6. If any violation of any statute, law, ordinance, rule, regulation or code is
claimed to have been violated by the answering defendant(s), identifying same by article,
section and paragraph numbers.
7. Whether it isclaimed that the defendant(s) had actual or constructive notice
of any alleged defective condition.
8. If actual notice is claimed, set forth the date and to whom notice was given;
if constructive notice is claimed, set forth the length of time it is alleged said condition
existed.
9. A statement of all personal injuries claimed to have been sustained as a result
of the occurrence, and the nature and extent thereof.
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10. A statement of such injuries claimed to be permanent and the nature and
extent thereof.
11. ~ The length of time:
a. confined to a hospital, giving the name and address of said hospital;
b. confined to bed;
c. confined to house/home;
d. totally disabled;
e. partially disabled; and
12. Occupation(s) of the plaintiff(s), setting forth:
a. name of employer;
b. address of employer;
c. dates incapacitated from employment;
d. average weekly salary at the time of the accident; and
e. loss of earnings.
If plaintiff is a student, set forth:
a. Name of school attended;
b. Address;
c. Dates of absence;
13. Separately state the amounts claimed as special damages:
a. physician's services;
b. medical supplies;
c. hospital charges;
d. x-ray expenses;
e. nurse services;
f. loss of earnings; and
g. other expenses (itemize).
"13"
14. a. State if any of the amounts in answer to Paragraph have been
paid under coverage afforded by the Comprehensive Automobile Insurance Reparation Act.
b. The amount of such payment. List each item separately. c. Name of insurance
company making such payment and the claim number thereof.
15. State in what respect plaintiff(s) will claim to have sustained (1) a "serious
injury"
and (2) economic loss greater than "basic economic loss", as is required and defined
under the Insurance Law, Section 5102(a) and (b).
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16. State whether it isclaimed that any pre-existing condition or injury, including
neurological disturbance, psychiatric condition or physical condition of the plaintiff(s)
has/have been aggravated as a result of the occurrence. If so: (1) specify each pre-existing
condition/injury that has been aggravated; and (2) state the manner in which each such
condition/injury has been aggravated.
17. State whether the vehicle in which the plaintiff(s) was/were a(n) occupant(s)
was equipped with a lap seat, chest or shoulder harness; and indicate whether the
plaintiff(s) was/were wearing said device at the time of the accident.
18. Where applicable, a detailed statement of plaintiff's(') automobile damage
setting forth:
a. itemized cost of repair or replacement;
b. make, style, model, year of manufacture, serial number and license
number of plaintiff's(') automobile;
c. claimed market value immediately prior to accident;
d. length of time plaintiff(s) was/were deprived of said automobile
and the nature and amount of money damages claimed therefore.
e. the parts of the motor vehicle alleged to have been damaged and
the cost of repair or replacement.
f. date of purchase and original cost.
19. Set forth a description and itemization of all other alleged personal property
damage.
20. If loss of services is claimed, set forth a detailed description of said loss of
services, including the length of time the plaintiff(s) claim(s) deprived of same.
DATED: Bethpage, New York
May 10, 2018
DEBORAH S. REED, ESQ.
PICCIANO 5 SCAHILL, P.C.
Attorneys for Defendant
HANSRA) NAGESAR
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 32 833R 564
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TO: THE KRUPNIK LAW FIRM, P.C.
Attorneys for Plaintiffs
118-35 Queens Boulevard, Suite 1250
Forest Hills, New York 11375
(718) 205-4477
MENDOLIA & STENZ
Attorneys for Defendant
RANDY TULSIERAM
875 Merrick Avenue
Westbury, New York 11590
(516) 229-4219
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------X Index No. 704639/18
BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO,
Plaintiffs,
COMBINED DEMAND
-against-
FOR DISCOVERY
AND INSPECTION
HANSRAJ NEGESAR and RANDY TULSIERAM,
Defendants.
--------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable
rules of this Court, the defendant hereby demands that the Plaintiffs serve upon and produce
at the offices of PICCIANO & SCAHILL, P.C., 1065 Stewart Avenue, Suite 210, Bethpage,
o'
New York 11714, at 10:00 clock in the forenoon on June 10, 2018, for discovery and
inspection, photographing and copying the following:
1. The names and addresses of each person claimed by any party you represent,
to be a witness to any of the following:
a. the occurrence alleged in the complaint;
b. any acts, omissions or conditions which allegedly caused the
occurrence alleged in the complaint;
c. any actual notice allegedly given to the defendant(s) or any
employee of defendant(s) of any condition which allegedly caused the
occurrence alleged in the complaint;
d. the nature and duration of any condition which allegedly caused or
contributed to the occurrence set forth in the complaint;
e. the condition of the scene during and immediately following the
subject occurrence, including the position of the vehicles, where applicable;
f. any post-accident statements/admissions made by or on behalf of
the defendant(s);
g. the physical and mental conditions of, and the location of, the
parties, during and immediately following the subject occurrence;
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h. any person who the plaintiff intends to call to testify on the damages
portion of the trial,and their last known address.
The undersigned will object upon the trial of this matter as to the testimony of any
witness not specifically identified herein.
2. Each and every statement made by or on behalf of the defendant(s),
his/her/their agents, servants, and/or employees, now in your possession, custody or
control, or in the possession, custody or control of any party you represent in this action.
3. names and addresses of chiropractors and physio-
The all treating physicians,
therapists.
4. Copies of the medical reports of all physicians who have treated, examined or
x-rayed the party seeking recovery for the condition, disease or injury which is the subject
of this action or any prio_r related condition, disease or injury, whether or not such physician
technicians'
will testify at the trial hereof; identifying those x-rays and reports which will be
offered at trial, including reports of any prior related condition, disease or injury.
5. Duly executed, acknowledged, and original, HIPAA compliant, authorizations,
with Section 9A fully completed, permitting the undersigned to obtain and make copies
technicians'
of all hospital records, including x-rays and reports as may be referred to and
identified in any statements of the examined party's physicians.
6. a. Duly executed, acknowledged and original, HIPAA Compliant,
authorizations, with Section 9A fully completed, permitting the undersigned or their
representatives to examine and make copies of the office records of allphysicians and others
who examined, attended, cared for and treated the plaintiff(s) for the injury(ies) and
condition(s) and aggravation(s) for which damages are claimed in this lawsuit, including
actual x-rays, MRI, CT scans, test data and interpretations, consultations, diagnoses,
prognoses and medical history.
b. Duly executed, acknowledged and original HIPAA compliant
authorizations, with Section 9A fully completed, permitting the undersigned or their
representatives to examine and make copies of records of all physicians, hospitals and
others who examined, attended, cared for and treated the injured plaintiff(s) prior to the
alleged occurrence involved in this lawsuit for injuries and conditions to the same parts of
the body allegedly injured in said occurrence.
7. All photographs, audiotape, dvds, motion pictures, slides, videotape, and/or
surveillance in plaintiff's(')possession depicting:
a. the scene of the occurrence, including the subject intersection and/or
roadway;
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b. any alleged defective conditions, as they existed at and/or
immediately following the time of the subject occurrence;
c. any vehicle allegedly involved in the subject occurrence, both prior
and subsequent to the accident;
d. any injury of the plaintiff(s).
8. If loss of earnings or income from any self-employment source are claimed
herein, provide copies of the plaintiff's(') Federal Income Tax returns for the three years
prior to the year in which the accident is alleged to have occurred, the year of, and the year
following the alleged accident.
9. If not self-employed, provide duly executed, acknowledged and original
authorizations permitting the undersigned to obtain copies of all W-2 forms, payroll and
time ledgers. This demand is made regardless of whether there is a claim for lost wages.
10. If a claim has been presented to any municipal or governmental agency or
body in connection with the alleged occurrence which forms the basis of this lawsuit, provide
copies of the notice of claim filed on plaintiff's(') behalf as well as the full and complete
record of any and all hearings and depositions held before such body or agency in regard
to such claim.
11. Duly executed, acknowledged and current and original authorizations for
Worker's Compensation records including all reports of health care providers.
12. Duly executed and acknowledged authorizations from (the) (each) plaintiff
or their representatives to examine and make copies of the no-
permitting the undersigned
fault file maintained by any person or entity arising out of any claim for no-fault benefits
relative to the occurrence herein; provide the subject no-fault file and claim number.
13. Duly executed, acknowledged and original authorizations for allSocial Security
records, including but not limited to, applications, awards and findings pertaining to benefits
paid to plaintiff(s) and/or plaintiff's(') decedent(s).
14. Pursuant to CPLR §3101(d), provide the following:
a. the name and address of each expert witness expected to be called
at the time of trial;
b. the subject matter upon which each expert is expected to testify;
c. the substance of the facts and opinions on which each expert is
expected to testify;
d. the qualifications of each expert witness;
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e. a summary of the grounds for each expert's opinion.
15. If plaintiff(s) sustained any prior or subsequent injury or condition which is
similar or related to the injuries being alleged in the present matter, provide the following:
a. Duly executed, acknowledge, current, original HIPAA compliant
authorizations, with Section 9A fully completed, to allow defendant(s)
to obtain all medical records, hospital records, x-rays, MRI scans and
technical and diagnostic reports directed to any hospital, clinic or other
health care facility in which the injured plaintiff is or was treated or confined.
b. Names and addresses of all physicians or other health care providers
of every description who have consulted, examined, or treated plaintiff for
any prior/subsequent injuries or conditions.
c. Authorizations to allow defendant(s) to obtain all medical records of
each physician provider enumerated in (b), if such has not been provided.
d. Copies of all medical reports received from any and all
physician(s)/provider(s) enumerated in (a), (b) or (c).
e. Duly executed, acknowledge, current, original HIPAA compliant
authorizations, with Section 9A fully completed, to allow defendant(s)
to obtain complete pharmacy/drug store records with respect to all drugs
prescribed to plaintiff.
f. Authorizations to allow defendant(s) to obtain the complete legal file
relating to any and all said pre-existing conditions, and related prior or
subsequent injury, including all pleadings, Bill of Particulars, deposition
transcripts, medical, diagnostic and no-fault records.
16. If plaintiff(s) is/are claiming any disabilities following the occurrence, provide
duly executed, acknowledged and original authorizations permitting the undersigned or their
representatives to examine and make copies of plaintiff's(') employment records and/or
school records which relate to attendance, medical history, treatment and examinations by
allphysicians, nurses, hospitals and others.
17. Pursuant to CPLR §4545, copies of any and all books, records, bills, insurance
applications, insurance receipts, checks, cancelled checks and any and all other records
pertaining to collateral source reimbursements received by plaintiff(s) or on behalf of
plaintiff(s) for the special damages alleged in the instant lawsuit.
18. The names and addresses of allattorneys and parties who have appeared in
this action.
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19. Provide the index number and name of assigned judge, ifapplicable.
20. A copy of the plaintiff's(') government-issued photo identification.
Non-compliance with any of the foregoing demands shall form the basis of a motion
for preclusion, and objection upon the trial of this matter, as to any evidence or information
not provided.
PLEASE TAKE FURTHER NOTICE, that each of the foregoing demands shall be
deemed to be continuing up to, and including the trial of this action.
It shall be deemed sufficient compliance with the foregoing demands if the
information and photocopies of the documents requested are served by mail upon the
undersigned and received prior to the date specified above, and provided that all
authorizations are in full compliance with all Federal HIPAA requirements as to form and
substance.
DATED: Bethpage, New York
May 10, 2018
DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HANSRA) NAGESAR
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 32 833R 564
TO: THE KRUPNIK LAW FIRM, P.C.
Attorneys for Plaintiffs
118-35 Queens Boulevard, Suite 1250
Forest Hills, New York 11375
(718) 205-4477
MENDOLIA & STENZ
Attorneys for Defendant
RANDY TULSIERAM
875 Merrick Avenue
Westbury, New York 11590
(516) 229-4219
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------X Index No. 704639/18
BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO,
Plaintiffs,
DEMAND FOR MEDICARE/
-against- MEDICAID INFORMATION
HANSRAJ NEGESAR and RANDY TULSIERAM,
Defendants.
--------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395
(b) (8) (A), the undersigned attorneys for defendant, HANSRAJ NAGESAR, hereby
demands that plaintiff furnish within thirty (30) days of service of this notice the following:
1. A statement as to whether the plaintiff(s) has/have received benefits from
either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged
in the instant action. If so, please state and/or provide:
a. Plaintiff's(') full name;
b. Plaintiff's(') gender;
c. Plaintiff's(') date of birth;
d. Plaintiff's(') Social Security number;
e. Plaintiff's residence telephone number;
f. The Health Insurance Claim Number and/or Medicare/Medicaid file
number;
g. The address of the office handling the plaintiff's(') Medicare and/or
Medicaid file;
h. A duly executed authorization bearing plaintiff's date of birth and
Social Security number permitting this firm and/or the representatives of
defendant(s) to obtain copies of plaintiff's(') Medicare and/or Medicaid
records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any
such lien.
3. Provide copies of all documents, records,
Preview
FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS â€â€â€â€â€â€â€â€â€â€â€â€ -----------------------------------------------------------------X — Index No. 704639/18 BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO, Plaintiffs, VERIFIED ANSWER -against- HANSRA) NEGESAR and RANDY TULSIERAM, Defendants. ----------------------------------------------------------------X The defendant, HANSRA) NAGESAR, by his attorneys, PICCIANO 5 SCAHILL, P.C., as and for his Verified Answer, hereby alleges as follows: FIRST: Deny having knowledge or information sufficient to form a belief as to each "11" and every allegation set forth in paragraphs enumerated "1", "2", "3", "4", "5", "6", n23n n25n rr n34n "35" n4Qn through "23", "25", "26", "31", "34", , "40". "9" SECOND: Deny each and every allegation set forth in paragraphs enumerated , n1Qrr »lQ»»24»»27fl n24n rr27rr »28»»29»»3Q»»32»»33fl rr28rr »29n»3Qrr n32rr rr33rr rr36rr »36»»37»»38»»39» rr37rr rr38rr n39n n4]» fl4]» "10", I"24", I "27",I "28",rI"29", I1 "30", I "32",I "33", I"36", I "37",I "38",I "39", lI"41". AS AND FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE THIRD: The Plaintiffs have failed to obtain personal jurisdiction over the defendant, HANSRAJ NAGESAR. AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FOURTH: If itbe determined that the Plaintiffs failed to use available seat belts and/or harness, defendant pleads said fact as an absolute defense on the issue of liability and in mitigation of damages. 1 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FIFTH: That whatever damages, personal or property, or wrongful death plaintiff(s) may have sustained, ifany, at the time and place alleged in the complaint, or any amendments thereto, if not caused in whole by the carelessness, negligence, assumption of risk and culpable conduct of the plaintiff(s), and/or plaintiffs intestate, were then caused for the most part by the carelessness, negligence, culpable conduct and want of care on the part of the plaintiff(s) and/or plaintiff's intestate; and, if any carelessness, negligence or culpable conduct upon the part of defendant caused or contributed to such injury or wrongful death, such on the part of defendant bore only a slight proportion to the entire negligence, carelessness and culpable conduct attributable to both plaintiff(s) and defendant in causing the accident and any resulting injury. AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE SIXTH: In the event Plaintiffs recover a verdict or judgment against this defendant, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will,with reasonable certainty, replace or indemnify Plaintiffs, in whole or in part, for any past or future claimed economic loss, from any collateral source such as workers' insurance, social security, compensation or employee benefits programs. AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE injury" SEVENTH: The accident described in the Complaint did not result in a "serious to Plaintiffs as so defined in and by Section 5102(d) of the Insurance Law of the State of 2 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 New York, and as such, Plaintiffs had and have no right to institute, maintain or prosecute this action and are barred from doing so. The Plaintiffs did not sustain serious injury as defined by Section 5102(d) and their exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or other emergency, the defendant was left without time to contemplate or weigh alternative courses of action and therefore cannot reasonably be held to the standard of care required of one who has had a full opportunity to reflect and therefore was not negligent. AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant Workers' to the provisions of the New York State Compensation Law, Sections 11 and 29. AS AND FOR A CROSS-COMPLAINT AGAINST THE CO-DEFENDANT, RANDY TULSIERAM TENTH: Ifthe Plaintiffs were caused to sustain injury and damage at the time and place as set forth in the complaint through any carelessness, negligence or culpable conduct other than that of the Plaintiffs, said injuries and damages were caused by the negligence, carelessness and culpable conduct on the part of the co-defendant, RANDY TULSIERAM, his agents, servants and/or employees with the negligence, ifany, on the part of the answering defendant being slight and/or derivative only. By reason of the foregoing, 3 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 the co-defendant, RANDY TULSIERAM, will be liable to the answering defendant in the event, and in the amount, of recovery herein by the Plaintiffs, or in such amounts as the Court or jury may direct. WHEREFORE, the defendant, HANSRA) NAGESAR, demands judgment dismissing the complaint herein as to the answering defendant, and further demands judgment over and against the co-defendant, RANDY TULSIERAM, for the amount of any judgment which may be obtained herein by the Plaintiffs against the answering defendant, or in such amount as the Court or jury may direct, together with the costs and disbursements of this action. DATED: Bethpage, New York May 10, 2018 DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HANSRA) NAGESAR 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 32 833R 564 TO: THE KRUPNIK LAW FIRM, P.C. Attorneys for Plaintiffs 118-35 Queens Boulevard, Suite 1250 Forest Hills, New York 11375 (718) 205-4477 MENDOLIA & STENZ Attorneys for Defendant RANDY TULSIERAM 875 Merrick Avenue Westbury, New York 11590 (516) 229-4219 4 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X Index No. 704639/18 BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO, Plaintiffs, DEMAND FOR BILL -against- OF PARTICULARS HANSRAJ NEGESAR and RANDY TULSIERAM, Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that the Defendant, HANSRAJ NAGESAR, hereby demands that you serve upon the undersigned within thirty (30) days after the date service is made upon you of this notice, a Verified Bill of Particulars, setting forth in detail the following: 1. The age, date of birth, social security number and post office address for the plaintiff(s). 2. The date and approximate time of day of the subject occurrence. 3. The location of the alleged occurrence in sufficient detail to permit ready identification. 4. The manner in which the subject accident occurred. 5. A detailed statement of the acts and/or omissions constituting the negligence claimed against (the) (each) defendant(s). 6. If any violation of any statute, law, ordinance, rule, regulation or code is claimed to have been violated by the answering defendant(s), identifying same by article, section and paragraph numbers. 7. Whether it isclaimed that the defendant(s) had actual or constructive notice of any alleged defective condition. 8. If actual notice is claimed, set forth the date and to whom notice was given; if constructive notice is claimed, set forth the length of time it is alleged said condition existed. 9. A statement of all personal injuries claimed to have been sustained as a result of the occurrence, and the nature and extent thereof. 5 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 10. A statement of such injuries claimed to be permanent and the nature and extent thereof. 11. ~ The length of time: a. confined to a hospital, giving the name and address of said hospital; b. confined to bed; c. confined to house/home; d. totally disabled; e. partially disabled; and 12. Occupation(s) of the plaintiff(s), setting forth: a. name of employer; b. address of employer; c. dates incapacitated from employment; d. average weekly salary at the time of the accident; and e. loss of earnings. If plaintiff is a student, set forth: a. Name of school attended; b. Address; c. Dates of absence; 13. Separately state the amounts claimed as special damages: a. physician's services; b. medical supplies; c. hospital charges; d. x-ray expenses; e. nurse services; f. loss of earnings; and g. other expenses (itemize). "13" 14. a. State if any of the amounts in answer to Paragraph have been paid under coverage afforded by the Comprehensive Automobile Insurance Reparation Act. b. The amount of such payment. List each item separately. c. Name of insurance company making such payment and the claim number thereof. 15. State in what respect plaintiff(s) will claim to have sustained (1) a "serious injury" and (2) economic loss greater than "basic economic loss", as is required and defined under the Insurance Law, Section 5102(a) and (b). 6 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 16. State whether it isclaimed that any pre-existing condition or injury, including neurological disturbance, psychiatric condition or physical condition of the plaintiff(s) has/have been aggravated as a result of the occurrence. If so: (1) specify each pre-existing condition/injury that has been aggravated; and (2) state the manner in which each such condition/injury has been aggravated. 17. State whether the vehicle in which the plaintiff(s) was/were a(n) occupant(s) was equipped with a lap seat, chest or shoulder harness; and indicate whether the plaintiff(s) was/were wearing said device at the time of the accident. 18. Where applicable, a detailed statement of plaintiff's(') automobile damage setting forth: a. itemized cost of repair or replacement; b. make, style, model, year of manufacture, serial number and license number of plaintiff's(') automobile; c. claimed market value immediately prior to accident; d. length of time plaintiff(s) was/were deprived of said automobile and the nature and amount of money damages claimed therefore. e. the parts of the motor vehicle alleged to have been damaged and the cost of repair or replacement. f. date of purchase and original cost. 19. Set forth a description and itemization of all other alleged personal property damage. 20. If loss of services is claimed, set forth a detailed description of said loss of services, including the length of time the plaintiff(s) claim(s) deprived of same. DATED: Bethpage, New York May 10, 2018 DEBORAH S. REED, ESQ. PICCIANO 5 SCAHILL, P.C. Attorneys for Defendant HANSRA) NAGESAR 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 32 833R 564 7 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 TO: THE KRUPNIK LAW FIRM, P.C. Attorneys for Plaintiffs 118-35 Queens Boulevard, Suite 1250 Forest Hills, New York 11375 (718) 205-4477 MENDOLIA & STENZ Attorneys for Defendant RANDY TULSIERAM 875 Merrick Avenue Westbury, New York 11590 (516) 229-4219 8 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------X Index No. 704639/18 BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO, Plaintiffs, COMBINED DEMAND -against- FOR DISCOVERY AND INSPECTION HANSRAJ NEGESAR and RANDY TULSIERAM, Defendants. --------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable rules of this Court, the defendant hereby demands that the Plaintiffs serve upon and produce at the offices of PICCIANO & SCAHILL, P.C., 1065 Stewart Avenue, Suite 210, Bethpage, o' New York 11714, at 10:00 clock in the forenoon on June 10, 2018, for discovery and inspection, photographing and copying the following: 1. The names and addresses of each person claimed by any party you represent, to be a witness to any of the following: a. the occurrence alleged in the complaint; b. any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; c. any actual notice allegedly given to the defendant(s) or any employee of defendant(s) of any condition which allegedly caused the occurrence alleged in the complaint; d. the nature and duration of any condition which allegedly caused or contributed to the occurrence set forth in the complaint; e. the condition of the scene during and immediately following the subject occurrence, including the position of the vehicles, where applicable; f. any post-accident statements/admissions made by or on behalf of the defendant(s); g. the physical and mental conditions of, and the location of, the parties, during and immediately following the subject occurrence; 9 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 h. any person who the plaintiff intends to call to testify on the damages portion of the trial,and their last known address. The undersigned will object upon the trial of this matter as to the testimony of any witness not specifically identified herein. 2. Each and every statement made by or on behalf of the defendant(s), his/her/their agents, servants, and/or employees, now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action. 3. names and addresses of chiropractors and physio- The all treating physicians, therapists. 4. Copies of the medical reports of all physicians who have treated, examined or x-rayed the party seeking recovery for the condition, disease or injury which is the subject of this action or any prio_r related condition, disease or injury, whether or not such physician technicians' will testify at the trial hereof; identifying those x-rays and reports which will be offered at trial, including reports of any prior related condition, disease or injury. 5. Duly executed, acknowledged, and original, HIPAA compliant, authorizations, with Section 9A fully completed, permitting the undersigned to obtain and make copies technicians' of all hospital records, including x-rays and reports as may be referred to and identified in any statements of the examined party's physicians. 6. a. Duly executed, acknowledged and original, HIPAA Compliant, authorizations, with Section 9A fully completed, permitting the undersigned or their representatives to examine and make copies of the office records of allphysicians and others who examined, attended, cared for and treated the plaintiff(s) for the injury(ies) and condition(s) and aggravation(s) for which damages are claimed in this lawsuit, including actual x-rays, MRI, CT scans, test data and interpretations, consultations, diagnoses, prognoses and medical history. b. Duly executed, acknowledged and original HIPAA compliant authorizations, with Section 9A fully completed, permitting the undersigned or their representatives to examine and make copies of records of all physicians, hospitals and others who examined, attended, cared for and treated the injured plaintiff(s) prior to the alleged occurrence involved in this lawsuit for injuries and conditions to the same parts of the body allegedly injured in said occurrence. 7. All photographs, audiotape, dvds, motion pictures, slides, videotape, and/or surveillance in plaintiff's(')possession depicting: a. the scene of the occurrence, including the subject intersection and/or roadway; 10 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 b. any alleged defective conditions, as they existed at and/or immediately following the time of the subject occurrence; c. any vehicle allegedly involved in the subject occurrence, both prior and subsequent to the accident; d. any injury of the plaintiff(s). 8. If loss of earnings or income from any self-employment source are claimed herein, provide copies of the plaintiff's(') Federal Income Tax returns for the three years prior to the year in which the accident is alleged to have occurred, the year of, and the year following the alleged accident. 9. If not self-employed, provide duly executed, acknowledged and original authorizations permitting the undersigned to obtain copies of all W-2 forms, payroll and time ledgers. This demand is made regardless of whether there is a claim for lost wages. 10. If a claim has been presented to any municipal or governmental agency or body in connection with the alleged occurrence which forms the basis of this lawsuit, provide copies of the notice of claim filed on plaintiff's(') behalf as well as the full and complete record of any and all hearings and depositions held before such body or agency in regard to such claim. 11. Duly executed, acknowledged and current and original authorizations for Worker's Compensation records including all reports of health care providers. 12. Duly executed and acknowledged authorizations from (the) (each) plaintiff or their representatives to examine and make copies of the no- permitting the undersigned fault file maintained by any person or entity arising out of any claim for no-fault benefits relative to the occurrence herein; provide the subject no-fault file and claim number. 13. Duly executed, acknowledged and original authorizations for allSocial Security records, including but not limited to, applications, awards and findings pertaining to benefits paid to plaintiff(s) and/or plaintiff's(') decedent(s). 14. Pursuant to CPLR §3101(d), provide the following: a. the name and address of each expert witness expected to be called at the time of trial; b. the subject matter upon which each expert is expected to testify; c. the substance of the facts and opinions on which each expert is expected to testify; d. the qualifications of each expert witness; 11 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 e. a summary of the grounds for each expert's opinion. 15. If plaintiff(s) sustained any prior or subsequent injury or condition which is similar or related to the injuries being alleged in the present matter, provide the following: a. Duly executed, acknowledge, current, original HIPAA compliant authorizations, with Section 9A fully completed, to allow defendant(s) to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports directed to any hospital, clinic or other health care facility in which the injured plaintiff is or was treated or confined. b. Names and addresses of all physicians or other health care providers of every description who have consulted, examined, or treated plaintiff for any prior/subsequent injuries or conditions. c. Authorizations to allow defendant(s) to obtain all medical records of each physician provider enumerated in (b), if such has not been provided. d. Copies of all medical reports received from any and all physician(s)/provider(s) enumerated in (a), (b) or (c). e. Duly executed, acknowledge, current, original HIPAA compliant authorizations, with Section 9A fully completed, to allow defendant(s) to obtain complete pharmacy/drug store records with respect to all drugs prescribed to plaintiff. f. Authorizations to allow defendant(s) to obtain the complete legal file relating to any and all said pre-existing conditions, and related prior or subsequent injury, including all pleadings, Bill of Particulars, deposition transcripts, medical, diagnostic and no-fault records. 16. If plaintiff(s) is/are claiming any disabilities following the occurrence, provide duly executed, acknowledged and original authorizations permitting the undersigned or their representatives to examine and make copies of plaintiff's(') employment records and/or school records which relate to attendance, medical history, treatment and examinations by allphysicians, nurses, hospitals and others. 17. Pursuant to CPLR §4545, copies of any and all books, records, bills, insurance applications, insurance receipts, checks, cancelled checks and any and all other records pertaining to collateral source reimbursements received by plaintiff(s) or on behalf of plaintiff(s) for the special damages alleged in the instant lawsuit. 18. The names and addresses of allattorneys and parties who have appeared in this action. 12 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 19. Provide the index number and name of assigned judge, ifapplicable. 20. A copy of the plaintiff's(') government-issued photo identification. Non-compliance with any of the foregoing demands shall form the basis of a motion for preclusion, and objection upon the trial of this matter, as to any evidence or information not provided. PLEASE TAKE FURTHER NOTICE, that each of the foregoing demands shall be deemed to be continuing up to, and including the trial of this action. It shall be deemed sufficient compliance with the foregoing demands if the information and photocopies of the documents requested are served by mail upon the undersigned and received prior to the date specified above, and provided that all authorizations are in full compliance with all Federal HIPAA requirements as to form and substance. DATED: Bethpage, New York May 10, 2018 DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HANSRA) NAGESAR 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 32 833R 564 TO: THE KRUPNIK LAW FIRM, P.C. Attorneys for Plaintiffs 118-35 Queens Boulevard, Suite 1250 Forest Hills, New York 11375 (718) 205-4477 MENDOLIA & STENZ Attorneys for Defendant RANDY TULSIERAM 875 Merrick Avenue Westbury, New York 11590 (516) 229-4219 13 of 21 FILED: QUEENS COUNTY CLERK 05/14/2018 10:12 AM INDEX NO. 704639/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X Index No. 704639/18 BHAGRATTIE CHATOOR and DENISE MADRAMOOTOO, Plaintiffs, DEMAND FOR MEDICARE/ -against- MEDICAID INFORMATION HANSRAJ NEGESAR and RANDY TULSIERAM, Defendants. --------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395 (b) (8) (A), the undersigned attorneys for defendant, HANSRAJ NAGESAR, hereby demands that plaintiff furnish within thirty (30) days of service of this notice the following: 1. A statement as to whether the plaintiff(s) has/have received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: a. Plaintiff's(') full name; b. Plaintiff's(') gender; c. Plaintiff's(') date of birth; d. Plaintiff's(') Social Security number; e. Plaintiff's residence telephone number; f. The Health Insurance Claim Number and/or Medicare/Medicaid file number; g. The address of the office handling the plaintiff's(') Medicare and/or Medicaid file; h. A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and/or the representatives of defendant(s) to obtain copies of plaintiff's(') Medicare and/or Medicaid records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3. Provide copies of all documents, records,