Preview
FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:( 05/14/2018
MFI/mjl/1834605
TA-17-02-10-12-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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X
GLORIA KIRKLAND,
Plaintiff(s), Index No.: 152189/18
-against- VERIFIED ANSWER
CITY OF NEW YORK, NEW YORK CITY
TRANSIT AUTHORITY, NEW YORK CITY
DEPARTMENT OF SANITATION, NEW YORK
CITY DEPARTMENT OF TRANSPORTATION,
NEW YORK CITY DEPARTMENT OF DESIGN
AND CONSTRUCTION, METROPOLITAN
TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION
AUTHORITY CAPITAL CONSTRUCTION
COMPANY and MTA BRIDGES AND TUNNELS,
Defendant(s).
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Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION (sued
herein as "METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL
CONSTRUCTION COMPANY"
COMPANY") answers Plaintiff's(s') Verified Complaint as follows:
1. Deny that they have the knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) 1, 2, 3, 6, 7, 8, 9, 10, 11, 17, 18, 19, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 54, 55, 56, 57, 58, 59, 60, 61, 62,63, 64, 65, 66, 67, 68,
69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94,
95, 96, 97, 98, 99, 100, 101, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,
147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165,
166, 167, 168, 169, 170, 171, 173,176, 177, 178, 191, 192, 193, 194, 195, 196, 197, 198, 199,
200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
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219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237,
238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248,249, 250, 251, 252, 253, 254, 255, 261,
281, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317 and 321 of the verified complaint.
2. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 4, 12,
13 and 15 of the Verified Complaint except admits at all times mentioned in the verified
complaint defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION were and still are
public benefit corporations duly organized and existing under and by virtue of the laws of the
State of New York.
3. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
5, 14, 16, 20 and 21 of the Verified Complaint except admits that: A certain paper purporting
to be a notice of claim was received by the office of the Defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA
CAPITAL CONSTRUCTION ; that more than thirty days elapsed since receipt thereof and
said matter remains unadjusted and unpaid; that less than one year and ninety days has
elapsed from the alleged happening of the occurrence herein until the commencement of this
action; and that a statutory hearing was held.
4. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 38, 40,
41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 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, 128, 129, 130, 131,
132, 133, 172, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 256, 257,
258, 259, 260, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277,
278, 279,280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 318,
319, 320 and 323 of the Verified Complaint.
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5. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 39, 42
and 43 of the Verified Complaint except admit that at all times mentioned in the verified
YORK'
complaint defendant NEW YORK CITY TRANSIT AUTHORITY leased, operated and
maintained a subway system in the City of New York, which included a station designated
86th "1"
as Street, on the line.
6. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 322 of
the Verified Complaint and refer all questions of law to this Honorable Court.
FIRST AFFIRMATIVE DEFENSE:
CULPABLE CONDUCT
7. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have
sustained at the time and place mentioned in the Verified Complaint, were caused, in whole
or in part, by Plaintiff s(s') culpable conduct. The amount of damages recovered, if any, shall
be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused
said injuries and/or damages.
SECOND AFFIRMATIVE DEFENSE:
COLLATERALSOURCE
8. Upon information and belief, any award for recovery of the cost of medical care, dental
care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed
by Plaintiffs(s') shall be reduced to the extent that any such cost was or will with reasonable
certainty be replaced or indemnified from any collateral source pursuant to CPLR $4545.
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- AS AND FOR A CROSS-CLAIM AGAINST
DEFENDANT(S), CITY OF NEWYORK, NEWYORK
CITY DEPARTMENT OF SANITATION, NEW
YORK CITY DEPARTMENT OF
TRANSPORTATION and NEW YORK CITY
DEPARTMENT .OF DESIGN AND
CONSTRUCTION, DEFENDANT(S), NEW YORK
CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY and MTA
CAPITAL CONSTRUCTION, ALLEGE(S), UPON
INFORMATION AND BELIEF:
9. That if the plaintiff(s) was caused to sustain injuries or damages at the time and place
set forth in plaintiff('s/s') complaint, through any negligence, carelessness and recklessness
other than said plaintiff('s/s') own negligence, carelessness and recklessness, said injuries
and damages were sustained by reason of the negligence, carelessness and recklessness of
the defendant(s), CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF
SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and NEW
YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, and if there is any
recovery obtained by the plaintiff(s) against the defendant(s), NEW YORK CITY TRANSIT
AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL
CONSTRUCTION, they will be damaged thereby, and the defendant(s), CITY OF NEW
YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT OF
DESIGN AND CONSTRUCTION, will be primarily responsible therefore.
10. By reason of the foregoing, the defendant(s), CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION and NEW YORK CITY DEPARTMENT OF DESIGN AND
CONSTRUCTION, will be liable to the defendant(s), NEW YORK CITY TRANSIT
AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL
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CONSTRUCTION, in whole or in part for any such recovery against the defendant(s), NEW
YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY and MTA CAPITAL CONSTRUCTION.
WHEREFORE, defendant(s), NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL
CONSTRUCTION, demand(s) judgment dismissing the complaint of the plaintiff(s) with
costs; but if the plaintiff(s) herein recover(s) against the defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA
CAPITAL CONSTRUCTION, then defendant(s), NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL
CONSTRUCTION, demand(s) that such recovery be diminished in the proportion which the
culpable conduct attributable to the plaintiff(s), bears to the culpable conduct which caused
the damages herein; the defendant(s), NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL
CONSTRUCTION, further demands(s) that the judgment entered, based on such diminished
recovery, be entered so that the liability of each defendant(s) be apportioned and said
judgment entered in accordance with each such defendant's degree of culpability.
Dated: Brooklyn, New York
May J# 2018
I
LAWRENCE HEISLER
By: Matthew Finkel, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY, and
MTA CAPITAL CONSTRUCTION
Livingston Street - 11th Floor
130
Brooklyn, New York 11201
(718) 694-3878
File No.: TA-17-02-10-12-001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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GLORIA KIRKLAND,
Plaintiff(s), Index No.: 152189/18
-against- DEMAND FOR AVERIFIED
BILL OF PARTICULARS
CITY OF NEW YORK, NEW YORK CITY
TRANSIT AUTHORITY, NEW YORK CITY
DEPARTMENT OF SANITATION, NEW YORK
CITY DEPARTMENT OF TRANSPORTATION,
NEW YORK CITY DEPARTMENT OF DESIGN
AND CONSTRUCTION, METROPOLITAN
TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION
AUTHORITY CAPITAL CONSTRUCTION
COMPANY and MTA BRIDGES AND TUNNELS,
Defendant(s).
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Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of this
demand, serve upon the undersigned, a Verified Bill of Particulars stating the following:
1. Plaintiffs address.
2. Plaintiffs date of birth.
3. Plaintiffs social security number.
4. Date and time of the alleged occurrence.
5. The exact location of the alleged occurrence, giving distance from and between certain
fixed points, such as street corners, curbs, crosswalks, buildings, location on station platforms
in relation to fixed points on the platform, etc.
6. If the alleged occurrence took place on a stairway, state the exact location, the number
of said stairway, and the particular step involved.
7. If a bus or other vehicle was involved, state its direction, number, route, license plate
number, and the name and badge number of the Defendant's employee in charge of said
vehicle. If the name and badge number of said employee is unavailable, provide a detailed
description of the employee including sex, height, weight, complexion, and other identifying
features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a bus,
state Plaintiffs exact location within the bus prior to the alleged occurrence.
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8. If a train was involved, state its direction, the car number(s), the subject car's position
within the sequence of cars, and the name and badge number of the Defendant's employee in
charge of said train. If the name and badge number of said employee is unavailable, provide
a detailed description of such employee including sex, height, weight, complexion, and other
identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger
on a train, state Plaintiffs exact location within the train car prior to the alleged occurrence.
9. If a police officer appeared at the scene of the alleged occurrence, or is otherwise
involved in the subject matter of the instant action, state the name, shield number and
precinct or command of the officer(s).
10. State the precise acts or omissions constituting the negligence alleged. If violations of
statutes, ordinances, rules or regulations are claimed, specify same. If a defect, dangerous
condition, or foreign substance is alleged, state its exact nature, location, and duration of
existence.
11. Where notice of a condition is a prerequisite, state whether actual or constructive
notice is claimed. If actual notice is claimed, state when, by, and to whom, same was given.
If constructive notice is claimed, state the length of time it is claimed the condition existed
prior to the occurrence, in the terms of minutes, hours, days, weeks, or months.
12. State the nature, extent, and location of each and every injury alleged to have been
sustained, and which, ifany, are claimed to be permanent.
13. In an action designated in §5104(a) of the Insurance Law, state in what respect
Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the Insurance
Law, or economic loss greater than basic economic loss, as defined in §5102 subdivision 1 of
the Insurance Law.
14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint
prior to the negligence alleged in the Complaint, state:
a. The nature of the pre-existing injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said pre-existing injury or condition prior to the negligence
alleged herein, indicating dates of treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for any aggravation of said pre-existing injury or condition
subsequent to the occurrence alleged in the Complaint, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said pre-existing
injury or condition, and specify the court in which the action was brought, the
index number, and the name of the attorney, ifany, who brought said action.
15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
subsequent to the negligence alleged in the Complaint, caused by or related to the negligence
alleged in the Complaint, state:
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a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
d. the names and addresses of all medical.care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said injury or
condition, and specify the court in which the action was brought, the index
number, and the name of the attorney, ifany, who brought said action.
16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint or
any other damages or injuries, subsequent to the injuries alleged in the Complaint, caused
by any reason other than the negligence alleged in the Contplaint, state:
a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said injury or
condition, and specify the court in which the action was brought, the index
number, and the name of the attorney, if any, who brought said action.
17. List the names and addresses of all hospitals, medical facilities, doctors, clinics, and/or
health care providers of any kind that diagnosed or treated Plaintiff(s), indicating all dates
of diagnosis and treatment arising out of the negligence alleged in the Complaint.
18. If Plaintiff alleges any damage(s) regarding his or her status as a student, state the
name and address of the learning institution, grade or class, and all damages arising out of
the negligence alleged, including but not limited to, the length of time absent, dates of
absences, reduction of grades, etc.
19. State Plaintiffs(s') occupation, the full name and address of Plaintiffs(s') employer,
the name of Plaintiffs direct supervisor, the length of time incapacitated from employment,
and all other employment-related damages arising out of the negligence alleged in the
Complaint, including loss of potential income or other opportunity.
20. State the total amounts claimed as special damages for:
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a. All health care providers, indicating the names and addresses and amounts for
each;
b. medical supplies;
c. loss of earnings, specifying name(s) and address(es) of employers;
d. any portion of lost earnings which was reimbursed by disability insurance,
Workers'
Compensation, Social Security, and/or any other collateral source;
e. anticipated loss of earning capacity specifying what possible occupations,
promotions, or business opportunities Plaintiff claims to have lost;
f. nurse service, housekeeping service, or other services, specifying names,
addresses and amount for each;
g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she
would have performed, specifying the name and address of each person(s)
performing such services and period of time in which such services were
performed;
h. transportation costs; and
i. any other special damages claimed by Plaintiff.
21. If Plaintiff is eligible for, currently receiving, or has ever applied for, Social Security
Disability benefits, provide copies of all Social Security Disability records and the application
for same. Provide Plaintiffs SSDI number, and the date(s) upon which Plaintiff became
eligible for said benefits, the basis for eligibility, and the duration of eligibility.
22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare
benefits, provide copies of all Medicare records and the application for same. Provide
Plaintiffs Medical Health Insurance Claim Number (HICN) and a copy of Plaintiffs HICN
card, the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility,
and the duration of eligibility.
23. If property damage is claimed, provide an itemized list of damage and the itemized
cost of a repair or replacement. If property damage is to a vehicle, state make, model, mileage,
overall condition, and age of vehicle, together with list of repairs, and itemized cost of same.
State whether such loss or expense was covered by insurance. State the name and address of
the insurer, the policy number, the dates and limits of coverage and deductible, if any. If
Plaintiff was not the driver of Plaintiffs vehicle at the time of the alleged occurrence, state
the name, address, and age of the driver, and the driver's relationship to Plaintiff.
24. A copy of Plaintiffs driver's license, registration, and the title of the vehicle involved.
25. A copy of any report, note, letter, video, audio recording, or any writing, completed by
or of Plaintiff, regarding the alleged occurrence and/or any damages alleged herein, including
but not limited to, any of the above provided to any insurance company, No-Fault provider,
or any other entity or person(s).
26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle
was hired or rented to replace it, the rate per unit of time and duration of the rental. State
whether such loss or expense was covered by insurance, including the name and address of
the insurer, the policy number, and the dates and limits of coverage and deductible, if any.
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27. If loss of services and/or society of any person is claimed, state the length of time
thereof and the nature and extent of the alleged loss.
28. If any of the special damages set forth above were reimbursed to any degree by
Workers'
insurance, Compensation, Medicaid, Social Security, or any other collateral source
covering medical and dental expenses, replacement of income, or other expenses, state:
a. The amount reimbursed and the reimbursing agency;
b. whether said reimbursing agency has filed a lien in connection therewith.
Include any benefit covering any alleged loss herein and the nature of the
benefit; and
c. where the benefit is in the form of insurance, the name and address of the
carrier, the amount of the premium, the source of payment of the premium,
and the policy number. In providing the sources of all benefits, list the names
of employers, unions, pension plans, etc., and all other information identifying
with specificity the source of the benefits.
Dated: Brooklyn, New York
May 2018
/'/
LAWRENCE HEISLER
By: Matthew Finkel, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY, and
MTA CAPITAL CONSTRUCTION
130 Livingston Street - 11th Floor
Brooklyn, New York 11201
(718) 694-3878
File No.: TA-17-02-10-12-001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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GLORIA KIRKLAND,
Plaintiff(s), Index No.: 152189/18
-against- DISCOVERY DEMANDS
CITY OF NEW YORK, NEW YORK CITY
TRANSIT AUTHORITY, NEW YORK CITY
DEPARTMENT OF SANITATION, NEW YORK
CITY DEPARTMENT OF TRANSPORTATION,
NEW YORK CITY DEPARTMENT OF DESIGN
AND CONSTRUCTION, METROPOLITAN
TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION
AUTHORITY CAPITAL CONSTRUCTION
COMPANY and MTA BRIDGES AND TUNNELS,
Defendant(s).
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Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this
demand, serve the following items upon the undersigned:
1. A list of those who have appeared in this action, together with their addresses, their
attorneys and their attorney's addresses, in sufficient detail to permit service of papers
pursuant to CPLR §2103, together with copies of all pleadings had herein.
2. Any and all books, records, bills, insurance applications, insurance receipts, cancelled
checks, and other records pertaining to collateral source reimbursement received by
Plaintiff(s) or on behalf of Plaintiffs(s') special damages alleged in the instant lawsuit.
3. Authorizations permitting the Defendant(s) to obtain the records of any person,
institution, facility, or governmental agency which has provided, or will provide, any
reimbursement for any of the special damages alleged herein.
4. Authorizations permitting the Defendant(s) to obtain all Social Security records,
Workers' No-
Medicare records, Compensation records, employees benefit program records,
Fault records, and any disability records pertaining to Plaintiff(s) herein.
5. The birth certificate of the infant Plaintiff(s) in the above-captioned matter.
6. Marriage licenses, or other writings evidencing the marriage existing by and between
Plaintiff(s) herein, and authorizations for the release of same.
7. A copy of the Metrocard used on the date of the negligence alleged in the Complaint.
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8. The executed statutory hearing transcript conducted of Plaintiff(s) by the
Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, The City of
New York, and any other entity that conducted a hearing, or examination under oath, of
Plaintiff(s) regarding the negligence or occurrences alleged in the Complaint.
9. All school records and authorizations for same related to Plaintiffs(s') academic and
attendance records at school in connection with the negligence alleged in the complaint.
10. The names and address of all institutions, corporations, persons, or others by whom
Plaintiff(s) was employed for five years prior to the negligence alleged in the Complaint to
present.
11. Authorizations to permit the Defendant(s) to obtain the records of Plaintiffs(s')
earnings, position, title, working capacity, record of attendance, record of illness, and
employment status for the period five years prior to the date of the negligence alleged in the
Complaint to present.
12. Copies of federal, state, and city income tax returns, including W-2 forms, for the
period five years prior to the date of the negligence alleged in the Complaint to present.
13. Authorizations to permit the Defendant(s) to obtain copies of federal, state, and city
income tax returns, including W-2 forms, for the period five years prior to the date of the
negligence alleged in the Complaint to present.
14. HIPAA-compliant authorizations using NYS OCA Official Form 960 (Located online
at: www.nycourts.gov/forms/hipaa_fillable.pdf) for all medical, pharmaceutical, physician,
hospital records, and all other medical care providers who examined, diagnosed, and/or
rendered treatment to Plaintiff(s), and/or stated a prognosis regarding Plaintiffs alleged
condition, in connection with the damages/injuries alleged in the Complaint, including but
not limited to, reports, office records, charts, prescriptions, x-rays, operative video or
photographs, radiological films, CT Scans, MRIs, diagnostic reports, and laboratory reports,
Litigation"
with an "End of expiration date.
15. Authorizations compliant with Arons v. Jutkowitz, 9 N.Y.3d 393 (N.Y. 2007) allowing
the undersigned to speak with all medical care providers who examined, diagnosed, and/or
rendered treatment to Plaintiff(s). Plaintiff may also satisfy this demand by completing
section 9(b) of NYS OCA Official Form 960 (Located online at:
www.nycourts.gov/forms/hipaa_fillable.pdf).
16. All medical reports pursuant to 22 NYCRR §202.17 and Hamilton v. City of New York,
262 A.D.2d 283 [1999] (Please note that in Hamilton, the Court of Appeals held that Plaintiff
must provide medical reports in addition to authorizations for the same).
17. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
prior to the negligence alleged in the Complaint, Defendant demands HIPAA-compliant
authorizations for those conditions or injuries as set forth in paragraph and Arons-
14,
compliant authorizations as set forth in paragraph 15.
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FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF:( 05/14/2018 MFI/mjl/1834605 TA-17-02-10-12-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------- X GLORIA KIRKLAND, Plaintiff(s), Index No.: 152189/18 -against- VERIFIED ANSWER CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY and MTA BRIDGES AND TUNNELS, Defendant(s). --------------------------------------------------------------------------- X Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION (sued herein as "METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY" COMPANY") answers Plaintiff's(s') Verified Complaint as follows: 1. Deny that they have the knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) 1, 2, 3, 6, 7, 8, 9, 10, 11, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 54, 55, 56, 57, 58, 59, 60, 61, 62,63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 173,176, 177, 178, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 1 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248,249, 250, 251, 252, 253, 254, 255, 261, 281, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 and 321 of the verified complaint. 2. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 4, 12, 13 and 15 of the Verified Complaint except admits at all times mentioned in the verified complaint defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION were and still are public benefit corporations duly organized and existing under and by virtue of the laws of the State of New York. 3. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 5, 14, 16, 20 and 21 of the Verified Complaint except admits that: A certain paper purporting to be a notice of claim was received by the office of the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION ; that more than thirty days elapsed since receipt thereof and said matter remains unadjusted and unpaid; that less than one year and ninety days has elapsed from the alleged happening of the occurrence herein until the commencement of this action; and that a statutory hearing was held. 4. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 38, 40, 41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 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, 128, 129, 130, 131, 132, 133, 172, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 256, 257, 258, 259, 260, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279,280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 318, 319, 320 and 323 of the Verified Complaint. 2 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 5. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 39, 42 and 43 of the Verified Complaint except admit that at all times mentioned in the verified YORK' complaint defendant NEW YORK CITY TRANSIT AUTHORITY leased, operated and maintained a subway system in the City of New York, which included a station designated 86th "1" as Street, on the line. 6. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 322 of the Verified Complaint and refer all questions of law to this Honorable Court. FIRST AFFIRMATIVE DEFENSE: CULPABLE CONDUCT 7. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have sustained at the time and place mentioned in the Verified Complaint, were caused, in whole or in part, by Plaintiff s(s') culpable conduct. The amount of damages recovered, if any, shall be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused said injuries and/or damages. SECOND AFFIRMATIVE DEFENSE: COLLATERALSOURCE 8. Upon information and belief, any award for recovery of the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed by Plaintiffs(s') shall be reduced to the extent that any such cost was or will with reasonable certainty be replaced or indemnified from any collateral source pursuant to CPLR $4545. 3 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 - AS AND FOR A CROSS-CLAIM AGAINST DEFENDANT(S), CITY OF NEWYORK, NEWYORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT .OF DESIGN AND CONSTRUCTION, DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, ALLEGE(S), UPON INFORMATION AND BELIEF: 9. That if the plaintiff(s) was caused to sustain injuries or damages at the time and place set forth in plaintiff('s/s') complaint, through any negligence, carelessness and recklessness other than said plaintiff('s/s') own negligence, carelessness and recklessness, said injuries and damages were sustained by reason of the negligence, carelessness and recklessness of the defendant(s), CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, and if there is any recovery obtained by the plaintiff(s) against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, they will be damaged thereby, and the defendant(s), CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, will be primarily responsible therefore. 10. By reason of the foregoing, the defendant(s), CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, will be liable to the defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL 4 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 CONSTRUCTION, in whole or in part for any such recovery against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION. WHEREFORE, defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, demand(s) judgment dismissing the complaint of the plaintiff(s) with costs; but if the plaintiff(s) herein recover(s) against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, then defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, demand(s) that such recovery be diminished in the proportion which the culpable conduct attributable to the plaintiff(s), bears to the culpable conduct which caused the damages herein; the defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, further demands(s) that the judgment entered, based on such diminished recovery, be entered so that the liability of each defendant(s) be apportioned and said judgment entered in accordance with each such defendant's degree of culpability. Dated: Brooklyn, New York May J# 2018 I LAWRENCE HEISLER By: Matthew Finkel, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and MTA CAPITAL CONSTRUCTION Livingston Street - 11th Floor 130 Brooklyn, New York 11201 (718) 694-3878 File No.: TA-17-02-10-12-001 5 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------- X GLORIA KIRKLAND, Plaintiff(s), Index No.: 152189/18 -against- DEMAND FOR AVERIFIED BILL OF PARTICULARS CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY and MTA BRIDGES AND TUNNELS, Defendant(s). --------------------------------------------------------------------------- X Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of this demand, serve upon the undersigned, a Verified Bill of Particulars stating the following: 1. Plaintiffs address. 2. Plaintiffs date of birth. 3. Plaintiffs social security number. 4. Date and time of the alleged occurrence. 5. The exact location of the alleged occurrence, giving distance from and between certain fixed points, such as street corners, curbs, crosswalks, buildings, location on station platforms in relation to fixed points on the platform, etc. 6. If the alleged occurrence took place on a stairway, state the exact location, the number of said stairway, and the particular step involved. 7. If a bus or other vehicle was involved, state its direction, number, route, license plate number, and the name and badge number of the Defendant's employee in charge of said vehicle. If the name and badge number of said employee is unavailable, provide a detailed description of the employee including sex, height, weight, complexion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a bus, state Plaintiffs exact location within the bus prior to the alleged occurrence. 6 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 8. If a train was involved, state its direction, the car number(s), the subject car's position within the sequence of cars, and the name and badge number of the Defendant's employee in charge of said train. If the name and badge number of said employee is unavailable, provide a detailed description of such employee including sex, height, weight, complexion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a train, state Plaintiffs exact location within the train car prior to the alleged occurrence. 9. If a police officer appeared at the scene of the alleged occurrence, or is otherwise involved in the subject matter of the instant action, state the name, shield number and precinct or command of the officer(s). 10. State the precise acts or omissions constituting the negligence alleged. If violations of statutes, ordinances, rules or regulations are claimed, specify same. If a defect, dangerous condition, or foreign substance is alleged, state its exact nature, location, and duration of existence. 11. Where notice of a condition is a prerequisite, state whether actual or constructive notice is claimed. If actual notice is claimed, state when, by, and to whom, same was given. If constructive notice is claimed, state the length of time it is claimed the condition existed prior to the occurrence, in the terms of minutes, hours, days, weeks, or months. 12. State the nature, extent, and location of each and every injury alleged to have been sustained, and which, ifany, are claimed to be permanent. 13. In an action designated in §5104(a) of the Insurance Law, state in what respect Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the Insurance Law, or economic loss greater than basic economic loss, as defined in §5102 subdivision 1 of the Insurance Law. 14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint prior to the negligence alleged in the Complaint, state: a. The nature of the pre-existing injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said pre-existing injury or condition prior to the negligence alleged herein, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for any aggravation of said pre-existing injury or condition subsequent to the occurrence alleged in the Complaint, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said pre-existing injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, ifany, who brought said action. 15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, subsequent to the negligence alleged in the Complaint, caused by or related to the negligence alleged in the Complaint, state: 7 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; d. the names and addresses of all medical.care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, ifany, who brought said action. 16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint or any other damages or injuries, subsequent to the injuries alleged in the Complaint, caused by any reason other than the negligence alleged in the Contplaint, state: a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, if any, who brought said action. 17. List the names and addresses of all hospitals, medical facilities, doctors, clinics, and/or health care providers of any kind that diagnosed or treated Plaintiff(s), indicating all dates of diagnosis and treatment arising out of the negligence alleged in the Complaint. 18. If Plaintiff alleges any damage(s) regarding his or her status as a student, state the name and address of the learning institution, grade or class, and all damages arising out of the negligence alleged, including but not limited to, the length of time absent, dates of absences, reduction of grades, etc. 19. State Plaintiffs(s') occupation, the full name and address of Plaintiffs(s') employer, the name of Plaintiffs direct supervisor, the length of time incapacitated from employment, and all other employment-related damages arising out of the negligence alleged in the Complaint, including loss of potential income or other opportunity. 20. State the total amounts claimed as special damages for: 8 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 a. All health care providers, indicating the names and addresses and amounts for each; b. medical supplies; c. loss of earnings, specifying name(s) and address(es) of employers; d. any portion of lost earnings which was reimbursed by disability insurance, Workers' Compensation, Social Security, and/or any other collateral source; e. anticipated loss of earning capacity specifying what possible occupations, promotions, or business opportunities Plaintiff claims to have lost; f. nurse service, housekeeping service, or other services, specifying names, addresses and amount for each; g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she would have performed, specifying the name and address of each person(s) performing such services and period of time in which such services were performed; h. transportation costs; and i. any other special damages claimed by Plaintiff. 21. If Plaintiff is eligible for, currently receiving, or has ever applied for, Social Security Disability benefits, provide copies of all Social Security Disability records and the application for same. Provide Plaintiffs SSDI number, and the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of eligibility. 22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare benefits, provide copies of all Medicare records and the application for same. Provide Plaintiffs Medical Health Insurance Claim Number (HICN) and a copy of Plaintiffs HICN card, the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of eligibility. 23. If property damage is claimed, provide an itemized list of damage and the itemized cost of a repair or replacement. If property damage is to a vehicle, state make, model, mileage, overall condition, and age of vehicle, together with list of repairs, and itemized cost of same. State whether such loss or expense was covered by insurance. State the name and address of the insurer, the policy number, the dates and limits of coverage and deductible, if any. If Plaintiff was not the driver of Plaintiffs vehicle at the time of the alleged occurrence, state the name, address, and age of the driver, and the driver's relationship to Plaintiff. 24. A copy of Plaintiffs driver's license, registration, and the title of the vehicle involved. 25. A copy of any report, note, letter, video, audio recording, or any writing, completed by or of Plaintiff, regarding the alleged occurrence and/or any damages alleged herein, including but not limited to, any of the above provided to any insurance company, No-Fault provider, or any other entity or person(s). 26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle was hired or rented to replace it, the rate per unit of time and duration of the rental. State whether such loss or expense was covered by insurance, including the name and address of the insurer, the policy number, and the dates and limits of coverage and deductible, if any. 9 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 27. If loss of services and/or society of any person is claimed, state the length of time thereof and the nature and extent of the alleged loss. 28. If any of the special damages set forth above were reimbursed to any degree by Workers' insurance, Compensation, Medicaid, Social Security, or any other collateral source covering medical and dental expenses, replacement of income, or other expenses, state: a. The amount reimbursed and the reimbursing agency; b. whether said reimbursing agency has filed a lien in connection therewith. Include any benefit covering any alleged loss herein and the nature of the benefit; and c. where the benefit is in the form of insurance, the name and address of the carrier, the amount of the premium, the source of payment of the premium, and the policy number. In providing the sources of all benefits, list the names of employers, unions, pension plans, etc., and all other information identifying with specificity the source of the benefits. Dated: Brooklyn, New York May 2018 /'/ LAWRENCE HEISLER By: Matthew Finkel, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and MTA CAPITAL CONSTRUCTION 130 Livingston Street - 11th Floor Brooklyn, New York 11201 (718) 694-3878 File No.: TA-17-02-10-12-001 10 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------- X GLORIA KIRKLAND, Plaintiff(s), Index No.: 152189/18 -against- DISCOVERY DEMANDS CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY and MTA BRIDGES AND TUNNELS, Defendant(s). --------------------------------------------------------------------------- X Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this demand, serve the following items upon the undersigned: 1. A list of those who have appeared in this action, together with their addresses, their attorneys and their attorney's addresses, in sufficient detail to permit service of papers pursuant to CPLR §2103, together with copies of all pleadings had herein. 2. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, and other records pertaining to collateral source reimbursement received by Plaintiff(s) or on behalf of Plaintiffs(s') special damages alleged in the instant lawsuit. 3. Authorizations permitting the Defendant(s) to obtain the records of any person, institution, facility, or governmental agency which has provided, or will provide, any reimbursement for any of the special damages alleged herein. 4. Authorizations permitting the Defendant(s) to obtain all Social Security records, Workers' No- Medicare records, Compensation records, employees benefit program records, Fault records, and any disability records pertaining to Plaintiff(s) herein. 5. The birth certificate of the infant Plaintiff(s) in the above-captioned matter. 6. Marriage licenses, or other writings evidencing the marriage existing by and between Plaintiff(s) herein, and authorizations for the release of same. 7. A copy of the Metrocard used on the date of the negligence alleged in the Complaint. 11 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/14/2018 8. The executed statutory hearing transcript conducted of Plaintiff(s) by the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and MTA CAPITAL CONSTRUCTION, The City of New York, and any other entity that conducted a hearing, or examination under oath, of Plaintiff(s) regarding the negligence or occurrences alleged in the Complaint. 9. All school records and authorizations for same related to Plaintiffs(s') academic and attendance records at school in connection with the negligence alleged in the complaint. 10. The names and address of all institutions, corporations, persons, or others by whom Plaintiff(s) was employed for five years prior to the negligence alleged in the Complaint to present. 11. Authorizations to permit the Defendant(s) to obtain the records of Plaintiffs(s') earnings, position, title, working capacity, record of attendance, record of illness, and employment status for the period five years prior to the date of the negligence alleged in the Complaint to present. 12. Copies of federal, state, and city income tax returns, including W-2 forms, for the period five years prior to the date of the negligence alleged in the Complaint to present. 13. Authorizations to permit the Defendant(s) to obtain copies of federal, state, and city income tax returns, including W-2 forms, for the period five years prior to the date of the negligence alleged in the Complaint to present. 14. HIPAA-compliant authorizations using NYS OCA Official Form 960 (Located online at: www.nycourts.gov/forms/hipaa_fillable.pdf) for all medical, pharmaceutical, physician, hospital records, and all other medical care providers who examined, diagnosed, and/or rendered treatment to Plaintiff(s), and/or stated a prognosis regarding Plaintiffs alleged condition, in connection with the damages/injuries alleged in the Complaint, including but not limited to, reports, office records, charts, prescriptions, x-rays, operative video or photographs, radiological films, CT Scans, MRIs, diagnostic reports, and laboratory reports, Litigation" with an "End of expiration date. 15. Authorizations compliant with Arons v. Jutkowitz, 9 N.Y.3d 393 (N.Y. 2007) allowing the undersigned to speak with all medical care providers who examined, diagnosed, and/or rendered treatment to Plaintiff(s). Plaintiff may also satisfy this demand by completing section 9(b) of NYS OCA Official Form 960 (Located online at: www.nycourts.gov/forms/hipaa_fillable.pdf). 16. All medical reports pursuant to 22 NYCRR §202.17 and Hamilton v. City of New York, 262 A.D.2d 283 [1999] (Please note that in Hamilton, the Court of Appeals held that Plaintiff must provide medical reports in addition to authorizations for the same). 17. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, prior to the negligence alleged in the Complaint, Defendant demands HIPAA-compliant authorizations for those conditions or injuries as set forth in paragraph and Arons- 14, compliant authorizations as set forth in paragraph 15. 12 of 17 FILED: NEW YORK COUNTY CLERK 05/14/2018 05:43 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: