Preview
FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
LLOYD MCKENZIE,
ANSWER
Plaintiff,
-against- Index No. 703638/2018
ALBERT GRAHAM and VIRRIE GRAHAM,
Defendants.
X
The Defendant(s) ALBERT GRAHAM and VIRRIE GRAHAM by Law Offices
of Karen L Lawrence, as and for his/her/their Answer to the Complaint herein, allege(s) as
follows:
FIRST: Denies/deny any knowledge or information sufficient to form a belief as
to the allegation(s) contained in paragraph(s) designated as "1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16,
27"
17, 18, 26 and of the Complaint herein.
SECOND: Upon information and belief, denies/deny each and every allegation
28"
contained in paragraphs designated as "19, 20, 21, 22, 23, 24, 25 and of the Complaint
herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of
the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of this(these) answering Defendant(s).
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THIS(THESE) ANSWER1NG DEFENDANT(S) ALLEGE(S):
Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and
thereby contributed to the alleged injuries.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That the Court lacks jurisdiction over the person of the Defendant(s) ALBERT
GRAHAM and VIRRIE GRAHAM by reason of the non-service of the summons upon the
Defendant(s) ALBERT GRAHAM and VIRRIE GRAHAM, either personally or by substituted
service.
AS
llQ AND
Dl W IFORVB A
6 lFOURTH
V MLLE AFFIRMATIVE
BS'l SLLltSl 8t F6 DEFENSE
O'SL JilN7Q
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That to the extent plaintiff recovers any damages for the cost of medical care,
~ ~ ~0 C
dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursements, from
whatever source, whether it be insurance, social security payments, no fault payments, Workers
Compensation, employee benefits or other such programs, in accordance with the provisions of
the CPLR 4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
in the event that any person or entity liable or claimed to be liable for the injury
alleged in this action has been given or may hereafter be given a release or covenant not to sue,
defendant will be entitled to protection under General Obligations Law 15-108 and the
corresponding reduction of any damages which may be determined to be due against this
answering defendant.
2
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WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the
Complaint herein with costs.
DATED: Garden City, NY
April 06, 2018
Yours, etc.,
Law Offices of Karen L. Lawrence
John S. Gonzalez
Attorney for Defendant
ALBERT GRAHAM and VIRRIE
GRAHAM
1225 Franklin Avenue, Suite 100
Garden City, NY 11530
Telephone: 516-877-5751
Our File No. 0393952494.1-
TO: THE LAW FIRM OF NONNA SHIKH, P.C.
Attorneys for the Plaintiff
400 E Fordham Rd Ste 202
Bronx NY l 0458-5039
718-295-4000
3
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NE%'
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
LLOYD MCKENZIE, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 703638/2018
-against-
ALBERT GRAHAM and VIRRIE GRAHAM,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of allwitnesses known to the Plaintiff(s) and the
Plaintiffs representatives, who itwill be claimed were witnesses to the following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of the Plaintiff(s) or the Plaintiff(s) representatives.
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
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6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even
if made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected
to testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert's opinion.
12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for
one year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period commencing one (1) year prior
to the date of the subject occurrence and continuing to the present date. This authorization shall
Plaintiff(s)'
allow access to, but shall not be limited to records regarding the salary and
attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
Plaintiff(s)'
15. Copies of the City, State and Federal Income Tax Records for
the period commencing two (2) years prior to the date of the subject occurrence and for all
subsequent years up to and including the present. If such records, or a portion thereof are
unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New
York State Department of Taxation. If income tax returns were not filed for such period or a
portion thereof, so state in reply to this demand.
16. Duly executed and acknowledged original authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff
for the period from the date of occurrence to the present.
2
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17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
Insurance Law of the State of New York (No-Fault Law); with respect to each and every
application:
niiinbel'
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,
including OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
paragraph "(a)".
Workers'
18. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim number to
Workers'
which a claim has been or will be made, together with the
Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
paragraph "(a)".
19. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
(a) Set forth the claim office, the address and the claim number
assigned.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the contents of:
(a) Each and every collateral source of payment, including but not
Workers'
limited to, insurance agreements, Social Security,
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
3
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(d) The amounts and any and all correspondence in which, the
plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff
husband/wife. Please set forth a copy of their Marriage Certificate.
22. If itis claimed that the infant Plaintiff is the natural son/daughter of the
Plaintiff mother/father or natural guardian set forth a copy of the Birth Certificate of infant
Plaintiff.
23. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff(s) for the current calendar year.
24. Copies of and all statements or receipts to non-
any bills, relating any
medical expense clainied as damages in this lawsuit which have not been produced in response
to any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
any other damaged property. If the vehicle was not repairable, in addition, attach estimates of
the value of the vehicle on the date of the alleged incident and estimates and/or receipts
concerning salvage value.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the damages claimed by
Plaintiff(s).
27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to use during the trial of
this case and which have not been produced in response to any of the preceding paragraphs.
28. All documents, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
DATED: Garden City, NY
April 06, 2018
4
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Yours, etc.,
Law Offices of Karen L. Lawrence
John S. Gonzalez
Attorney for Defendant
ALBERT GRAHAM and VIRRIE
GRAHAM
1225 Franklin Avenue, Suite 100
Garden City, NY 11530
Telephone: 516-877-5751
Our File No. 0393952494.1-
TO: THE LAW FIRM OF NONNA SHIKH, P.C.
Attorneys for the Plaintiff
400 E Fordham Rd Ste 202
Bronx NY l 0458-5039
718-295-4000
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
LLOYD MCKENZIE, DEMAND FOR VERIFIED BILL OF
PARTICULARS WITH NOTICE
Plaintiff, PURSUANT TO C.P.L.R. SECTION
3042(c)
-against-
Index No. 703638/2018
ALBERT GRAHAM and VIRRIE GRAHAM,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that your are hereby required to file and serve the
following Verified Bill of Particulars of Plaintiffs alleged cause of action herein, within thirty
(30) days from the date of service hereof,
1. The date and time of day of the occurrence.
2. State the location of the accident in sufficient detail to permit
identification, giving direction in which each vehicle was proceeding.
3. Statement of the acts of omissions constituting the negligence claimed.
4. State what part of each of the respective vehicles came in contact.
If property damages are being claimed, set forth:
5. Itemized statement of the alleged damage to Plaintiff's vehicle, together
with the costs of repair of each item.
6. State the make, model and year of manufacture of Plaintiffs vehicle and
the reasonable market value of same immediately prior to and immediately after the alleged
accident.
If personal injuries are being claimed, set forth:
7. The nature, extent, location and duration of each and every injury alleged
to have been sustained by the Plaintiff and which, ifany are claiined to be permanent,
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8. The length of time, giving specific dates, Plaintiff was confined to:
(a) the hospital,
(b) to bed and
(c) to home as a result of the alleged injuries.
9. The length of time incapacitated from employment and/or household
duties as a result of the alleged injuries. If Plaintiff is a student, the length of time incapacitated
from school as a result of the alleged injuries.
10. Total amounts claimed as special damages for:
(a) physician's services;
(b) medical supplies;
(c) loss of earnings;
nurses'
(d) services;
(e) hospital expenses;
(f) x-rays expenses;
(g) any other items of special damage;
(h) name and address of Plaintiff's employer at the time of the
accident. If Plaintiff is self-employed, please state nature of
business, business name and address. If Plaintiff is a student, name
and address of school attending at time of accident and designated
class or grade.
11. State in what respect Plaintiff has sustained a serious injury, as defined in
Subdivision (d) of Section 5102 of the Insurance Law, or economic loss greater than basic
economic loss, as defined in Subdivision (a) of 5102 of the Insurance Law.
12. If negligent entrustment is alleged, set forth, with specificity, each and
every fact which constitutes the basis of the claim.
13. Set forth the manner in which it is claimed the negligent entrustment
occurred.
14. If it isalleged that the owner of the vehicle had prior knowledge of some
propensity to be alleged by the Plaintiff in regards to the operation of the vehicle, set forth:
(a) What propensities or actions it isalleged the owner of the vehicle
was aware of.
(b) Set forth if the owner of the vehicle had actual or constructive
notice.
(c) If actual notice is alleged:
(1) Set forth the date, time and place which will be alleged that
the owner was made aware of the propensities, actions, or
2
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traits.
(2) Set forth the names and addresses of the individuals itwill
be alleged so advised the owner of our vehicle of the
propensities, actions, or traits of our operator.
15. If the Plaintiff prayed for general relief, state the total damages to which
all Plaintiff(s) deem himself/herself/themselves entitled.
16. If the Plaintiff prayed for general relief, state the total damages that each
Plaintiff deems himself/herself entitled.
17. As regards paragraph 16, state each category of damages and the amount
demanded in each category.
If a cause of action is claimed Section 205(e) of The General Municipal Law:
18. Set forth by Section every statute, regulations, ordinance, rule, order and
requirement of the Federal, State, County, Village, Town or City government of any and all of
their departments, divisions and bureau itis alleged was violated by the Defendant.
19. Identify for each act or omission it will be claimed was committed by the
Defendant(s), the rule, regulation, statute, ordinance, order and requirement it isclaimed said act
violated.
PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of
Plaintiffs'
Particulars of the alleged cause of action is not served with thirty (30) days of receipt
of this notice, an appropriate motion to preclude will be made pursuant to this notice at the time
of trial of this action.
DATED: Garden City, NY
April 06, 2018
Yours, etc.,
Law Offices of Karen L. Lawrence
Jolm S. Gonzalez
Attorney for Defendant
ALBERT GRAHAM and VIRRIE
GRAHAM
1225 Franklin Avenue, Suite 100
Garden City, NY 11530
Telephone: 516-877-5751
Our File No. 0393952494.1-
3
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TO: THE LAW FIRM OF NONNA SHIKH, P.C.
Attorneys for the Plaintiff
400 E Fordham Rd Ste 202
Bronx NY 10458-5039
718-295-4000
4
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
LLOYD MCKENZIE, DEMAND FOR COPIES OF
PLAINTIFF'S MEDICAL REPORTS
Plaintiff,
Index No. 703638/2018
-against-
ALBERT GRAHAM and VIRRIE GRAHAM,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York
State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to:
1. Serve upon and deliver to the attorney for the Defendant(s) copies of the
medical reports of those physicians who have previously treated or
examined the Plaintiff(s) and who will testify on his behalf. These shall
include a detailed recital of the injuries and conditions as to which
will be offered at the to and those x-
testimony trial, referring identifying
rays and technician's reports which will be offered at the trial.
2. Serve upon and deliver to the attorney for the Defendant(s) duly executed
and acknowledged written HIPAA compliant authorizations permitting all
parties to obtain and make copies of all hospital records and such other
records, including x-rays and technician's reports, as to be referred to and
identified in the statement of the Plaintiff(s) physicians.
3. Serve upon and deliver to the attorney for the Defendant(s) copies of all
graphic, numerical, symbolic, digital, film, video, computer generated,
computer enhanced or otherwise produced electronically and/or digitally,
photographic or pictorial representations regarding any procedures,
treatments, admissions, office visits, injuries, scene of the accident or the
vehicles or instrumentalities involved, disabilities, medical or diagnostic
procedures or tests,performed by or on behalf of the plaintiff(s) herein or
by any facility regarding the claims of the plaintiff(s) herein.
PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
demand, the Plaintiff(s) will be precluded upon the trial of the within action fiom offering in
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evidence or testifying as to any of the reports, records or examination demanded herein.
DATED: Garden City, NY
April 06, 2018
Yours, etc.,
Law Offices of Karen L. Lawrence
John S. Gonzalez
Attorney for Defendant
ALBERT GRAHAM and VIRRIE
GRAHAM
1225 Franklin Avenue, Suite 100
Garden City, NY 11530
Telephone: 516-877-5751
Our File No. 0393952494.1-
TO: THE LAW FIRM OF NONNA SHIKH, P.C.
Attorneys for the Plaintiff
400 E Fordham Rd Ste 202
Bronx NY 10458-5039
718-295-4000
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
LLOYD MCKENZIE, NOTICE OF EXAMINATION
BEFORE TRIAL
Plaintiff,
Index No. 703638/2018
-against-
ALBERT GRAHAM and VIRRIE GRAHAM,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law
and Rules, the undersigned will take the testimony of, all Adverse Parties, in the manner
following:
TO BE DETERMINED AT THE PRELIMINARY CONFERENCE
upon all the relevant facts and circumstances surrounding the accident which is the subject of
this action, including negligence, contributory negligence and damages; and for the purposes
authorized by Rule 3111 of the Civil Practice Law and Rules said Plaintiff(s) is required to
produce at such examination the following:
All books, papers and records relating to said action in the possession, custody or
control of said Plaintiff(s)/ Co-Defendant(s).
DATED: Garden City, NY
April 06, 2018
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Yours, etc.,
Law Offices of Karen L. Lawrence
John S. Gonzalez
Attorney for Defendant
ALBERT GRAHAM and VIRRIE
GRAHAM
1225 Franklin Avenue, Suite 100
Preview
FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X LLOYD MCKENZIE, ANSWER Plaintiff, -against- Index No. 703638/2018 ALBERT GRAHAM and VIRRIE GRAHAM, Defendants. X The Defendant(s) ALBERT GRAHAM and VIRRIE GRAHAM by Law Offices of Karen L Lawrence, as and for his/her/their Answer to the Complaint herein, allege(s) as follows: FIRST: Denies/deny any knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) designated as "1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 27" 17, 18, 26 and of the Complaint herein. SECOND: Upon information and belief, denies/deny each and every allegation 28" contained in paragraphs designated as "19, 20, 21, 22, 23, 24, 25 and of the Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S): Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of this(these) answering Defendant(s). 1 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS(THESE) ANSWER1NG DEFENDANT(S) ALLEGE(S): Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and thereby contributed to the alleged injuries. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That the Court lacks jurisdiction over the person of the Defendant(s) ALBERT GRAHAM and VIRRIE GRAHAM by reason of the non-service of the summons upon the Defendant(s) ALBERT GRAHAM and VIRRIE GRAHAM, either personally or by substituted service. AS llQ AND Dl W IFORVB A 6 lFOURTH V MLLE AFFIRMATIVE BS'l SLLltSl 8t F6 DEFENSE O'SL JilN7Q THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That to the extent plaintiff recovers any damages for the cost of medical care, ~ ~ ~0 C dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, social security payments, no fault payments, Workers Compensation, employee benefits or other such programs, in accordance with the provisions of the CPLR 4545. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): in the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, defendant will be entitled to protection under General Obligations Law 15-108 and the corresponding reduction of any damages which may be determined to be due against this answering defendant. 2 2 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the Complaint herein with costs. DATED: Garden City, NY April 06, 2018 Yours, etc., Law Offices of Karen L. Lawrence John S. Gonzalez Attorney for Defendant ALBERT GRAHAM and VIRRIE GRAHAM 1225 Franklin Avenue, Suite 100 Garden City, NY 11530 Telephone: 516-877-5751 Our File No. 0393952494.1- TO: THE LAW FIRM OF NONNA SHIKH, P.C. Attorneys for the Plaintiff 400 E Fordham Rd Ste 202 Bronx NY l 0458-5039 718-295-4000 3 3 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 NE%' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X LLOYD MCKENZIE, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. 703638/2018 -against- ALBERT GRAHAM and VIRRIE GRAHAM, Defendants. X SIRS: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. The names and addresses of allwitnesses known to the Plaintiff(s) and the Plaintiffs representatives, who itwill be claimed were witnesses to the following: (a) The alleged occurrence in question. (b) Any alleged defective condition. (c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. (d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statements, oral, written or electronically recorded, from any party we represent, in the possession of the Plaintiff(s) or the Plaintiff(s) representatives. 3. Any photographs of the following: (a) The site of the alleged occurrence. (b) Any instrumentalities involved. 4. Any accident reports made in the normal course of business. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981). 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 4 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 8. In reasonable detail, the subject matter on which each expert is expected to testify; 9. The substance of the facts and opinions on which each expert is expected to testify; 10. The qualification of each expert witness, and; 11. A summary of the grounds for each expert's opinion. 12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for one year prior to the alleged occurrence. 13. Copies of any letters or written communications from Plaintiff(s) to Defendant(s) citing any alleged defective conditions. 14. Duly executed authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commencing one (1) year prior to the date of the subject occurrence and continuing to the present date. This authorization shall Plaintiff(s)' allow access to, but shall not be limited to records regarding the salary and attendance. (a) If Plaintiff is a student: duly executed authorization(s) allowing the undersigned to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence and continuing to the present date. Plaintiff(s)' 15. Copies of the City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof are unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If income tax returns were not filed for such period or a portion thereof, so state in reply to this demand. 16. Duly executed and acknowledged original authorizations permitting this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 2 5 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application: niiinbel' (a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made, including OBEL, Additional PIP and Medical Payments coverage. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". Workers' 18. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to each and every application: (a) Set forth the name, address, policy number and claim number to Workers' which a claim has been or will be made, together with the Compensation Board file number. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". 19. If a disability claim has or will be made pursuant to the terms of the Social Security Laws, with respect to each and every application: (a) Set forth the claim office, the address and the claim number assigned. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff. 20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every collateral source of payment, including but not Workers' limited to, insurance agreements, Social Security, Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiffs and for which recovery is sought in the instant action and (b) A written statement setting forth any and all such collateral sources and their amounts. (c) Duly executed written authorizations permitting the undersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. 3 6 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 (d) The amounts and any and all correspondence in which, the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff husband/wife. Please set forth a copy of their Marriage Certificate. 22. If itis claimed that the infant Plaintiff is the natural son/daughter of the Plaintiff mother/father or natural guardian set forth a copy of the Birth Certificate of infant Plaintiff. 23. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 24. Copies of and all statements or receipts to non- any bills, relating any medical expense clainied as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 26. Any releases, and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). 27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this case and which have not been produced in response to any of the preceding paragraphs. 28. All documents, papers or evidence to be introduced at trial. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Garden City, NY April 06, 2018 4 7 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 Yours, etc., Law Offices of Karen L. Lawrence John S. Gonzalez Attorney for Defendant ALBERT GRAHAM and VIRRIE GRAHAM 1225 Franklin Avenue, Suite 100 Garden City, NY 11530 Telephone: 516-877-5751 Our File No. 0393952494.1- TO: THE LAW FIRM OF NONNA SHIKH, P.C. Attorneys for the Plaintiff 400 E Fordham Rd Ste 202 Bronx NY l 0458-5039 718-295-4000 5 8 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X LLOYD MCKENZIE, DEMAND FOR VERIFIED BILL OF PARTICULARS WITH NOTICE Plaintiff, PURSUANT TO C.P.L.R. SECTION 3042(c) -against- Index No. 703638/2018 ALBERT GRAHAM and VIRRIE GRAHAM, Defendants. X SIRS: PLEASE TAKE NOTICE that your are hereby required to file and serve the following Verified Bill of Particulars of Plaintiffs alleged cause of action herein, within thirty (30) days from the date of service hereof, 1. The date and time of day of the occurrence. 2. State the location of the accident in sufficient detail to permit identification, giving direction in which each vehicle was proceeding. 3. Statement of the acts of omissions constituting the negligence claimed. 4. State what part of each of the respective vehicles came in contact. If property damages are being claimed, set forth: 5. Itemized statement of the alleged damage to Plaintiff's vehicle, together with the costs of repair of each item. 6. State the make, model and year of manufacture of Plaintiffs vehicle and the reasonable market value of same immediately prior to and immediately after the alleged accident. If personal injuries are being claimed, set forth: 7. The nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff and which, ifany are claiined to be permanent, 9 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 8. The length of time, giving specific dates, Plaintiff was confined to: (a) the hospital, (b) to bed and (c) to home as a result of the alleged injuries. 9. The length of time incapacitated from employment and/or household duties as a result of the alleged injuries. If Plaintiff is a student, the length of time incapacitated from school as a result of the alleged injuries. 10. Total amounts claimed as special damages for: (a) physician's services; (b) medical supplies; (c) loss of earnings; nurses' (d) services; (e) hospital expenses; (f) x-rays expenses; (g) any other items of special damage; (h) name and address of Plaintiff's employer at the time of the accident. If Plaintiff is self-employed, please state nature of business, business name and address. If Plaintiff is a student, name and address of school attending at time of accident and designated class or grade. 11. State in what respect Plaintiff has sustained a serious injury, as defined in Subdivision (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in Subdivision (a) of 5102 of the Insurance Law. 12. If negligent entrustment is alleged, set forth, with specificity, each and every fact which constitutes the basis of the claim. 13. Set forth the manner in which it is claimed the negligent entrustment occurred. 14. If it isalleged that the owner of the vehicle had prior knowledge of some propensity to be alleged by the Plaintiff in regards to the operation of the vehicle, set forth: (a) What propensities or actions it isalleged the owner of the vehicle was aware of. (b) Set forth if the owner of the vehicle had actual or constructive notice. (c) If actual notice is alleged: (1) Set forth the date, time and place which will be alleged that the owner was made aware of the propensities, actions, or 2 10 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 traits. (2) Set forth the names and addresses of the individuals itwill be alleged so advised the owner of our vehicle of the propensities, actions, or traits of our operator. 15. If the Plaintiff prayed for general relief, state the total damages to which all Plaintiff(s) deem himself/herself/themselves entitled. 16. If the Plaintiff prayed for general relief, state the total damages that each Plaintiff deems himself/herself entitled. 17. As regards paragraph 16, state each category of damages and the amount demanded in each category. If a cause of action is claimed Section 205(e) of The General Municipal Law: 18. Set forth by Section every statute, regulations, ordinance, rule, order and requirement of the Federal, State, County, Village, Town or City government of any and all of their departments, divisions and bureau itis alleged was violated by the Defendant. 19. Identify for each act or omission it will be claimed was committed by the Defendant(s), the rule, regulation, statute, ordinance, order and requirement it isclaimed said act violated. PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of Plaintiffs' Particulars of the alleged cause of action is not served with thirty (30) days of receipt of this notice, an appropriate motion to preclude will be made pursuant to this notice at the time of trial of this action. DATED: Garden City, NY April 06, 2018 Yours, etc., Law Offices of Karen L. Lawrence Jolm S. Gonzalez Attorney for Defendant ALBERT GRAHAM and VIRRIE GRAHAM 1225 Franklin Avenue, Suite 100 Garden City, NY 11530 Telephone: 516-877-5751 Our File No. 0393952494.1- 3 11 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 TO: THE LAW FIRM OF NONNA SHIKH, P.C. Attorneys for the Plaintiff 400 E Fordham Rd Ste 202 Bronx NY 10458-5039 718-295-4000 4 12 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X LLOYD MCKENZIE, DEMAND FOR COPIES OF PLAINTIFF'S MEDICAL REPORTS Plaintiff, Index No. 703638/2018 -against- ALBERT GRAHAM and VIRRIE GRAHAM, Defendants. X SIRS: PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to: 1. Serve upon and deliver to the attorney for the Defendant(s) copies of the medical reports of those physicians who have previously treated or examined the Plaintiff(s) and who will testify on his behalf. These shall include a detailed recital of the injuries and conditions as to which will be offered at the to and those x- testimony trial, referring identifying rays and technician's reports which will be offered at the trial. 2. Serve upon and deliver to the attorney for the Defendant(s) duly executed and acknowledged written HIPAA compliant authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including x-rays and technician's reports, as to be referred to and identified in the statement of the Plaintiff(s) physicians. 3. Serve upon and deliver to the attorney for the Defendant(s) copies of all graphic, numerical, symbolic, digital, film, video, computer generated, computer enhanced or otherwise produced electronically and/or digitally, photographic or pictorial representations regarding any procedures, treatments, admissions, office visits, injuries, scene of the accident or the vehicles or instrumentalities involved, disabilities, medical or diagnostic procedures or tests,performed by or on behalf of the plaintiff(s) herein or by any facility regarding the claims of the plaintiff(s) herein. PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this demand, the Plaintiff(s) will be precluded upon the trial of the within action fiom offering in 13 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 evidence or testifying as to any of the reports, records or examination demanded herein. DATED: Garden City, NY April 06, 2018 Yours, etc., Law Offices of Karen L. Lawrence John S. Gonzalez Attorney for Defendant ALBERT GRAHAM and VIRRIE GRAHAM 1225 Franklin Avenue, Suite 100 Garden City, NY 11530 Telephone: 516-877-5751 Our File No. 0393952494.1- TO: THE LAW FIRM OF NONNA SHIKH, P.C. Attorneys for the Plaintiff 400 E Fordham Rd Ste 202 Bronx NY 10458-5039 718-295-4000 2 14 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X LLOYD MCKENZIE, NOTICE OF EXAMINATION BEFORE TRIAL Plaintiff, Index No. 703638/2018 -against- ALBERT GRAHAM and VIRRIE GRAHAM, Defendants. X SIRS: PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned will take the testimony of, all Adverse Parties, in the manner following: TO BE DETERMINED AT THE PRELIMINARY CONFERENCE upon all the relevant facts and circumstances surrounding the accident which is the subject of this action, including negligence, contributory negligence and damages; and for the purposes authorized by Rule 3111 of the Civil Practice Law and Rules said Plaintiff(s) is required to produce at such examination the following: All books, papers and records relating to said action in the possession, custody or control of said Plaintiff(s)/ Co-Defendant(s). DATED: Garden City, NY April 06, 2018 15 of 32 FILED: QUEENS COUNTY CLERK 04/11/2018 02:41 PM INDEX NO. 703638/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/11/2018 Yours, etc., Law Offices of Karen L. Lawrence John S. Gonzalez Attorney for Defendant ALBERT GRAHAM and VIRRIE GRAHAM 1225 Franklin Avenue, Suite 100