Preview
FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND FOR
Plaintiffs, APPEARANCE
-against-
HECTOR A. CONCEPCION SURIEL,
Defendant(s).
— â€â€â€â€â€â€â€â€â€â€â€â€ ——————X
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S I R S :
PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the
undersigned attorneys a list of the names of allparties that have appeared in this action, together
with the names and addresses of their respective attorneys, pursuant to Section 2103(e) of the
CPLR.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
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ARIEL AMINOV, PLLC
Attomey for Plaintiffs
670 Main Street
Islip,New York 11751
(631) 446-4411
2 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND PURSUANT
Plaintiffs, TO CPLR 306-A
-against-
HECTOR A. CONCEPCION SURIEL,
Defendant(s).
X
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S I R S :
PLEASE TAKE NOTICE that, pursuant to CPLR 306-A and 306-B, demand is hereby
made upon the Defendant to furnish proof that the summons and complaint or summons with
notice were filed with the Court prior to service. In addition, demand is made for proof of filing
of the proof of service within one hundred and twenty (120) days after the date of filing of the
summons and complaint or summons with notice.
PLEASE TAKE FURTHER NOTICE, that demand is hereby made upon the
Defendant to serve upon the undersigned attorneys a copy of the index number receipt purchased
for said action.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
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TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 320062461
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip, New York 11751
(631) 446-4411
4 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
â€â€â€â€â€â€â€â€â€â€â€â€ —
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND FOR
Plaintiffs, A COPY OF
-against- PLAINTIFFS'
VERIFIED BILL
HECTOR A. CONCEPCION SURIEL, OF PARTICULARS
Defendant.
â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€
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SI R S :
PLEASE TAKE NOTICE, that pursuant to the applicable Rules, you are required to
serve, within twenty (20) days after receipt of this notice, the following:
Plaintiffs'
1. A copy of Verified Bill of Particulars.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
5 of 47
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ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip, New York 11751
(631) 446-4411
6 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND PURSUANT
Plaintiffs, TO CPLR SECTIONS
-against- 3101 4 4545 FOR
COLLATERAL
HECTOR A. CONCEPCION SURIEL, SOURCE PAYMENTS
INFORMATION
Defendant.
—â€â€â€â€â€â€â€â€â€â€â€â€
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SI R S :
PLEASE TAKE NOTICE, that pursuant to Sections 3101 and 4545 of the Civil
Practice Law and Rules, you are required to serve, within twenty (20) days after receipt of this
Plaintiffs'
notice, the collateral source information, including:
1. The names, addresses and amounts received to date from all persons,
firms, or organizations which have reimbursed plaintiff for the cost of medical care, custodial
care, rehabilitation services, loss of earnings or other economic loss, and other costs including
but not limited to:
(A) Insurance;
(B) Social Security Benefits;
(C) Worker's Compensation Benefits;
(D) Disability Benefits;
(E) Employee Benefits Program;
(F) Any other source.
2. Where reimbursement was or is pursuant to a policy of another type, state
the name of the policyholder, the policy number, and the name of the issuer of the policy; a list
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of claims submitted pursuant to the policy, and the amount of money received pursuant to each
claim.
3. Duly executed and acknowledged written authorizations directed to all
persons, firms or organizations which have reimbursed plaintiff for costs of medical care,
custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to
whom such claims have been submitted to obtain copies of the policies under which said
payments or claims wire made, copies of all checks and other indications of payment, and copies
of any claims submitted for payment.
PLEASE TAKE FURTHER NOTICE, authorizations for any insurance
documents and policies produced in response to the demand herein shall be for the complete
documents and policies, including but not limited to declaration sheets, riders, limitations,
endorsements, amendments, cancellations, face sheets and/or binders, etc.
PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such
person(s), firms or organizations have reimbursed plaintiff for such costs, then demand is hereby
made that the above named party set forth, by affidavit, such fact.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
8 of 47
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TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip, New York 11751
(631) 446-4411
9 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
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MICHAEL D. DELACRUS AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
NOTICE TO TAKE
Plaintiffs, DEPOSITION
-against- UPON ORAL
EXAMINATION
HECTOR A. CONCEPCION SURIEL,
Defendant.
X
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S I R S :
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination, of the Defendant, as an adverse party, will be taken
before a Notary Public who is not an attorney, or employee of an attorney, for any party or
prospective party herein and is not a person who would be disqualified to act as a juror because
of interest or because of consanguinity or affinity to any party herein, at a mutually agreed
upon location, date and time with respect to evidence material and necessary in the
prosecution/defense of this action:
All of the relevant facts and circumstances in connection with the alleged incident,
including negligence, contributory negligence, liability and damages, breach of contract.
That the said person to be examined is required to produce at such examination the
following: All books, records and papers in their possession or accessible to them pertaining to
the subject matter of this lawsuit.
Dated: White Plains, New York
April 10, 2018
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Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip,New York 11751
(631) 446-4411
11 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND FOR
Plaintiffs, EMPLOYMENT
-against- AUTHORIZATIONS
HECTOR A. CONCEPCION SURIEL,
Defendant.
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SI R S :
PLEASE TAKE NOTICE, that pursuant to the applicable Rules, you are required to
serve, within twenty (20) days after receipt of this notice, the following:
(a) Duly executed and acknowledged written authorizations allowing
the undersigned to obtain the employment records relating to the
Plaintiff, addressed to any and all employers of said plaintiff from
2010 to the present and continuing.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the
foregoing demand the parties herein will be precluded from offering any evidence or testimony
relating to the matters herein demanded at the trial of this action.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
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TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip,New York 11751
(631) 446-4411
13 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND
Plaintiffs, FOR EXPERT
-against- INFORMATION
HECTOR A. CONCEPCION SURIEL,
Defendant.
â€â€â€â€â€â€â€â€â€â€â€â€ — X
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S I R S :
PLEASE TAKE NOTICE, that the undersigned Plaintiff on the Counterclaim, by his
attorney, VINCENT J. ACESTE, ESQ., hereby demands pursuant to CPLR 3101(d)(1), you
provide, within thirty (30) days, the following:
1. The name and address of each expert you intend to call to
testify at trial;
2. Set forth in detail the subject matter of which each expert is
expected to testify;
3. Set forth separately the substance of the facts and opinions
the expert is expected to give testimony concerning;
4. The qualifications of each expert; and
expert'
5. Set forth a summary for the grounds of each expert's
opinion.
Dated: White Plains, New York
April 10, 2018 Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
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TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip,New York 11751
(631) 446-4411
15 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND FOR
Plaintiffs, MEDICAL
-against- INFORMATION AND
HOSPITAL
HECTOR A. CONCEPCION SURIEL, AUTHORIZATIONS
Defendant.
— ———— —————————————————————X
-------------------------------------------------------------------X
S I R S :
PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with
provisions of the Civil Practice Law and Rules and pertinent local court rules, Defendant
Plaintiffs'
provide, within twenty (20) days, the medical information, including:
1. Medical reports of all of those treating physicians, osteopaths, chiropractors
and/or other licensed medical professionals who have treated or consulted with plaintiff upon
whose testimony plaintiff will rely upon a trialof this action.
2. Duly executed authorizations with respect to any osteopaths, chiropractors and/or
other licensed medical professions who have treated plaintiff with respect to any injuries,
physical or mental, alleged to have resulted from the events complained of by plaintiff in the
within action.
3. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have treated plaintiff with respect to any injuries, physical or mental,
alleged to have resulted from the events complained of by plaintiff in the within action.
4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or
other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to
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any condition pre-existing or preceding the events complained of in the complaint involving
disease, disability or injury (or, ifapplicable, prior psychiatric or psychological disorders) which
in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in
the sequela of those injuries or conditions allegedly resulting from the events complained of in
the within action.
5. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have rendered treatment to plaintiff(s) with respect to any condition
pre-existing or preceding the events complained of in the complaint involving disease, disability
or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is
alleged to have caused any increase in the sequela of those injuries or conditions allegedly
resulting from the events complained of in the within action.
6. As to the Plaintiff(s) if an exacerbation, aggravation or activation of a prior
condition and/or injury is alleged, the names, addresses and duly executed HIPAA compliant
authorizations permitting the undersigned law offices to obtain and make copies of the complete
records or each and every organization to provide collateral source payments for that injury to
the Plaintiff(s), including but not limited to No-Fault carriers, Workers Compensation carriers
and/or Boards, Disability Insurance Companies, Major Medical carriers, the Social Security
Administration and/or Unions. The authorizations must include explicit language stating that
they are valid through the time of trial.
PLEASE TAKE FURTHER NOTICE, that with respect to Items numbered 3, 4 and 5,
the authorizations to be provided shall state, as well, the approximately period or periods that
such services were rendered or provided.
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PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the
undersigned shall make such motions at or prior to trial as are required for the protection of the
undersigned, which may include the seeking of the dismissal of this action or the precluding of
the giving of any testimony with respect to any such conditions
as are or have been treated but with respect to which response by plaintiff(s) has not been given.
Dated: White Plains, New York
April 10, 2018
Yours, etc.,
VINCENT J. ACESTE, ESQ.
Attorney for Plaintiff on the Counterclaim
MICHAEL D. DELACRUZ
305 Old Tarrytown Road
White Plains, New York 10603
(914) 358-9820
Our File No.: D2144
TO: DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
HECTOR A. CONCEPCION SURIEL
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No.: 3200624G1
ARIEL AMINOV, PLLC
Attorney for Plaintiffs
670 Main Street
Islip,New York 11751
(631) 446-4411
18 of 47
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€
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MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E
FIGUEROA,
DEMAND FOR AN
Plaintiffs, INDEPENDENT
-against- MEDICAL
EXAMINATION
HECTOR A. CONCEPCION SURIEL,
Defendant(s).
---------------------------------------------------------------------X
S I R S :
PLEASE TAKE FURTHER NOTICE, that pursuant to the Rules governing physical
examinations and exchange of medical information, the plaintiff herein is required to submit to a
physical examination to be conducted by a duly qualified physician of our choice relative to the
nature and extent of the injuries claimed to have been established, at said physician's offices.
PLEASE TAKE FURTHER NOTICE, that plaintiff may be required to submit to
radiological examinations, if so desired by said physician.
That at least twenty (20) days before the date of the independent medical examination,
you are required to serve upon the undersigned all medical reports, including x-rays and
technical reports of all physicians and/or medical providers who have previously treated or
Preview
FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ————————X ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND FOR Plaintiffs, APPEARANCE -against- HECTOR A. CONCEPCION SURIEL, Defendant(s). — â€â€â€â€â€â€â€â€â€â€â€â€ ——————X ----------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned attorneys a list of the names of allparties that have appeared in this action, together with the names and addresses of their respective attorneys, pursuant to Section 2103(e) of the CPLR. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 1 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 ARIEL AMINOV, PLLC Attomey for Plaintiffs 670 Main Street Islip,New York 11751 (631) 446-4411 2 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND PURSUANT Plaintiffs, TO CPLR 306-A -against- HECTOR A. CONCEPCION SURIEL, Defendant(s). X ----------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE that, pursuant to CPLR 306-A and 306-B, demand is hereby made upon the Defendant to furnish proof that the summons and complaint or summons with notice were filed with the Court prior to service. In addition, demand is made for proof of filing of the proof of service within one hundred and twenty (120) days after the date of filing of the summons and complaint or summons with notice. PLEASE TAKE FURTHER NOTICE, that demand is hereby made upon the Defendant to serve upon the undersigned attorneys a copy of the index number receipt purchased for said action. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 3 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 320062461 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip, New York 11751 (631) 446-4411 4 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX â€â€â€â€â€â€â€â€â€â€â€â€ — ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND FOR Plaintiffs, A COPY OF -against- PLAINTIFFS' VERIFIED BILL HECTOR A. CONCEPCION SURIEL, OF PARTICULARS Defendant. â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€ ----------------------------------------------------------------------X SI R S : PLEASE TAKE NOTICE, that pursuant to the applicable Rules, you are required to serve, within twenty (20) days after receipt of this notice, the following: Plaintiffs' 1. A copy of Verified Bill of Particulars. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 5 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip, New York 11751 (631) 446-4411 6 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX — ————————— X ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND PURSUANT Plaintiffs, TO CPLR SECTIONS -against- 3101 4 4545 FOR COLLATERAL HECTOR A. CONCEPCION SURIEL, SOURCE PAYMENTS INFORMATION Defendant. —â€â€â€â€â€â€â€â€â€â€â€â€ ----------------------------------------------------------------------X SI R S : PLEASE TAKE NOTICE, that pursuant to Sections 3101 and 4545 of the Civil Practice Law and Rules, you are required to serve, within twenty (20) days after receipt of this Plaintiffs' notice, the collateral source information, including: 1. The names, addresses and amounts received to date from all persons, firms, or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss, and other costs including but not limited to: (A) Insurance; (B) Social Security Benefits; (C) Worker's Compensation Benefits; (D) Disability Benefits; (E) Employee Benefits Program; (F) Any other source. 2. Where reimbursement was or is pursuant to a policy of another type, state the name of the policyholder, the policy number, and the name of the issuer of the policy; a list 7 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 of claims submitted pursuant to the policy, and the amount of money received pursuant to each claim. 3. Duly executed and acknowledged written authorizations directed to all persons, firms or organizations which have reimbursed plaintiff for costs of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims have been submitted to obtain copies of the policies under which said payments or claims wire made, copies of all checks and other indications of payment, and copies of any claims submitted for payment. PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and policies produced in response to the demand herein shall be for the complete documents and policies, including but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such person(s), firms or organizations have reimbursed plaintiff for such costs, then demand is hereby made that the above named party set forth, by affidavit, such fact. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 8 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip, New York 11751 (631) 446-4411 9 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X ----------------------------------------------------------------------X MICHAEL D. DELACRUS AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, NOTICE TO TAKE Plaintiffs, DEPOSITION -against- UPON ORAL EXAMINATION HECTOR A. CONCEPCION SURIEL, Defendant. X ----------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination, of the Defendant, as an adverse party, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at a mutually agreed upon location, date and time with respect to evidence material and necessary in the prosecution/defense of this action: All of the relevant facts and circumstances in connection with the alleged incident, including negligence, contributory negligence, liability and damages, breach of contract. That the said person to be examined is required to produce at such examination the following: All books, records and papers in their possession or accessible to them pertaining to the subject matter of this lawsuit. Dated: White Plains, New York April 10, 2018 10 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip,New York 11751 (631) 446-4411 11 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND FOR Plaintiffs, EMPLOYMENT -against- AUTHORIZATIONS HECTOR A. CONCEPCION SURIEL, Defendant. ----------------------------------------------------------------------X SI R S : PLEASE TAKE NOTICE, that pursuant to the applicable Rules, you are required to serve, within twenty (20) days after receipt of this notice, the following: (a) Duly executed and acknowledged written authorizations allowing the undersigned to obtain the employment records relating to the Plaintiff, addressed to any and all employers of said plaintiff from 2010 to the present and continuing. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the foregoing demand the parties herein will be precluded from offering any evidence or testimony relating to the matters herein demanded at the trial of this action. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 12 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip,New York 11751 (631) 446-4411 13 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX — ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND Plaintiffs, FOR EXPERT -against- INFORMATION HECTOR A. CONCEPCION SURIEL, Defendant. â€â€â€â€â€â€â€â€â€â€â€â€ — X ----------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that the undersigned Plaintiff on the Counterclaim, by his attorney, VINCENT J. ACESTE, ESQ., hereby demands pursuant to CPLR 3101(d)(1), you provide, within thirty (30) days, the following: 1. The name and address of each expert you intend to call to testify at trial; 2. Set forth in detail the subject matter of which each expert is expected to testify; 3. Set forth separately the substance of the facts and opinions the expert is expected to give testimony concerning; 4. The qualifications of each expert; and expert' 5. Set forth a summary for the grounds of each expert's opinion. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 14 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip,New York 11751 (631) 446-4411 15 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ——————————X --------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND FOR Plaintiffs, MEDICAL -against- INFORMATION AND HOSPITAL HECTOR A. CONCEPCION SURIEL, AUTHORIZATIONS Defendant. — ———— —————————————————————X -------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, Defendant Plaintiffs' provide, within twenty (20) days, the medical information, including: 1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiff upon whose testimony plaintiff will rely upon a trialof this action. 2. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professions who have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff in the within action. 3. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff in the within action. 4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to 16 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, ifapplicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequela of those injuries or conditions allegedly resulting from the events complained of in the within action. 5. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff(s) with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have caused any increase in the sequela of those injuries or conditions allegedly resulting from the events complained of in the within action. 6. As to the Plaintiff(s) if an exacerbation, aggravation or activation of a prior condition and/or injury is alleged, the names, addresses and duly executed HIPAA compliant authorizations permitting the undersigned law offices to obtain and make copies of the complete records or each and every organization to provide collateral source payments for that injury to the Plaintiff(s), including but not limited to No-Fault carriers, Workers Compensation carriers and/or Boards, Disability Insurance Companies, Major Medical carriers, the Social Security Administration and/or Unions. The authorizations must include explicit language stating that they are valid through the time of trial. PLEASE TAKE FURTHER NOTICE, that with respect to Items numbered 3, 4 and 5, the authorizations to be provided shall state, as well, the approximately period or periods that such services were rendered or provided. 17 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the undersigned shall make such motions at or prior to trial as are required for the protection of the undersigned, which may include the seeking of the dismissal of this action or the precluding of the giving of any testimony with respect to any such conditions as are or have been treated but with respect to which response by plaintiff(s) has not been given. Dated: White Plains, New York April 10, 2018 Yours, etc., VINCENT J. ACESTE, ESQ. Attorney for Plaintiff on the Counterclaim MICHAEL D. DELACRUZ 305 Old Tarrytown Road White Plains, New York 10603 (914) 358-9820 Our File No.: D2144 TO: DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant HECTOR A. CONCEPCION SURIEL 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No.: 3200624G1 ARIEL AMINOV, PLLC Attorney for Plaintiffs 670 Main Street Islip,New York 11751 (631) 446-4411 18 of 47 FILED: BRONX COUNTY CLERK 04/10/2018 03:57 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€ ----------------------------------------------------------------------X MICHAEL D. DELACRUZ AND JOSE GERONIMO- Index No.: 20014/18E FIGUEROA, DEMAND FOR AN Plaintiffs, INDEPENDENT -against- MEDICAL EXAMINATION HECTOR A. CONCEPCION SURIEL, Defendant(s). ---------------------------------------------------------------------X S I R S : PLEASE TAKE FURTHER NOTICE, that pursuant to the Rules governing physical examinations and exchange of medical information, the plaintiff herein is required to submit to a physical examination to be conducted by a duly qualified physician of our choice relative to the nature and extent of the injuries claimed to have been established, at said physician's offices. PLEASE TAKE FURTHER NOTICE, that plaintiff may be required to submit to radiological examinations, if so desired by said physician. That at least twenty (20) days before the date of the independent medical examination, you are required to serve upon the undersigned all medical reports, including x-rays and technical reports of all physicians and/or medical providers who have previously treated or