Preview
FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MlYA LaROCCO, Index No.: 151055/2018
Plaintiff(s), VERIFIED ANSWER
-against-
BISHOP TRADING COMPANY, LLC and
UNITED NATIONS DEVELOPMENT CORPORATION,
Defendant(s).
_____________.,------.------------------------------------------X
Defendants, BISHOP TRADING COMPANY, LLC and UNITED NATIONS
DEVELOPMENT CORPORATION, by CARTAFALSA, TURPIN 8 LENOFF, their
attorneys, answering the plaintiffs complaint herein, respectfully shows to the Court,
upon information and belief, the following:
FIRST: Defendants deny any knowledge or information sufficient to form a belief
as to any of the allegations contained in paragraphs of plaintiffs complaint numbered
and designated as 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26,
27, 32, 34, 35, 36, 37, 38 and 39.
SECOND: Defendants deny each and every allegation contained in paragraphs
of plaintiff's complaint numbered and designated as 13, 14, 16, 18, 28, 29, 30, 31 and
33.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
THIRD: That ifthe plaintiff sustained injuries as alleged in the Complaint, said
injuries would have been brought about and caused in whole or in part by the plaintiff's
own negligent and/or culpable conduct.
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FOURTH: That any damages to which plaintiff may become entitled should be
diminished in the same proportion, as plaintiff's own negligent and/or culpable conduct
bears to the total negligent and/or culpable conduct responsible for the injuries
sustained.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
FIFTH: This Court lacks personal jurisdiction over these defendants.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
SIXTH: That at the time of the alleged accident, the plaintiff was engaged in
activity which she knew to be hazardous of its very nature and the plaintiff assumed the
risk inherent in said activity.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
SEVENTH: The Complaint fails to state a cause of action and these defendants
reserve the right to move to dismiss the same at or before trial.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
EIGHTH: Upon information and belief, any past or future costs or expenses
incurred or to be incurred by the plaintiff for medical care, dental care, custodial care of
rehabilitative services, loss of earnings or other economic loss, has been or will with
reasonable certainty be replaced or indemnified in whole or in part from a collateral
source as defined in Section 4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
Workers'
NINTH: The plaintiff's action is barred by the operation of the
Compensation Law of New York State.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
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TENTH: Plaintiff failed to mitigate her damages.
WHEREFORE, Defendants, BISHOP TRADING COMPANY, LLC and UNITED
NATIONS DEVELOPMENT CORPORATION, demand judgment dismissing the
plaintiffs Complaint herein, together with the costs and disbursements of this action.
Dated: New York, New York
February 20, 2018
Yours etc.
CARTAFALSA, TURPIN 8 LENOFF
By:
TAHESHA C. GlLPIN
Attorneys for Defendant(s)
BISHOP TRADING COMPANY, LLC and
UNITED NATIONS DEVELOPMENT
CORPORATION
4 World Trade Center
52nd
150 Greenwich Street, Floor
New York, New York 10007
(212) 225-7700
File No.: 452516
TO:
PONTISAKOS 8 BRANDMAN, P.C.
Attorneys for Plaintiff
600 Old Country Road, Suite 323
Garden City, NY 11530
(516) 683-8888
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VERIFICATION
TAHESHA C. GILPIN, an attorney duly licensed to practice law in the Courts of
the State of New York, affirms the following under penalty of perjury:
That she is an associate of the firm of CARTAFALSA, TURPIN 8 LENOFF
Attorneys for defendant, BISHOP TRADING COMPANY, LLC, in this action; that she
has read the foregoing Answer and knows the contents thereof, and that the same is
true to the knowledge of affirmant except as to the matters therein stated to be alleged
upon information and belief, and that as to those matters she believes itto be true:
That the reason why this verification is made by affirmant and not by defendant is
that the defendant is a limited liabilitycompany, and none of its officers is now within the
County of New York where affirmant has her office.
That the sources of affirmant's information and the grounds of her belief as to all
the matters in said Answer alleged upon information and belief are reports from and
communications had with the defendant.
DATED: New York, New York
February 20, 2018
TAHESHA C, GILPIN
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VERIFICATION
TAHESHA C. GILPIN, an attorney duly licensed to practice law in the Courts of
the State of New York, affirms the following under penalty of perjury:
That she is an associate of the firm of CARTAFALSA, TURPIN 8 LENOFF
Attorneys for defendant, UNITED NATIONS DEVELOPMENT CORPORATION, in this
action; that she has read the foregoing Answer and knows the contents thereof, and
that the same is true to the knowledge of affirmant except as to the matters therein
stated to be alleged upon information and belief, and that as to those matters she
believes itto be true:
That the reason why this verification is made by affirmant and not by defendant is
that the defendant is a domestic corporation, and none of itsofficers is now within the
County of New York where affirmant has her office.
That the sources of affirmant's information and the grounds of her belief as to all
the matters in said Answer alleged upon information and belief are reports from and
communications had with the defendant.
DATED: New York, New York
February 20, 2018
TAHESHA C. GILPIN
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MIYA LaROCCO, Index No.: 151055/2018
Plaintiff(s), VERIFIED BILL OF
PARTICULARS
-against-
BISHOP TRADING COMPANY, LLC and
UNITED NATIONS DEVELOPMENT CORPORATION,
Defendant(s).
-----------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042, 3043 and 3044
of the Civil Practice and Rules, you are hereby required to serve a Verified Bill of
Particulars upon the undersigned attorneys within 20 days of the receipt of this Demand
showing the following details, or in lieu thereof, a statement that the plaintiff(s) has no
knowledge or information concerning each Demand:
1. The date of birth of each and every plaintiff.
2. The residence at the time of the occurrence of each and every plaintiff.
3. The current residence of each and every plaintiff.
4. The Social Security number of each plaintiff.
5. The location, date and time of the occurrence.
6. A specific statement of the manner of the occurrence alleged in the
Complaint.
7. Set forth the acts or omissions constituting the negligence claimed against
the answering defendant(s).
8. The location of the occurrence in sufficient detail to permit identification,
giving the distance from and between fixed points, such as structures, buildings,
rooms, stairs, curbs, intersections, etc.
9. Ifa defect, foreign object or other condition is alleged to be a cause of the
occurrence, set forth a description of same, including a) location, b) dimensions
and c) composition,
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10. Ifactual notice of any condition identified in #9, supra, is claimed, state
when, by whom and to whom actual notice was given. Ifyou are unable to
provide the name and address of any actual notice witnesses, set forth a physical
description or a status description of the actual notice witnesses.
11. Ifconstructive notice of any condition identified in #9, supra, is claimed,
state the length of time itis claimed the condition existed and the name and
address of any notice witnesses. Ifyou are unable to provide the name and
address of the constructive notice witnesses, set forth a physical description or a
status description of the notice witnesses.
12. Set forth the name and address of each eye witness to the occurrence
alleged in the Complaint. Ifyou are unable to provide the name and address of
the eye witnesses, set forth a physical description or a status description of the
eye witnesses.
13. State each rule, policy, accepted standard, ordinance, statute and section
of statute that itis claimed were violated or deviated from by the answering
defendant(s), its employees or its agents.
14. State each and every injury claimed to have been sustained by each
plaintiff, with the duration thereof.
15. Set forth each and every injury which is claimed to be permanent and in
what respect each injury is claimed to be permanent. Ifit is claimed that a
condition has been exacerbated, set forth the condition and the manner in which
ithas been exacerbated.
16. Ifthe plaintiff received treatment at a hospital or clinic, provide the names
of each hospital or clinic and set forth the dates of admission, discharge and
treatment.
17. Set forth the dates of confinement and place of confinement ifplaintiff was
confined to a) hospital, b) home or c) bed.
18. ifthere is an activity that can no longer be enjoyed or performed by the
plaintiff, state the activity and the reasons for the plaintiff's inability to enjoy or
perform the activity after the occurrence alleged in the Complaint.
19. State the name and address of the plaintiff's employer at the time of the
occurrence, the position held by the plaintiff and the rate of pay of the plaintiff. If
the plaintiff was self employed at the time of the occurrence, set forth the name
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and address under which the plaintiff did business and his annual income. State
whether the plaintiff was injured during the course of his employment.
20. Ifthe plaintiff was disabled from his/her usual occupation as a result of the
occurrence, provide the dates of the alleged disability.
21. Set forth separately, the amounts claimed for:
a) hospital and ambulance services
b) doctor's services
c) physical and rehabilitation therapy
d) psychiatric services
e) nursing services
f) medical supplies and medicine
g) lost earnings
h) property damage
22. Set forth every additional item of damage or expense alleged to have
been sustained by each plaintiff, including separate statements for any alleged
emotional injuries.
23. Ifthe plaintiff was a member of a Union, set forth the name of the Union,
the name of the Local and the plaintiff's union number.
24. Ifthe plaintiff(s) claim injuries sustained in an automobile accident, give
the name of the thoroughfare on which, and the direction in which, each motor
vehicle or pedestrian involved in the accident was proceeding prior to and at the
time of the occurrence.
25. Ifthis accident arises out of a motor vehicle accident, state which injuries
the plaintiff(s) will claim are serious as defined by the Comprehensive Automobile
Insurance Reparations Act or No-Fault Law.
26. State in what respect and in what manner the alleged injuries are "Serious
Injuries"
as defined in the No-Fault Law.
27. State whether or not a claim is being made for improper or defective
equipment. Ifso, describe in detail the equipment and the defects alleged.
28. Ifpersonal or real property damages are claimed, set forth (a) a
description of the property damaged; (b) the date of purchase of each item and
the price paid; (c) the value of the property at the time of the loss; (d) a detailed
listof the repairs necessary to each item and the cost of repairs to each item;
and (e) the salvage loss recovered, ifany.
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Please take further notice that in the event of your failure to comply with this
Demand for a Verified Billof Particulars within twenty (20) days, a motion will be made
for an Order precluding you from offering any evidence at trial of this matter with respect
to the foregoing Demands.
Dated: New York, New York
February 20, 2018
Yours etc.
CARTAFALSA, TURPIN 5 LENOFF
By:
TAHESHA C. GILPIN
Attorneys for Defendant(s)
BISHOP TRADING COMPANY, LLC and
UNITED NATIONS DEVELOPMENT
CORPORATION
4 World Trade Center
52nd
150 Greenwich Street, Floor
New York, New York 10007
(212) 225-7700
File No.: 452516
TO:
PONTISAKOS 8 BRANDMAN, P.C.
Attorneys for Plaintiff
600 Old Country Road, Suite 323
Garden City, NY 11530
(516) 683-8888
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MIYA LaROCCO, Index No.: 151055/2018
Plaintiff(s), COMBINED DEMANDS
WITH NOTICE TO TAKE
-against- DEPOSITION
BISHOP TRADING COMPANY, LLC and
UNITED NATIONS DEVELOPMENT CORPORATION,
Defendant(s).
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the C.P.L.R. you are
hereby required to produce and permit discovery by the below named defendants of the
items listed below.
PLEASE TAKE FURTHER NOTICE that you are hereby required to produce and
permit discovery of the items listed below by serving same upon the attorneys for the
defendants herein on or before March 21, 2018.
NOTICE OF REFUSAL TO ACCEPT SERVICE
VIA FACSIMILE OR OTHER ELECTRONIC MEANS
PLEASE TAKE NOTICE that the undersigned, CARTAFALSA, TURPIN &
LENOFF, pursuant to CPLR Section 2103(5), as attorneys for defendants, BISHOP
TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION,
in the above-captioned matter, will not accept service of legal pleadings, proceedings or
documents by facsimile or other electronic means in this matter.
DEMAND FOR MEDICAL INFORMATION AND REPORTS
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PLEASE TAKE NOTICE that pursuant to C.P.L.R. 3121, the plaintiff is required
to serve within twenty (20) days after receipt of this notice upon the undersigned and
upon all other parties to this action, the following:
1. The names and addresses of all physicians or other health care
providers of every description who have consulted, examined or treated the plaintiff's or
plaintiff's decedent for each of the conditions allegedly caused by, or exacerbated by,
the occurrence described in the complaint including the date of such treatment or
examination.
2. Duly executed and acknowledged, HIPPA compliant, written
authorizations directed to any hospital, clinic or other health care facility in which the
injured plaintiff's or plaintiff's decedent herein is or was treated or confined due to the
occurrence set forth in the complaint so as to permit the securing of a copy of the entire
technicians'
hospital record or records including x-rays and reports. Said authorizations
should include the language that the authorization does not expire until the "end of this
litigation".
3. Duly executed and acknowledged, HIPAA compliant, written
authorizations to allow the defendant, to obtain the completed official medical records
relating to plaintiff or plaintiff's decedent of each health care provider identified in (1)
above. Said authorizations should include the language that the authorization does not
expire until the "end of this litigation".
4. Copies of all medical reports received from health care providers
identified in (1) above. These shall include a detailed recital of the injuries and
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conditions as to which testimony will be offered at the trial, referring to and identifying
technicians'
those x-rays and reports which will be offered at the trial.
5. Duly executed and acknowledged written authorizations to allow
defendant to obtain complete pharmacy or drug store records with respect to any drugs
prescribed for plaintiff's or plaintiffs decedent from one (1) year prior to the occurrence
described in the complaint to the present date.
PLEASE TAKE FURTHER NOTICE, that all authorizations should allow for this
office to obtain the "entire medical records, including patient histories, in-take forms,
office notes, test results, radiology studies, films, referrals, consults, billing records,
insurance records and records from other health care providers".
Upon your failure to comply herewith, the plaintiff herein will be precluded
at the trial of this action from offering any evidence of the conditions described in the
reports or records demanded or offering in evidence any part of the hospital records,
medical records, x-ray reports or reports of other technicians not made available
pursuant to this Rule, nor will the Court hear the testimony of any physicians whose
medical reports have not been served pursuant to the aforesaid demand.
NOTICE FOR DISCOVERY AND INSPECTION
PLEASE TAKE NOTICE that pursuant to C.P.L.R. Article 31 and the cases of
ZELLMAN v. METROPOLITAN TRANSPORTATION AUTHORITY, 40 A.D. 2d 248 and
ZAYAS v. MORALES, 45 A.D. 2d 610, you are hereby required to produce and permit
discovery by the defendant(s) herein of the names and addresses of all eyewitnesses to
the occurrence and all notice witnesses and the names and addresses of all those
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witnesses who may be called to testify at a trial of this matter to the event itself or
towards the question of notice, such accident having allegedly occurred on 12/11/17.
NOTICE FOR DISCOVERY AND INSPECTION
OF EXPERT WITNESSES
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Sec. 3101, the defendants,
by their attorneys, CARTAFALSA, TURPIN 8 LENOFF, demands that all parties and
their attorneys, produce and permit discovery by the defendant, itsattorneys or another
acting on its behalf, the following documents and things for inspection, copying,
photographing and testing:
1. Set forth the names and addresses of each person you intend to call as an
expert witness at the time of trial of this action, and
2. Describe in reasonable detail the subject matter on which each expert is
expected to testify, and
3. Set forth the substance of the facts and opinions on which each expert is
expected to testify, and
4. Set forth the qualifications of each expert witness, and
5. Set forth a summary of the grounds for each expert's opinion, and
6. Set forth a copy of the expert's report.
PLEASE TAKE FURTHER NOTICE, THAT in the event that an expert is
retained subsequent to the service of this notice, such information is to be furnished to
the offices of CARTAFALSA, TURPIN 8 LENOFF, whenever so obtained. The offices
of CARTAFALSA, TURPIN 8 LENOFF, will object at the time of trialof this action to the
testimony of any expert witness with regard to whom you have failed to comply with this
Notice for Discovery and Inspection.
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PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the
aforerequested information may be set to the above named attorneys prior to the above
mentioned time in lieu of a personal appearance on the above date.
DEMAND FOR PRODUCTION OF INSURANCE AGREEMENTS
PLEASE TAKE NOTICE, that pursuant to the applicable Rules of this Court, you
are hereby required to furnish to the undersigned, within twenty (20) days, copies of the
following:
1. With respect to any and all insurance in effect at the time of the
occurrence complained of under which any person carrying on an insurance business
may be liable to satisfy part or allof a judgment which may be entered in this action or
to indemnify or reimburse for payments made to satisfy the judgment.
(a) a full and complete copy of allprimary insurance agreements
and policies of liability insurance, including terms, definitions, additional insured
endorsements, exclusions and certificates of insurance and,
(b) all excess workmen's compensation and umbrella insurance
agreements and policies of liabilityinsurance.
PLEASE TAKE FURTHER NOTICE that any insurance document and policy
produced in response to the above demand shall be the complete document and policy
including but not limited to declaration sheets, riders, limitations, endorsements,
amendments, cancellations, face sheets and/or binders, etc.
YOU ARE FURTHER REQUIRED to state the number of claims brought against
the defendant during the applicable policy period, the amount sought in each such
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claim, and the amount already paid, ifany; Folgate v. Brookhaven Memorial Hospital,
381 N.Y.S.2d 384.
PLEASE TAKE FURTHER NOTICE, that ifit isclaimed that no liability insurance
of any kind, type or description was in effect at the time of the occurrence complained
of, then demand is hereby made that the above-named PARTY set forth, by
AFFIDAVIT, said claim.
DEMAND FOR PLAINTIFF'S INSURANCE COVERAGE
PLEASE TAKE NOTICE that demand is made upon the respective plaintiff(s)
appearing in this action to reveal to the undersigned in writing, pursuant to Section
3101(f) of the Civil Practice Law and Rules the following:
1. The address of Worker's Compensation Board which has jurisdiction over
plaintiff's claim for Worker's Compensation benefits in connection with injuries allegedly
sustained in the subject action, as well as the file number assigned to same and an
authorization permitting defendant(s) to obtain, review and copy the aforementioned file.
2. The name and address of the insurance carrier to which plaintiff(s) has made
claim for Worker's Compensation benefits in connection with injuries allegedly sustained
in the subject action, as well as the file number assigned to same and an authorization
permitting defendant(s) to obtain, review and copy the aforementioned file.
3. The name and address of the insurance carrier to which plaintiff(s) has made
claim for No-Fault benefits in connection with injuries allegedly sustained in the subject
action, as well as the file number assigned to same and an authorization permitting
defendant(s) to obtain, review and copy the aforementioned file.
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4. The name and address of the insurance carrier to which plaintiff has made
claim for medical insurance coverage in connection with injuries allegedly sustained in
the subject action, as well as the file number assigned to the same and an authorization
to obtain, review and copy the aforementioned file.
5. The name and address of the insurance carrier to which plaintiff has made a
claim for disability insurance coverage in connection with injuries allegedly sustained in
the subject action, as well as the file number assigned to the same and an authorization
to obtain, review and copy the aforementioned file.
DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION
PLEASE TAKE NOTICE, that pursuant to the applicable Rules of this Court, you
are required to serve within twenty (20) days after receipt of this notice the following
information:
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) Workers Compensation Benefits;
(d) Disability Benefits;
(e) Employee Benefits Program;
(f) Any other source,
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2. Where reimbursement was or is pursuant to a policy of any type, state the
name of the policy holder, the policy number, and the name of the insurer of the policy;
a listof 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(s) 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 were made, copies of all checks and other indicia
of payment, and copies of any claims submitted for payment.
PLEASE TAKE FURTHER NOTICE, authorizations for any insurance
documents and policy produced in response to the demand herei
Preview
FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK —————————————————————— ---------------------------------------------------------------X MlYA LaROCCO, Index No.: 151055/2018 Plaintiff(s), VERIFIED ANSWER -against- BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, Defendant(s). _____________.,------.------------------------------------------X Defendants, BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, by CARTAFALSA, TURPIN 8 LENOFF, their attorneys, answering the plaintiffs complaint herein, respectfully shows to the Court, upon information and belief, the following: FIRST: Defendants deny any knowledge or information sufficient to form a belief as to any of the allegations contained in paragraphs of plaintiffs complaint numbered and designated as 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 32, 34, 35, 36, 37, 38 and 39. SECOND: Defendants deny each and every allegation contained in paragraphs of plaintiff's complaint numbered and designated as 13, 14, 16, 18, 28, 29, 30, 31 and 33. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: THIRD: That ifthe plaintiff sustained injuries as alleged in the Complaint, said injuries would have been brought about and caused in whole or in part by the plaintiff's own negligent and/or culpable conduct. 1 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 FOURTH: That any damages to which plaintiff may become entitled should be diminished in the same proportion, as plaintiff's own negligent and/or culpable conduct bears to the total negligent and/or culpable conduct responsible for the injuries sustained. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: FIFTH: This Court lacks personal jurisdiction over these defendants. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: SIXTH: That at the time of the alleged accident, the plaintiff was engaged in activity which she knew to be hazardous of its very nature and the plaintiff assumed the risk inherent in said activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: SEVENTH: The Complaint fails to state a cause of action and these defendants reserve the right to move to dismiss the same at or before trial. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: EIGHTH: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care of rehabilitative services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: Workers' NINTH: The plaintiff's action is barred by the operation of the Compensation Law of New York State. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 2 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 TENTH: Plaintiff failed to mitigate her damages. WHEREFORE, Defendants, BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, demand judgment dismissing the plaintiffs Complaint herein, together with the costs and disbursements of this action. Dated: New York, New York February 20, 2018 Yours etc. CARTAFALSA, TURPIN 8 LENOFF By: TAHESHA C. GlLPIN Attorneys for Defendant(s) BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION 4 World Trade Center 52nd 150 Greenwich Street, Floor New York, New York 10007 (212) 225-7700 File No.: 452516 TO: PONTISAKOS 8 BRANDMAN, P.C. Attorneys for Plaintiff 600 Old Country Road, Suite 323 Garden City, NY 11530 (516) 683-8888 3 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 VERIFICATION TAHESHA C. GILPIN, an attorney duly licensed to practice law in the Courts of the State of New York, affirms the following under penalty of perjury: That she is an associate of the firm of CARTAFALSA, TURPIN 8 LENOFF Attorneys for defendant, BISHOP TRADING COMPANY, LLC, in this action; that she has read the foregoing Answer and knows the contents thereof, and that the same is true to the knowledge of affirmant except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes itto be true: That the reason why this verification is made by affirmant and not by defendant is that the defendant is a limited liabilitycompany, and none of its officers is now within the County of New York where affirmant has her office. That the sources of affirmant's information and the grounds of her belief as to all the matters in said Answer alleged upon information and belief are reports from and communications had with the defendant. DATED: New York, New York February 20, 2018 TAHESHA C, GILPIN 4 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 VERIFICATION TAHESHA C. GILPIN, an attorney duly licensed to practice law in the Courts of the State of New York, affirms the following under penalty of perjury: That she is an associate of the firm of CARTAFALSA, TURPIN 8 LENOFF Attorneys for defendant, UNITED NATIONS DEVELOPMENT CORPORATION, in this action; that she has read the foregoing Answer and knows the contents thereof, and that the same is true to the knowledge of affirmant except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes itto be true: That the reason why this verification is made by affirmant and not by defendant is that the defendant is a domestic corporation, and none of itsofficers is now within the County of New York where affirmant has her office. That the sources of affirmant's information and the grounds of her belief as to all the matters in said Answer alleged upon information and belief are reports from and communications had with the defendant. DATED: New York, New York February 20, 2018 TAHESHA C. GILPIN 5 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------X MIYA LaROCCO, Index No.: 151055/2018 Plaintiff(s), VERIFIED BILL OF PARTICULARS -against- BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, Defendant(s). -----------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042, 3043 and 3044 of the Civil Practice and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned attorneys within 20 days of the receipt of this Demand showing the following details, or in lieu thereof, a statement that the plaintiff(s) has no knowledge or information concerning each Demand: 1. The date of birth of each and every plaintiff. 2. The residence at the time of the occurrence of each and every plaintiff. 3. The current residence of each and every plaintiff. 4. The Social Security number of each plaintiff. 5. The location, date and time of the occurrence. 6. A specific statement of the manner of the occurrence alleged in the Complaint. 7. Set forth the acts or omissions constituting the negligence claimed against the answering defendant(s). 8. The location of the occurrence in sufficient detail to permit identification, giving the distance from and between fixed points, such as structures, buildings, rooms, stairs, curbs, intersections, etc. 9. Ifa defect, foreign object or other condition is alleged to be a cause of the occurrence, set forth a description of same, including a) location, b) dimensions and c) composition, 6 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 10. Ifactual notice of any condition identified in #9, supra, is claimed, state when, by whom and to whom actual notice was given. Ifyou are unable to provide the name and address of any actual notice witnesses, set forth a physical description or a status description of the actual notice witnesses. 11. Ifconstructive notice of any condition identified in #9, supra, is claimed, state the length of time itis claimed the condition existed and the name and address of any notice witnesses. Ifyou are unable to provide the name and address of the constructive notice witnesses, set forth a physical description or a status description of the notice witnesses. 12. Set forth the name and address of each eye witness to the occurrence alleged in the Complaint. Ifyou are unable to provide the name and address of the eye witnesses, set forth a physical description or a status description of the eye witnesses. 13. State each rule, policy, accepted standard, ordinance, statute and section of statute that itis claimed were violated or deviated from by the answering defendant(s), its employees or its agents. 14. State each and every injury claimed to have been sustained by each plaintiff, with the duration thereof. 15. Set forth each and every injury which is claimed to be permanent and in what respect each injury is claimed to be permanent. Ifit is claimed that a condition has been exacerbated, set forth the condition and the manner in which ithas been exacerbated. 16. Ifthe plaintiff received treatment at a hospital or clinic, provide the names of each hospital or clinic and set forth the dates of admission, discharge and treatment. 17. Set forth the dates of confinement and place of confinement ifplaintiff was confined to a) hospital, b) home or c) bed. 18. ifthere is an activity that can no longer be enjoyed or performed by the plaintiff, state the activity and the reasons for the plaintiff's inability to enjoy or perform the activity after the occurrence alleged in the Complaint. 19. State the name and address of the plaintiff's employer at the time of the occurrence, the position held by the plaintiff and the rate of pay of the plaintiff. If the plaintiff was self employed at the time of the occurrence, set forth the name 7 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 and address under which the plaintiff did business and his annual income. State whether the plaintiff was injured during the course of his employment. 20. Ifthe plaintiff was disabled from his/her usual occupation as a result of the occurrence, provide the dates of the alleged disability. 21. Set forth separately, the amounts claimed for: a) hospital and ambulance services b) doctor's services c) physical and rehabilitation therapy d) psychiatric services e) nursing services f) medical supplies and medicine g) lost earnings h) property damage 22. Set forth every additional item of damage or expense alleged to have been sustained by each plaintiff, including separate statements for any alleged emotional injuries. 23. Ifthe plaintiff was a member of a Union, set forth the name of the Union, the name of the Local and the plaintiff's union number. 24. Ifthe plaintiff(s) claim injuries sustained in an automobile accident, give the name of the thoroughfare on which, and the direction in which, each motor vehicle or pedestrian involved in the accident was proceeding prior to and at the time of the occurrence. 25. Ifthis accident arises out of a motor vehicle accident, state which injuries the plaintiff(s) will claim are serious as defined by the Comprehensive Automobile Insurance Reparations Act or No-Fault Law. 26. State in what respect and in what manner the alleged injuries are "Serious Injuries" as defined in the No-Fault Law. 27. State whether or not a claim is being made for improper or defective equipment. Ifso, describe in detail the equipment and the defects alleged. 28. Ifpersonal or real property damages are claimed, set forth (a) a description of the property damaged; (b) the date of purchase of each item and the price paid; (c) the value of the property at the time of the loss; (d) a detailed listof the repairs necessary to each item and the cost of repairs to each item; and (e) the salvage loss recovered, ifany. 8 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 Please take further notice that in the event of your failure to comply with this Demand for a Verified Billof Particulars within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at trial of this matter with respect to the foregoing Demands. Dated: New York, New York February 20, 2018 Yours etc. CARTAFALSA, TURPIN 5 LENOFF By: TAHESHA C. GILPIN Attorneys for Defendant(s) BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION 4 World Trade Center 52nd 150 Greenwich Street, Floor New York, New York 10007 (212) 225-7700 File No.: 452516 TO: PONTISAKOS 8 BRANDMAN, P.C. Attorneys for Plaintiff 600 Old Country Road, Suite 323 Garden City, NY 11530 (516) 683-8888 9 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X MIYA LaROCCO, Index No.: 151055/2018 Plaintiff(s), COMBINED DEMANDS WITH NOTICE TO TAKE -against- DEPOSITION BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the C.P.L.R. you are hereby required to produce and permit discovery by the below named defendants of the items listed below. PLEASE TAKE FURTHER NOTICE that you are hereby required to produce and permit discovery of the items listed below by serving same upon the attorneys for the defendants herein on or before March 21, 2018. NOTICE OF REFUSAL TO ACCEPT SERVICE VIA FACSIMILE OR OTHER ELECTRONIC MEANS PLEASE TAKE NOTICE that the undersigned, CARTAFALSA, TURPIN & LENOFF, pursuant to CPLR Section 2103(5), as attorneys for defendants, BISHOP TRADING COMPANY, LLC and UNITED NATIONS DEVELOPMENT CORPORATION, in the above-captioned matter, will not accept service of legal pleadings, proceedings or documents by facsimile or other electronic means in this matter. DEMAND FOR MEDICAL INFORMATION AND REPORTS 10 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 PLEASE TAKE NOTICE that pursuant to C.P.L.R. 3121, the plaintiff is required to serve within twenty (20) days after receipt of this notice upon the undersigned and upon all other parties to this action, the following: 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff's or plaintiff's decedent for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint including the date of such treatment or examination. 2. Duly executed and acknowledged, HIPPA compliant, written authorizations directed to any hospital, clinic or other health care facility in which the injured plaintiff's or plaintiff's decedent herein is or was treated or confined due to the occurrence set forth in the complaint so as to permit the securing of a copy of the entire technicians' hospital record or records including x-rays and reports. Said authorizations should include the language that the authorization does not expire until the "end of this litigation". 3. Duly executed and acknowledged, HIPAA compliant, written authorizations to allow the defendant, to obtain the completed official medical records relating to plaintiff or plaintiff's decedent of each health care provider identified in (1) above. Said authorizations should include the language that the authorization does not expire until the "end of this litigation". 4. Copies of all medical reports received from health care providers identified in (1) above. These shall include a detailed recital of the injuries and 11 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 conditions as to which testimony will be offered at the trial, referring to and identifying technicians' those x-rays and reports which will be offered at the trial. 5. Duly executed and acknowledged written authorizations to allow defendant to obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff's or plaintiffs decedent from one (1) year prior to the occurrence described in the complaint to the present date. PLEASE TAKE FURTHER NOTICE, that all authorizations should allow for this office to obtain the "entire medical records, including patient histories, in-take forms, office notes, test results, radiology studies, films, referrals, consults, billing records, insurance records and records from other health care providers". Upon your failure to comply herewith, the plaintiff herein will be precluded at the trial of this action from offering any evidence of the conditions described in the reports or records demanded or offering in evidence any part of the hospital records, medical records, x-ray reports or reports of other technicians not made available pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical reports have not been served pursuant to the aforesaid demand. NOTICE FOR DISCOVERY AND INSPECTION PLEASE TAKE NOTICE that pursuant to C.P.L.R. Article 31 and the cases of ZELLMAN v. METROPOLITAN TRANSPORTATION AUTHORITY, 40 A.D. 2d 248 and ZAYAS v. MORALES, 45 A.D. 2d 610, you are hereby required to produce and permit discovery by the defendant(s) herein of the names and addresses of all eyewitnesses to the occurrence and all notice witnesses and the names and addresses of all those 12 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 witnesses who may be called to testify at a trial of this matter to the event itself or towards the question of notice, such accident having allegedly occurred on 12/11/17. NOTICE FOR DISCOVERY AND INSPECTION OF EXPERT WITNESSES PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Sec. 3101, the defendants, by their attorneys, CARTAFALSA, TURPIN 8 LENOFF, demands that all parties and their attorneys, produce and permit discovery by the defendant, itsattorneys or another acting on its behalf, the following documents and things for inspection, copying, photographing and testing: 1. Set forth the names and addresses of each person you intend to call as an expert witness at the time of trial of this action, and 2. Describe in reasonable detail the subject matter on which each expert is expected to testify, and 3. Set forth the substance of the facts and opinions on which each expert is expected to testify, and 4. Set forth the qualifications of each expert witness, and 5. Set forth a summary of the grounds for each expert's opinion, and 6. Set forth a copy of the expert's report. PLEASE TAKE FURTHER NOTICE, THAT in the event that an expert is retained subsequent to the service of this notice, such information is to be furnished to the offices of CARTAFALSA, TURPIN 8 LENOFF, whenever so obtained. The offices of CARTAFALSA, TURPIN 8 LENOFF, will object at the time of trialof this action to the testimony of any expert witness with regard to whom you have failed to comply with this Notice for Discovery and Inspection. 13 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the aforerequested information may be set to the above named attorneys prior to the above mentioned time in lieu of a personal appearance on the above date. DEMAND FOR PRODUCTION OF INSURANCE AGREEMENTS PLEASE TAKE NOTICE, that pursuant to the applicable Rules of this Court, you are hereby required to furnish to the undersigned, within twenty (20) days, copies of the following: 1. With respect to any and all insurance in effect at the time of the occurrence complained of under which any person carrying on an insurance business may be liable to satisfy part or allof a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. (a) a full and complete copy of allprimary insurance agreements and policies of liability insurance, including terms, definitions, additional insured endorsements, exclusions and certificates of insurance and, (b) all excess workmen's compensation and umbrella insurance agreements and policies of liabilityinsurance. PLEASE TAKE FURTHER NOTICE that any insurance document and policy produced in response to the above demand shall be the complete document and policy including but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. YOU ARE FURTHER REQUIRED to state the number of claims brought against the defendant during the applicable policy period, the amount sought in each such 14 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 claim, and the amount already paid, ifany; Folgate v. Brookhaven Memorial Hospital, 381 N.Y.S.2d 384. PLEASE TAKE FURTHER NOTICE, that ifit isclaimed that no liability insurance of any kind, type or description was in effect at the time of the occurrence complained of, then demand is hereby made that the above-named PARTY set forth, by AFFIDAVIT, said claim. DEMAND FOR PLAINTIFF'S INSURANCE COVERAGE PLEASE TAKE NOTICE that demand is made upon the respective plaintiff(s) appearing in this action to reveal to the undersigned in writing, pursuant to Section 3101(f) of the Civil Practice Law and Rules the following: 1. The address of Worker's Compensation Board which has jurisdiction over plaintiff's claim for Worker's Compensation benefits in connection with injuries allegedly sustained in the subject action, as well as the file number assigned to same and an authorization permitting defendant(s) to obtain, review and copy the aforementioned file. 2. The name and address of the insurance carrier to which plaintiff(s) has made claim for Worker's Compensation benefits in connection with injuries allegedly sustained in the subject action, as well as the file number assigned to same and an authorization permitting defendant(s) to obtain, review and copy the aforementioned file. 3. The name and address of the insurance carrier to which plaintiff(s) has made claim for No-Fault benefits in connection with injuries allegedly sustained in the subject action, as well as the file number assigned to same and an authorization permitting defendant(s) to obtain, review and copy the aforementioned file. 15 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 4. The name and address of the insurance carrier to which plaintiff has made claim for medical insurance coverage in connection with injuries allegedly sustained in the subject action, as well as the file number assigned to the same and an authorization to obtain, review and copy the aforementioned file. 5. The name and address of the insurance carrier to which plaintiff has made a claim for disability insurance coverage in connection with injuries allegedly sustained in the subject action, as well as the file number assigned to the same and an authorization to obtain, review and copy the aforementioned file. DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION PLEASE TAKE NOTICE, that pursuant to the applicable Rules of this Court, you are required to serve within twenty (20) days after receipt of this notice the following information: 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) Workers Compensation Benefits; (d) Disability Benefits; (e) Employee Benefits Program; (f) Any other source, 16 of 28 FILED: NEW YORK COUNTY CLERK 02/20/2018 03:20 PM INDEX NO. 151055/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/20/2018 2. Where reimbursement was or is pursuant to a policy of any type, state the name of the policy holder, the policy number, and the name of the insurer of the policy; a listof 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(s) 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 were made, copies of all checks and other indicia of payment, and copies of any claims submitted for payment. PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and policy produced in response to the demand herei