Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
JOSEPH CHAN as Administrator of the Estate of
YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022
Plaintiff,
COMBINED DEMANDS
-against-
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to Rules 3101, 3120 and 3130 of the Civil
Practice Law and Rules, you are hereby required to produce or identify at the office of the
undersigned attorneys, within twenty (20) days from the date herein, the following items of
information in the possession of the plaintiff and/or plaintiff’s counsel:
Statements:
1. Written statements of the defendant in your possession.
2. Records, memoranda, notes, tape recordings, or other recorded communication
made of or by the defendant in your possession.
This demand shall be deemed to continue during the pendency of this action if any of the above
items are subsequently obtained.
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Witnesses:
1. Names and addresses of each person claimed, by any party whom you represent,
to be a witness of any of the following:
(a) The occurrence(s) alleged in the Complaint;
(b) Any acts, omissions, or conditions, which allegedly caused
the occurrence(s), alleged in the Complaint;
(c) The damages claimed in this action;
(d) The nature and duration of the alleged condition that
caused the alleged accident;
(e) Set forth which, if any, of the witnesses identified above
Plaintiff intend to call as a witness at the time of trial.
Medical Records, Authorizations & Medical Information:
1. A copy of all records, and/or reports generated by the staff of the defendant,
NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC
HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR,
GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH
AND HOSPITALS CORPORATION.
2. The names and addresses of all physicians or other providers of every description
who have consulted, examined, or treated the plaintiff for each of the conditions
allegedly caused or exacerbated by the occurrence described in the Complaint,
including the dates of such consultation, treatment, or examination.
a. Written authorizations to allow this defendant to obtain the
complete office medical records relating to the plaintiff
from each health care providers identified in (1) above,
including:
2
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b. Copies of all medical/medical reports received from health
care providers identified in (1), above.
3. Duly executed and acknowledged HIPAA compliant written authorizations
directed to any hospital, clinic, or other health care facility in which the plaintiff 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 hospital record, including x-rays and
technicians' reports.
4. The names and address of every physician or other health care provider, hospital,
clinic, or other health care facility which may have examined or treated plaintiff
during the five years prior to the occurrence set forth in the Complaint, for any
condition or injury to the plaintiff. Also, state the dates of such treatment or
examination.
5. Upon the filing of the Note of Issue, a new set of duly executed and
acknowledged HIPAA compliant written authorizations as provided during
discovery directed to any hospital, clinic, or other health care facility in which the
plaintiff is or was treated or confined due to the occurrence set forth in the
Complaint, or, in the alternative, duly executed and acknowledged HIPAA
compliant written authorizations that specifically set forth that the authorizations
are to be effective for the “duration of the litigation.”
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Bills:
1. Each and every bill, statement of account, or itemized charge received by the
plaintiff or anyone on his behalf pertaining to the special damages, if any, claimed
in this lawsuit.
Photographs/Videotapes:
1. Photographs and videotapes of the plaintiff that demonstrate the injuries allegedly
sustained;
2. Photographs and videotapes of the accident scene/location;
3. Identify the date/dates that each photograph was taken and the date/dates of the
videotapes;
4. Identify the name and address of the photographer(s) of the photographs and the
name and address of the videographer of the videotapes; and
5. As to any photographs plaintiff may seek to exhibit to the jury at the time of trial,
set forth the date(s) each photograph was taken and the location(s) where each
photograph was taken.
Insurance Information:
1. The name and address of the insurance carrier providing health insurance
coverage to the plaintiff and the name of the insurance carrier providing health
insurance at the time of the alleged negligence and/or malpractice; and
2. The policy numbers; and
3. Authorizations for the insurance policies set forth in response to No. 1.
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Collateral Source Information:
1. Demand is hereby made upon the attorneys for a statement as to whether any part
of the cost of medical care, legal services, custodial care, loss of earnings, or other
economic loss sought to be recovered herein was replaced or indemnified, in
whole or in part, from any collateral source such as insurance, Social Security,
Workers’ Compensation, Medicaid, public assistance, or an employee benefit
program.
2. If so, the full name and address of each organization, agency, or program
providing such replacement or indemnification together with an itemized
statement of the amount in which each such claimed item of economic loss was
replaced or indemnified by each such organization or program.
3. Duly executed and acknowledged written authorizations directed to any
organization, agency or program identified in (1) above.
Income Tax and Employment Records (if loss of earnings is being claimed):
1. The names and addresses of all institutions, firms, corporations, partnerships,
persons, or others by whom the plaintiff was employed, by or from whom the
plaintiff received salary and/or income benefits for the years 2000 through the
present.
2. Duly executed and addressed authorizations to permit the answering defendant to
obtain the employment records of the plaintiff with respect to the plaintiff’s
earnings, position, title, working capacity, record of attendance, record of illness,
and employment status for each of the plaintiff’s places of employment for the
years 2000 to the present.
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Communications:
1. All documents, correspondence, notes or memoranda relating to communications
between plaintiff, plaintiff’s agents, representatives and attorneys, to defendants
relating in any way to the plaintiff, including, but not limited to:
(a) Correspondence from plaintiff, plaintiff’s agents,
representatives and attorneys to defendant;
(b) Correspondence from defendant to plaintiff, plaintiff’s
agents, representatives and attorneys;
(c) All documents, records or reports prepared by defendant,
including copies of all medical records of defendant; and
(d) All correspondence from defendant to any third party.
Index Number and Affidavit of Service:
1. A copy of the receipt for the index number purchased and all proofs of service
within 14 days from the date hereof.
Notice for Discovery and Inspection:
Plaintiff is hereby requested to produce for discovery and inspection, at the offices of the
undersigned within twenty (20) days after receipt of this notice, the following documents:
1. A copy of any/all reports or records generated by A copy of all records, and/or
reports generated by the staff of the defendant, NEW YORK CITY HEALTH +
HOSPITALS CORPORATION s/h/a NYC HEALTH AND
HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION that are in the plaintiff’s possession.
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Revocation of Service by Facsimile:
The office of the undersigned will not accept service of papers by facsimile (fax), transmittal or
other electronic means.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Garden City, New York
October 17, 2022
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
By:
Christine E. F. Rockwell
Attorneys for Defendant
NEW YORK CITY HEALTH + HOSPITALS
CORPORATION s/h/a NYC HEALTH AND
HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION
1205 Franklin Avenue – 2nd Floor
Garden City, New York 11530
(516) 248-6000
KBR File No.: 961-110
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiff
330 7th Avenue, 10th Floor
New York, New York 10001
(212) 465-1000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X
JOSEPH CHAN as Administrator of the Estate of
YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022
Plaintiff,
DEMAND FOR
-against- EXPERT WITNESS
INFORMATION
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
-------------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(d), and Jasopersaud v. Rho, 169
A.D.2d 184 (2nd Dep’t 1991) and Thomas v. Alleyne, 2002 WL 31831684, you are hereby required
to serve upon the undersigned the following discovery as to each person whom you will call as an
expert.
PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing
demand and that you are required to serve the demanded information by the earliest of the
following:
a) Within thirty (30) days of the date of this Demand; or
b) Within twenty (20) days of having retained any experts which you will call
at trial; and, in any event; and
c) No later than thirty (30) days prior to the commencement of trial.
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PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand may
result in a Motion to preclude the testimony of any such expert(s) upon the trial of this action.
1. With respect to any and all medical expert witnesses, provide:
a) In respect to any claims or causes of action that do not sound in
medical practice, the name of the medical expert.
b) The area of expertise (and identity as applicable pursuant to the
CPLR);
c) Educational background, including the names and addresses of each
medical school attended;
d) The names and addresses of each hospital to which an internship,
residency and/or fellowship was served;
e) The number of hospitals in which privileges of admitting patients is
now extended, if any, and the nature of the privilege;
f) The title or academic rank, if any, that the expert holds with any
healthcare institution, hospital or medical school;
g) The state or states in which this individual was/is licensed to practice
medicine;
h) Each state in which this individual is presently actively engaged in the
practice of medicine;
i) Societies which each said expert is a member of;
j) The present board certifications and/or qualifications, if any, as to each
proposed expert witness;
k) The subject matter on which each expert will testify;
l) The substance of the facts and opinions to which each expert will
testify;
m) A summary of the grounds for each expert's opinion.
2. With respect to any and all nursing expert witnesses, provide:
a) The name of said expert;
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b) The area of expertise;
c) Educational background, including the names and addresses of each
medical and/or nursing school attended;
d) The names and addresses of each hospital to which an internship,
residency and/or fellowship was served;
e) The number of hospitals in which privileges of admitting patients is
now extended, if any, and the nature of the privilege;
f) The title or academic rank, if any, that the expert holds with any
nursing facility, healthcare institution, hospital or medical school;
g) The state or states in which this individual was/is licensed to practice
medicine and/or nursing;
h) Each state in which this individual is presently actively engaged in the
practice of medicine and/or nursing;
i) Societies which each said expert is a member of;
j) The present board certifications and/or qualifications, if any, as to each
proposed expert witness;
k) The subject matter on which each expert will testify;
l) The substance of the facts and opinions to which each expert will
testify;
m) A summary of the grounds for each expert's opinion.
3. If you will call an economist or actuary, state:
a) The name(s) of such economist or actuary;
b) The address, both home and office of such economist or actuary;
c) The qualifications of such expert(s), including educational
background, business and/or governmental experience, and
associations or societies of which the expert is a member;
d) The subject matter on which each expert will testify;
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e) The substance of the facts and opinions to which each expert will
testify;
f) A summary of the grounds for each expert's opinion.
4. State the name of any other expert not herein before disclosed whom you will call as
a witness at the trial, and for each such expert state:
a) The address, both home and business, of such experts;
b) The subject matter on which the expert will testify;
c) The substance of the facts and opinions to which the expert will
testify;
d) A summary of the grounds for each such opinion;
e) A brief chronological resume of the expert's qualifications, including
educational background and professional background, including the
associations or societies of which the expert is a member, and as to
medical personnel, the names and addresses of all hospitals on whose
staffs such experts are or were.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Garden City, New York
October 17, 2022
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Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
By:
Christine E. F. Rockwell
Attorneys for Defendant
NEW YORK CITY HEALTH + HOSPITALS
CORPORATION s/h/a NYC HEALTH AND
HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION
1205 Franklin Avenue – 2nd Floor
Garden City, New York 11530
(516) 248-6000
KBR File No.: 961-110
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiff
330 7th Avenue, 10th Floor
New York, New York 10001
(212) 465-1000
12
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Index No.: 805145/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN,
Individually,
Plaintiff(s),
-against-
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM
HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
COMBINED DEMANDS
KAUFMAN BORGEEST & RYAN LLP
ATTORNEYS AT LAW
1205 FRANKLIN AVENUE
2nd FLOOR
GARDEN CITY, NEW YORK 11530
(516) 248-6000
ATTORNEYS FOR DEFENDANT
NEW YORK CITY HEALTH + HOSPITALS CORPORATION
s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR,
GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION
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Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022 Plaintiff, COMBINED DEMANDS -against- NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. -------------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Rules 3101, 3120 and 3130 of the Civil Practice Law and Rules, you are hereby required to produce or identify at the office of the undersigned attorneys, within twenty (20) days from the date herein, the following items of information in the possession of the plaintiff and/or plaintiff’s counsel: Statements: 1. Written statements of the defendant in your possession. 2. Records, memoranda, notes, tape recordings, or other recorded communication made of or by the defendant in your possession. This demand shall be deemed to continue during the pendency of this action if any of the above items are subsequently obtained. 8537818 1 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Witnesses: 1. Names and addresses of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence(s) alleged in the Complaint; (b) Any acts, omissions, or conditions, which allegedly caused the occurrence(s), alleged in the Complaint; (c) The damages claimed in this action; (d) The nature and duration of the alleged condition that caused the alleged accident; (e) Set forth which, if any, of the witnesses identified above Plaintiff intend to call as a witness at the time of trial. Medical Records, Authorizations & Medical Information: 1. A copy of all records, and/or reports generated by the staff of the defendant, NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION. 2. The names and addresses of all physicians or other providers of every description who have consulted, examined, or treated the plaintiff for each of the conditions allegedly caused or exacerbated by the occurrence described in the Complaint, including the dates of such consultation, treatment, or examination. a. Written authorizations to allow this defendant to obtain the complete office medical records relating to the plaintiff from each health care providers identified in (1) above, including: 2 8537818 2 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 b. Copies of all medical/medical reports received from health care providers identified in (1), above. 3. Duly executed and acknowledged HIPAA compliant written authorizations directed to any hospital, clinic, or other health care facility in which the plaintiff 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 hospital record, including x-rays and technicians' reports. 4. The names and address of every physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated plaintiff during the five years prior to the occurrence set forth in the Complaint, for any condition or injury to the plaintiff. Also, state the dates of such treatment or examination. 5. Upon the filing of the Note of Issue, a new set of duly executed and acknowledged HIPAA compliant written authorizations as provided during discovery directed to any hospital, clinic, or other health care facility in which the plaintiff is or was treated or confined due to the occurrence set forth in the Complaint, or, in the alternative, duly executed and acknowledged HIPAA compliant written authorizations that specifically set forth that the authorizations are to be effective for the “duration of the litigation.” 3 8537818 3 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Bills: 1. Each and every bill, statement of account, or itemized charge received by the plaintiff or anyone on his behalf pertaining to the special damages, if any, claimed in this lawsuit. Photographs/Videotapes: 1. Photographs and videotapes of the plaintiff that demonstrate the injuries allegedly sustained; 2. Photographs and videotapes of the accident scene/location; 3. Identify the date/dates that each photograph was taken and the date/dates of the videotapes; 4. Identify the name and address of the photographer(s) of the photographs and the name and address of the videographer of the videotapes; and 5. As to any photographs plaintiff may seek to exhibit to the jury at the time of trial, set forth the date(s) each photograph was taken and the location(s) where each photograph was taken. Insurance Information: 1. The name and address of the insurance carrier providing health insurance coverage to the plaintiff and the name of the insurance carrier providing health insurance at the time of the alleged negligence and/or malpractice; and 2. The policy numbers; and 3. Authorizations for the insurance policies set forth in response to No. 1. 4 8537818 4 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Collateral Source Information: 1. Demand is hereby made upon the attorneys for a statement as to whether any part of the cost of medical care, legal services, custodial care, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, Social Security, Workers’ Compensation, Medicaid, public assistance, or an employee benefit program. 2. If so, the full name and address of each organization, agency, or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. 3. Duly executed and acknowledged written authorizations directed to any organization, agency or program identified in (1) above. Income Tax and Employment Records (if loss of earnings is being claimed): 1. The names and addresses of all institutions, firms, corporations, partnerships, persons, or others by whom the plaintiff was employed, by or from whom the plaintiff received salary and/or income benefits for the years 2000 through the present. 2. Duly executed and addressed authorizations to permit the answering defendant to obtain the employment records of the plaintiff with respect to the plaintiff’s earnings, position, title, working capacity, record of attendance, record of illness, and employment status for each of the plaintiff’s places of employment for the years 2000 to the present. 5 8537818 5 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Communications: 1. All documents, correspondence, notes or memoranda relating to communications between plaintiff, plaintiff’s agents, representatives and attorneys, to defendants relating in any way to the plaintiff, including, but not limited to: (a) Correspondence from plaintiff, plaintiff’s agents, representatives and attorneys to defendant; (b) Correspondence from defendant to plaintiff, plaintiff’s agents, representatives and attorneys; (c) All documents, records or reports prepared by defendant, including copies of all medical records of defendant; and (d) All correspondence from defendant to any third party. Index Number and Affidavit of Service: 1. A copy of the receipt for the index number purchased and all proofs of service within 14 days from the date hereof. Notice for Discovery and Inspection: Plaintiff is hereby requested to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: 1. A copy of any/all reports or records generated by A copy of all records, and/or reports generated by the staff of the defendant, NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION that are in the plaintiff’s possession. 6 8537818 6 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Revocation of Service by Facsimile: The office of the undersigned will not accept service of papers by facsimile (fax), transmittal or other electronic means. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Garden City, New York October 17, 2022 Yours, etc., KAUFMAN BORGEEST & RYAN LLP By: Christine E. F. Rockwell Attorneys for Defendant NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 1205 Franklin Avenue – 2nd Floor Garden City, New York 11530 (516) 248-6000 KBR File No.: 961-110 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiff 330 7th Avenue, 10th Floor New York, New York 10001 (212) 465-1000 7 8537818 7 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022 Plaintiff, DEMAND FOR -against- EXPERT WITNESS INFORMATION NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. -------------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(d), and Jasopersaud v. Rho, 169 A.D.2d 184 (2nd Dep’t 1991) and Thomas v. Alleyne, 2002 WL 31831684, you are hereby required to serve upon the undersigned the following discovery as to each person whom you will call as an expert. PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a) Within thirty (30) days of the date of this Demand; or b) Within twenty (20) days of having retained any experts which you will call at trial; and, in any event; and c) No later than thirty (30) days prior to the commencement of trial. 8 8537818 8 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand may result in a Motion to preclude the testimony of any such expert(s) upon the trial of this action. 1. With respect to any and all medical expert witnesses, provide: a) In respect to any claims or causes of action that do not sound in medical practice, the name of the medical expert. b) The area of expertise (and identity as applicable pursuant to the CPLR); c) Educational background, including the names and addresses of each medical school attended; d) The names and addresses of each hospital to which an internship, residency and/or fellowship was served; e) The number of hospitals in which privileges of admitting patients is now extended, if any, and the nature of the privilege; f) The title or academic rank, if any, that the expert holds with any healthcare institution, hospital or medical school; g) The state or states in which this individual was/is licensed to practice medicine; h) Each state in which this individual is presently actively engaged in the practice of medicine; i) Societies which each said expert is a member of; j) The present board certifications and/or qualifications, if any, as to each proposed expert witness; k) The subject matter on which each expert will testify; l) The substance of the facts and opinions to which each expert will testify; m) A summary of the grounds for each expert's opinion. 2. With respect to any and all nursing expert witnesses, provide: a) The name of said expert; 9 8537818 9 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 b) The area of expertise; c) Educational background, including the names and addresses of each medical and/or nursing school attended; d) The names and addresses of each hospital to which an internship, residency and/or fellowship was served; e) The number of hospitals in which privileges of admitting patients is now extended, if any, and the nature of the privilege; f) The title or academic rank, if any, that the expert holds with any nursing facility, healthcare institution, hospital or medical school; g) The state or states in which this individual was/is licensed to practice medicine and/or nursing; h) Each state in which this individual is presently actively engaged in the practice of medicine and/or nursing; i) Societies which each said expert is a member of; j) The present board certifications and/or qualifications, if any, as to each proposed expert witness; k) The subject matter on which each expert will testify; l) The substance of the facts and opinions to which each expert will testify; m) A summary of the grounds for each expert's opinion. 3. If you will call an economist or actuary, state: a) The name(s) of such economist or actuary; b) The address, both home and office of such economist or actuary; c) The qualifications of such expert(s), including educational background, business and/or governmental experience, and associations or societies of which the expert is a member; d) The subject matter on which each expert will testify; 10 8537818 10 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 e) The substance of the facts and opinions to which each expert will testify; f) A summary of the grounds for each expert's opinion. 4. State the name of any other expert not herein before disclosed whom you will call as a witness at the trial, and for each such expert state: a) The address, both home and business, of such experts; b) The subject matter on which the expert will testify; c) The substance of the facts and opinions to which the expert will testify; d) A summary of the grounds for each such opinion; e) A brief chronological resume of the expert's qualifications, including educational background and professional background, including the associations or societies of which the expert is a member, and as to medical personnel, the names and addresses of all hospitals on whose staffs such experts are or were. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Garden City, New York October 17, 2022 11 8537818 11 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Yours, etc., KAUFMAN BORGEEST & RYAN LLP By: Christine E. F. Rockwell Attorneys for Defendant NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 1205 Franklin Avenue – 2nd Floor Garden City, New York 11530 (516) 248-6000 KBR File No.: 961-110 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiff 330 7th Avenue, 10th Floor New York, New York 10001 (212) 465-1000 12 8537818 12 of 13 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/17/2022 Index No.: 805145/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), -against- NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. COMBINED DEMANDS KAUFMAN BORGEEST & RYAN LLP ATTORNEYS AT LAW 1205 FRANKLIN AVENUE 2nd FLOOR GARDEN CITY, NEW YORK 11530 (516) 248-6000 ATTORNEYS FOR DEFENDANT NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 13 8537818 13 of 13