Motion for Discovery in Jocatena Hargrove v. Darian Jackson, Brianna A. Vellone| Trellis.Law

On December 21, 2021 a DEMAND FOR BILL OF PARTICULARS - Discovery demands was filed involving a dispute between Jocatena Hargrove, and Brianna A. Vellone, Darian Jackson, for Torts - Motor Vehicle in the District Court of Dutchess County.

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FILED: DUTCHESS COUNTY CLERK 01/25/2022 04:31 PM INDEX NO. 2021-55017
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/25/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017

JOCATENA HARGROVE
DEMAND FOR VERIFIED
Plaintiff, BILL OF PARTICULARS

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE, that pursuant to the provisions of the Rules of the Civil

Practice Laws and Rules, the undersigned hereby demands that you serve upon him, within

Thirty (30) days, a Verified Bill of Particulars of the Plaintiff's claims as alleged in the

Complaint, setting forth specifically and in detail the answers to the following items.

1. The date and approximate time of day of the occurrence.

2. The approximate place and location where the alleged accident occurred showing
on what street or road, with the name thereof; if it occurred at intersecting streets,
the names thereof and the particular part of the intersection; if it occurred between
intersecting streets, the names thereof and the distance from the intersection.

3. The general direction and on what street or road, with the name thereof, that it is
claimed Plaintiff was/were proceeding at the time.

4. The general direction and on what street or road, with the name thereof, that it is
claimed Defendant's motor vehicle was proceeding at the time.

5. A general statement of the acts and/or omissions constituting the negligence on
the part of the Defendant, of which Plaintiff complain(s).

6. State how it is claimed the accident occurred.

7. The particular provision of the rules, regulations, statutes and ordinances of the
State of New York with the title,article and section number thereof which it is
claimed the Defendant violated.

8. Set forth with specificity the portions of the Defendant's vehicle which were not
safe and were defective. With regards to each portion of the vehicle, state
whether the Defendant had actual or constructive notice of the unsafe and
defective condition. If actual notice is claimed, state when, where and to whom

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such notice is claimed, set forth the period of time in units of time measurements
that the unsafe and defective condition existed with regards to each unsafe and
defective portion of the Defendant's vehicle.

9. Set forth the nature, location, extent and duration of each and every injury
claimed to have been sustained as a result of the alleged accident:

a. Set forth which of the above injuries Plaintiff will claim are "serious
injuries" within the scope, definition and meaning of Section 5102(d) of
the Insurance Law;

b. Set forth which of the injuries and a description of those claimed to be
permanent, arising out of the negligence in the use or operation of a motor
vehicle in this State;

c. Set forth any economic loss greater than basic economic loss defined in
Insurance Law Section 5102(a); and

d. Specify in what manner Plaintiff will claim that the injuries are “serious
injuries” pursuant to Insurance Law Section 5102(d), and identify each
section relied upon.

10. If Plaintiff is/are claiming the aggravation of a pre-existing condition, set forth
with specificity the following:

a. The nature of the pre-existing condition;

b. The length of time said condition existed prior to the alleged negligence of
the Defendant herein; and

c. The name and address of all medical care providers who rendered services
to Plaintiff for said pre-existing condition prior to the occurrence alleged
in the Complaint.

11. State the length of confinement to:

a. Bed; and
b. Home.

12. State the name of each and every hospital, clinic or institution where any
treatment or examination was rendered and the period of time, if any, confined.

13. If it is claimed that Plaintiff was/were treated by a physician other than at the
hospital/clinic, give the name and address of said physician. Accurately state the
number of visits it is claimed that Plaintiff made to each of the physicians
specified above.

14. State Plaintiff's:

a. Present residence address;
b. Address at the time of the occurrence;
c. Date and place of birth; and

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d. Social Security number.

15. If employed at the time of the accident;

a. State the name and address of the employer and title;
b. Name of the immediate supervisor;
c. Length of time incapacitated from employment; and
d. If self-employed, state the nature of self-employment and business
address.

16. If a student at the time of the accident, set forth:

a. The name and address of the school;
b. Grade and class; and
c. The length of time absent, stating the specific dates.

17. State the total amount claimed as special damages for:

a. Hospital expenses;
b. Physician services;
c. Medical expenses;
d. Nursing expenses;
e. MRI/X-ray expenses; and
f. Out of pocket expenses.

18. State the total amount claimed as lost earnings, including detailed statement as to
how such lost earnings were computed. Set forth whether any portion, in whole
or in part, was reimbursed by disability insurance, Workers' Compensation, Social
Security or some other collateral source.

a. If Plaintiff is/are making a claim for lost future earnings or diminution of
earnings, please set forth the nature and extent of said claim.

19. If a claim for property damage is being asserted, accurately state the cost of
property alleged to have been damaged and its value before and after the
occurrence.

20. An itemized list of property damage claimed, including the cost of repairing each
and every item.

21. If loss of use of vehicle is claimed, set forth length of time; and if a vehicle was
hired to replace it, the reasonable rate per unit of time and total cost thereof.

22. If loss of services is claimed, a general statement as to the services Plaintiff
has/have been deprived of, and for what length of time Plaintiff has/have been
deprived of those services.

23. Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
whether the Plaintiff has received, presently receive(s) or has applied to receive
Medicare benefits, including, but not limited to whether Plaintiff was/were, is/are
or will be or has received any benefits under Medicare Part C.

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24. Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
whether Plaintiff has/have a Medicare card and/or a health insurance claim
number.

25. Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
whether Plaintiff has/have been receiving Social Security Disability Insurance
(SSDI) benefits for 24 months.

26. Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
whether Plaintiff is/are suffering from end stage renal failure or ALS disease
(Amyotrophic Lateral Sclerosis).

27. State whether Plaintiff received any APIP (Additional Personal Injury Protection)
benefits. If so, set forth: (i) the name, address and claim/file number of the
insurer providing such benefits; and (ii) the amount of APIP benefits received.

28. State whether Plaintiff received any medical or healthcare benefits from any
source which has made claim for repayment or reimbursement and/or asserted any
lien or subrogation right, under ERISA. If so, state (i) the name, address and
claim/file number of such benefit provider; (ii) the amount of benefits received by
Plaintiff(s); and (iii) the amount of repayment or reimbursement sought by such
benefit provider.

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PLEASE TAKE FURTHER NOTICE, that in case of your failure to serve said Bill of

Particulars as demanded, we will move for an Order precluding the Plaintiff from giving any

evidence at the trial of this action concerning the matter contained in said terms.

DATED: Nanuet, NY
January 25, 2022

Respectfully submitted,

TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017
JOCATENA HARGROVE

Plaintiff, DEMAND FOR SPECIFIC
RELIEF REQUESTED
-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE that pursuant to CPLR 3017(c), the Defendant(s), hereby

demand(s) that you furnish to the attorneys for the Defendant(s), within fifteen (15) days of the

receipt of this notice, a statement setting forth the specific and total amount of monetary damages

sought by the Plaintiff(s). In the event that the aforementioned information is not provided in the

time period set forth in this notice, an appropriate motion for relief will be made to the Court

seeking compliance together with the costs and disbursements allowed by law.

DATED: Nanuet, NY
January 25, 2022
Respectfully submitted,

TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017

JOCATENA HARGROVE COMBINED DEMAND

Plaintiff,

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101, and Rule 3102,

Plaintiff(s), Jocatena Hargrove, is/are hereby called upon to produce, at the office of the

undersigned, LAW OFFICES OF JENNIFER S. ADAMS, One Executive Boulevard, Suite 280.

Yonkers, NY, 10701 on February 24, 2022 at 2:00 p.m., the following: All written reports of the

accident prepared in the regular course of business operations or practices of any person, firm,

corporation, association or other public or private entity.

1. All written reports of the accident prepared in the regular course of business
operations or practices of every party you represent.

2. The name and address of each person claimed by any party you represent to be a

witness to:

a. The occurrence alleged in the Complaint;

b. Any act, omission, or condition which caused the occurrence alleged in
the Complaint;

c. Any actual notice allegedly given to Defendant(s);

d. The nature and duration of any condition which it will be claimed caused
the occurrence alleged in the Complaint;

e. Any fact bearing on any of the liability issues in this case;

f. To the plaintiff(s)’ injuries and/or the plaintiff(s)’ damage(s) which form
the basis for this action.

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3. Each and every statement made by or taken from each party represented by the
undersigned, or the agents, servants or employees of said party, now in your
possession, custody or control, or in the possession, custody or control of any
party you represent in this action, if such statement in any manner bears on the
issues in this action.

4. All photographs in the possession, custody and control of any party you represent
or their representative, showing the place of the occurrence as it existed on the
date of the accident.

5. All photographs in the possession, custody or control of any party you represent
or their representatives, depicting the injuries sustained by Plaintiff(s).

6. All photographs in the possession, custody and control of any party you represent
or their representatives, depicting the damage sustained by any vehicle involved.

7. Set forth the amount of any insurance covering the answering party including
excess or umbrella policies. Also, provide a copy of the declarations page of any
applicable policy.

8. The name and address of each and every person whom you expect to call as an
expert witness at trial.

9. Set forth the qualifications of each such expert witness.

10. Set forth in reasonable detail the subject matter on which each such expert is
expected to testify.

11. Set forth the substance of the facts and opinions on which each such expert is
expected to testify, and a summary of the grounds for each expert's opinion.

12. A copy of any estimate of repair and/or bills for repairs of damages allegedly
sustained to any vehicle involved in the accident.

13. Pursuant to Rule 2013(e) of the CPLR, a list of those attorneys who have
appeared in this action, together with their addresses and the name of the party for
whom such attorney has appeared.

14. Copies of the medical reports of those physicians who have previously treated or
examined the party seeking recovery for the conditions claimed in this lawsuit.
These shall include a detailed recital of the injuries and conditions as to which
testimony will be offered at the trial, referring to and identifying those x rays and
technicians' reports which will be offered at the trial.

15. Copies of the medical reports of those physicians who will testify on behalf of the
party seeking recovery. These shall include a detailed recital of the injuries and
conditions as to which testimony will be offered at the trial, referring to and
identifying those x ray and technicians' reports which will be offered at the trial.

16. A copy of the Plaintiff’s driver's license.

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17. Plaintiff’s income tax returns for the calendar year of the occurrence and the two
preceding calendar years.

18. The name and address of Plaintiff’s employers and authorizations to secure
employment records from all of the Plaintiff’s employers during the calendar year
of the occurrence up to and including the present. Please include the location
address of demanded documents and release said records to: Law Offices of
Jennifer S. Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

19. Duly executed and acknowledge written authorizations permitting all parties to
obtain and make copies of all hospital records, and such other medical records
including x-ray and technician's reports as may be referred to and identified in the
statement of the examined party's physicians. Law Offices of Jennifer S. Adams,
1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

20. The name and address of any school attended by the Plaintiff during the calendar
year of the occurrence, and the calendar years subsequent to the occurrence up to
and including the present; and authorizations to secure the school records of any
of the aforementioned schools attended by the Plaintiff during the periods so
specified. Law Offices of Jennifer S. Adams, 1 Executive Boulevard, Ste. 280,
Yonkers, NY 10701

21. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s No-Fault file. Law Offices of Jennifer S.
Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

22. Provide a copy of the receipt for the purchase of the index number.

23. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s Worker's Compensation file. Law
Offices of Jennifer S. Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY
10701

24. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s New York Disability file. Law Offices of
Jennifer S. Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

25. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s Social Security file. Law Offices of
Jennifer S. Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

26. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s primary care physician. Law Offices of
Jennifer S. Adams, 1 Executive Boulevard, Ste. 280, Yonkers, NY 10701

If no such witnesses are known, or no such statement or photographs are in your

possession, custody or control, please so state in the reply to this Demand.

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PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and you are

required to furnish to the undersigned the names of any witnesses obtained in the future.

PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to the

testimony of any witnesses not so identified or the use of any photograph or statement not

furnished pursuant to this Demand.

PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and the

undersigned will object at trial to the introduction of any expert testimony the details of which

have not been furnished as requested herein.

DATED: Nanuet, NY
January 25, 2022

Respectfully submitted,

TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017

JOCATENA HARGROVE NOTICE TO TAKE
DEPOSITION
Plaintiff,

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and

Rules, the testimony, upon oral examination of all adverse parties to 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: Place and Date to be determined at

10:00 o'clock in the forenoon of that day with respect to evidence and material necessary in the

defense of this action:

All of the relevant facts and circumstances in connection with the accident which

occurred on 4/1/2021, including negligence, contributory negligence, liability and damages.

That the said person to be examined is required to produce at such examination the

following:

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ANY AND ALL RELEVANT DOCUMENTS INCLUDING
ACCIDENT REPORTS, MEMORANDUMS, BOOKS, RECORDS
AND PHOTOGRAPHS RELATING TO SAID ACCIDENT

DATED: Nanuet, NY
January 25, 2022

Respectfully submitted,

___________________________
Thomas R. Mazzaro, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Darin Jackson and Brianna A. Vellone
One Executive Boulevard, Suite 280
Yonkers, NY 10701
Telephone: (716) 810-1320
Our File No.: 215672121-001
TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017

JOCATENA HARGROVE NOTICE FOR INDEPENDENT
MEDICAL EXAMINATION
Plaintiff,

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE, that pursuant to CPLR 2132(a) and Section 202.17(a) and (b)

of the Uniform Rules, the defendant, Darin Jackson and Brianna A. Vellone, requests that the

plaintiff appear for an Independent Medical Examination. The examination shall be conducted

by a doctor selected by the defendant at a date and time to be noticed.

Fees for no-shows, cancellations, and non-compliance with this notice are the

responsibility of the plaintiff.

PLEASE TAKE FURTHER NOTICE, that the plaintiff is to bring all x-rays, CAT scans,

MRIs and other diagnostic tests to this appointment OR provide current authorizations, including

full names and addresses of the providers, allowing Law Offices of Jennifer S. Adams and/or

Progressive to obtain plaintiff's films. Upon plaintiff's failure to timely comply with the

aforementioned demand, the defendant shall exercise her rights under the law, including, but not

limited to, preclusion of evidence at the trial of this action and refusal to conduct the examination

on that date. No report will be forwarded until all records and diagnostic films are provided and

have been reviewed by the examining doctor.

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The examination will be conducted to the extent required by said doctor. Also, the

plaintiff is to bring a photo ID to the examination:

DATED: Nanuet, NY
January 25, 2022

Respectfully submitted,

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017

JOCATENA HARGROVE DEMAND PURSUANT TO
CPLR 306A & 306B
Plaintiff,

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE that pursuant to CPLR 306-A and 306-B, demand is hereby

made upon the Plaintiff to furnish proof that the Summons and Complaint or Summons with

Notice were filed with the Court prior to service. In addition, Plaintiff is/are required to provide a

copy of the receipt for purchase of the index number.

DATED: Nanuet, NY
January 25, 2022

Respectfully submitted,

TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Index No.: 2021-55017
JOCATENA HARGROVE

Plaintiff, CPLR 2103 NOTICE

-against-

DARIN JACKSON and BRIANNA A. VELLONE,

Defendants.

PLEASE TAKE NOTICE that Defendants, by their attorneys, LAW OFFICES OF

JENNIFER S. ADAMS, hereby serve notice upon you pursuant to Rule 2103 of the Civil

Practice Law & Rules that he expressly rejects service of papers in this matter upon him by

electronic means.

PLEASE TAKE FURTHER NOTICE that the waiver of the foregoing may only be

effectuated by express prior written consent to such service by LAW OFFICES OF JENNIFER

S. ADAMS.

DATED: Nanuet, NY
January 25, 2022
Respectfully submitted,

___________________________
Thomas R. Mazzaro, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Darin Jackson and Brianna A. Vellone
One Executive Boulevard, Suite 280
Yonkers, NY 10701
Telephone: (716) 810-1320
Our File No.: 215672121-001TO:
TO:
Sobo & Sobo, LLP
Samantha Samradli, Esq.
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626/(845) 343-0929 (F)

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LAW OFFICES OF JENNIFER S. ADAMS

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Christi J Acker Track Judge’s New Case

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Document Filed Date

January 25, 2022

Case Filing Date

December 21, 2021

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Document for Jocatena Hargrove v. Darian Jackson, Brianna A. Vellone

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