Preview
FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________ . . .....................------- X
GLORIA DEL CARMEN CABRERA, DEMAND FOR A
VERIFIED BILL OF
Plaintiff, PARTICULARS
-against- Index No. 611420/2021
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
_______________________ _____,---- X
PLEASE TAKE NOTICE that you are hereby required to serve the following particulars of
each Plaintiff's alleged causes of action herein within twenty (20) days from the date of service
hereof:
1. Set forth the full name of Plaintiff and any and all names by which Plaintiff has ever
been known, including, but, not limited to, a Maiden Name.
2. Set forth the date, place of birth and Social Security Number of Plaintiff.
3. Set forth the address of Plaintiff at time of the alleged accident and at present.
4. The date and approximate time of day of the occurrence.
5. Set forth the part or portion of the premises where the accident is alleged to have
occurred, giving the Floor Number and the location thereon, so as to be readily identified;
and, Street Floor or Ground Floor to be ecñsidered the First Floor.
6. If the occurrence took place upon a stairway, set forth the location of the stairway in
the premises, stating between what floors situated; and, also the particular step on said
stairway, counting from the bottom or top thereof.
7. If the accident happened on the sidewalk, lot or roadway:
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a. State with specificity, the distance from the nearest
intersection and from the curb and building line to the
accident site.
b. If Plaintiff claims improper repair or failure to repair, state
with specificity any and all items in need of repair, indicating
which were improperly repaired and which and/or in what
way there was a failure to repair.
c. If Plaintiff claims improper snow removal or failure to
remove, state with specificity in what way was there
improper snow removal and/or failure to remove snow.
d. If the accident happened before or after rain or snow, state
when the last precipitation fell and/or if it was continuing at
the time of the accident.
e. When the accident happened, had snow removal already
taken place.
8. If the occurrence took place within the premises where Plaintiff did not have her place
of residence, business or employment, state whether the Plaintiff claim to be a visitor
and, ifso, set forth the Number of the apartment or suite which Plaintiff was visiting, the
name of the occupant thereof and the purpose of the visit.
9. If the accident involved an elevator:
a. Identify the particular elevator by building Elevator Number,
New York City Elevator Number, or other identification
number or if same is not known, identify said elevator with
specificity by any other means.
b. State whether the Plaintiffs were entering or leaving and on
what Floor itoccurred.
c. State the speed the elevator was moving at when the accident
occurred.
d. To the best of Plaintiff's knowledge, when the elevator was
last inspected, repaired or serviced.
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10. Set forth, with specificity, and all acts or nmiccinns the negligence
any constituting
claimed as against each defendant.
11. If Actual Notice is claimed, set forth the name of the person to whom Notice is
claimed to have been given, whether Notice was written or oral, the date Notice was
given and, if written, attach a copy.
12. If it isclaimed that negligent repairs were made, state when, where, and by whom on
behalf of each defendant they were made and in what respect such repairs were
negligently performed.
13. If Constructive Notice is claimed for how long a time (in minutes, hours, days, weeks,
etc., as nearly as may be stated) did the condition exist before the occurrêñce.
14. What Ordinañces, Regulations and Statutes do Plaintiffs claim each defendant
violated.
15. Describe the injuries sustained by Plaintiff, indicating the exact location, nature,
extent and duration of each injury, their sequelae, indicating which of those injuries are
claimed to be permanent.
16. State whether said Plaintiff claims any limitation of motion, loss of use or loss of
function as a result of the injuries alleged and, if so, state the nature, extent and degree of
permanency thereof.
17. Set forth the names and addresses of all hospitals where Plaintiff was treated or
confined as a result of the accident and state the length of time said Plaintiff was treated
or confined in said hospitals, together with the dates of admission and discharge
following the accident.
18. State Plaintiffs occupation and the name and address of Plaintiff's employers:
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
At the time of the accident;
At the present time; and/or,
if Plaintiff was/is self-employed and/or engaged in some other pursuit, so state and give the
address of such employment and/or pursuit.
19. If Plaintiff is/was a student, state the names and addresses of the schools attended:
a. On the date of the accident; and,
b. At present.
20. State the length of time, giving specific dates said Plaintiff was incapacitated from
employment, school attendance and/or from attending to his usual duties and
vocation; and, the amount of earnings or wages claimed to have been lost and the rate
of wage or basis of remuneration received by the Plaintiff.
21. State the length of time Plaintiff claims she was:
a. Totally disabled;
b. Partially disabled; and,
c. Unable to pursue his usual occupation.
22. Set forth the amounts claimed to have been sustained as special damages for:
Physicians'
• Services;
• Medical supplies, Appliances;
including
• Hospital expenses;
Nurses'
• Services;
• X-rays, CT Scans, MRI Scans and other Diagnostic
Testing Expenses;
• Lost Wages;
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
• Loss of Income; and,
• All other Items of Special Damages claimed.
23. State the amounts earned by said Plaintiff for two (2) years prior to this accident,
giving the name and address of each employer during said years and the amount earñéd from
each employer.
PLEASE TAKE FURTHER NOTICE that, in the event you fail to furnish said Bill of
Particulars within said period of twenty (20) days, a Motion will be made for an Order
Precluding Plaintiff from offering any evidence at the Trial of the above Action for which
particulars have not been furnished.
Dated: Elmsford, New York
December 10, 2021 Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By:
J N A. RISI, ESQ.
tt rneys for Defendant
OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
5th
555 Taxter Road, FlOOT
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
TO:
ROBERT K. YOUNG and ASSOCIATES, P.C.
Attorney for Plaintiff
GLORIA DEL CARMEN CABRERA
2284 Babylon Turnpike
Merrick, New York 11566
(516) 826-8938
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
AHMUTY, DEMERS and McMANUS, ESQS.
Attorney for Defendant
PETCO HEALTH AND WELLNESS COMPANY, INC.
199 Water Street
16th
PlOOT
New York, New York 10038
(212) 513-7788
No Appearance:
PETSTA, LLC
Defendant
111 East Jericho Turnpike
Second Floor
Mineola, New York 11501
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
GLORIA DEL CARMEN CABRERA, INITIAL COMBINED
DISCOVERY DEMANDS
Plaintiff,
-against- Index No. 611420/2021
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
------------------------------
X
PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to
serve upon and deliver to the undersigned and all other parties to this action, the following:
1. Copies of affidavits and/or affirmations and all other proofs as to the service of
process of the Summons and Verified Complaiñt upon the Defendant, OFFICE SUPERSTORE
EAST, LLC, i/s/h/a STAPLES, INC.
2. If a Plaintiff is self-employed or obtains income from sources other than
employmcñt, submit copies of Plaintiffs income tax returns for a three (3) year period preceding
the date of the accident as set forth in the Verified Complaint.
3. Duly executed and acknowledged original authorizations permitting the
undersigned to obtain and copy no-fault medical and wage records for each Plaintiff for the
period from the date of occurrence to the present.
4. If a claim has or will be made pursuant to the terms of Article XVIII of the
Insurance Law of the State of New York (No-Fault Law), with respect to each and every
Application:
A. Set forth the name, address, Policy Number and Claim Number of each
company to which a claim has been or will be made;
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
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B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the Plaintiff
"4.A."
from each company identified in the response to Paragraph
Workers'
5. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every Application:
A. Set forth the name, address, policy number and claim number to which a
Workers'
claim has been or will be made, together with the Compensation
Board filenumber;
B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the Plaintiff
"5.A."
from each company identified in the response to Paragraph
6. If a disability claim has or will be made pursuant to the terms of the Social
Security Law, with respect to each and every Application:
A. Set forth the claim office, the address and the Claim Number assigned;
B. Set forth duly executed and acknowledged written authorizations
permitting the undersigned to obtain the records relating to the Plaintiff.
7. Pursuant to CPLR §4545(c) produce and permit the undersigned attorneys to
inspect and copy the contents of:
A. Each and every collateral source of payment, including but, not limited
Workers'
to, Insurañce Agreements, Social Security, Compeñsation or
employee benefit programs, and any other collateral source of payment
for past or future costs or expenses alleged to have been incurred by the
Plaintiff and for which recovery is sought in the Instant Action;
B. A written statement
setting forth any such collateral sources and their
amounts; and,
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
C. Duly executed and acknowledged written authorizations permitting the
undersigned to obtain and make copies of all records relating to collateral
source information as set forth herein.
8. Duly executed and acknowledged original authorizations permitting the
undersigned to obtain and copy:
A. Employment records for three years prior to the date
of accident to present; and,
B. Union records for three years prior to the date of
accident to present.
PLEASE TAKE FURTHER NOTICE that the within Demands are contim1ing
Demands. In the event any of the above items are obtained after service of this Demand, they are
to be furnished to this office upon receipt.
Dated: Elmsford, New York
December 10, 2021 Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By:
N A. RISI, ESQ.
A orneys for Defendant
FICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
5th
555 Taxter Road, FlOOr
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
TO:
ROBERT K. YOUNG and ASSOCIATES, P.C.
Attorney for Plaintiff
GLORIA DEL CARMEN CABRERA
2284 Babylon Turnpike
Merrick, New York 11566
(516) 826-8938
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
AHMUTY, DEMERS and McMANUS, ESQS.
Attorney for Defendant
PETCO HEALTH AND WELLNESS COMPANY, INC.
199 Water Street
16th
Floor
New York, New York 10038
(212) 513-7788
No Apoearance:
PETSTA, LLC
Defendant
111 East Jericho Turnpike
Second Floor
Mineola, New York 11501
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
GLORIA DEL CARMEN CABRERA, DEMAND FOR
MEDICAL RECORDS
Plaintiff,
-against- Index No. 611420/2021
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
.........
. ____... .........
. ...__....... __.................... ... ..X
PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to
serve upon and deliver to the undersigned and allother parties to this Action, the following:
1. Duly executed and acknowledged written authorizations permitting
PILLINGER MILLER TARALLO, LLP to obtain and make copies of allrecords from any and
allof the following:
..
A. Hospitals;
B. Treating and Examining Physicians;
C. Therapists;
D. Nursing Services;
E. Emergency Medical Service;
F. Pharmacies; and,
G. All Other Health Care Providers.
and all such records (concerning not only the injuries alleged in this action, but also all prior and
subsequent injuries to and/or affecting the same parts of the body) are to include, but are not
limited to:
• Handwritten and typed chart entries and handwritten and typed office and
other notes, including, but, not limited to, the patient's history, admittance,
treatmento procedures, discharge, and Bills as to Plaintiff;
• and other radiographic such as CT scan and and
X-ray tests, MRI,
Technician Reports;
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• Test records, all tests, the results of which treatment
including laboratory
and/or care was rendered to each Plaintiff concerning injuries alleged.
2. Copies of the detailed, written reports of examining and/or treating physicians
physicians'
and/or other health care providers setting out, inter alia, said and/or health care
providers'
findings and conclusions, including a detailed recital of the injuries and conditions as
to which testimony will be offered at Trial, and referring to and identifying those x-rays, CT and
technicians'
MRI scans, laboratory tests, and reports that will be offered at Trial.
PLEASE TAKE NOTICE that an authorization form is attached and we suggest you
"C-542,"
photocopy and have Plaintiff duly execute. If you use Blumberg Form please cross out
Report" x-
the words "Medical and substitute "medical records, including CT scans, MRI scans,
reports."
ray film, office notes, and technician and test
PLEASE TAKE FURTHER NOTICE that the above Demands are deemed continuous
and that, upon further Discovery, Plaintiff must comply with said Demands.
Dated: Elmsford, New York
December 10, 2021 Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By:
N A. RISI, ESQ.
orneys for Defendant
OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
5th
555 Taxter Road, FlOOr
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
TO:
ROBERT K. YOUNG and ASSOCIATES, P.C.
Attorney for Plaintiff
GLORIA DEL CARMEN CABRERA
2284 Babylon Turnpike
Merrick, New York 11566
(516) 826-8938
AHMUTY, DEMERS and McMANUS, ESQS.
Attorney for Defendant
PETCO HEALTH AND WELLNESS COMPANY, INC.
199 Water Street
16th
FlOOr
New York, New York 10038
(212) 513-7788
No Apnearance:
PETSTA, LLC
Defendant
111 East Jericho Turnpike
Second Floor
Mineola, New York 11501
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FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
LIMITED AUTHORIZATION FOR RELEASE AND DISCLOSURE OF HEALTH INFORMATION
The name or other
specifici&ntificxinnof the person(s)
or class of
personsauthorizedto make the requesteddisclesüreis:
TO:
PATIENT NAME :
DATE OF BIRTH :
SOCIAL SECURITY NO. :
DATE OF ACCIDENT :
I authorizethe above-named iñdividualor organizatiGLto disclosethe above-named patient's
health infnrmatianas described
below to the following
recipients:
forthe purposeof LITIGATION.
This authorizationislimited,however, tothe thrnichingof existingrecordsonly and is notto be construedas an authorization
permitting you to prepare writtenreports or orallydiscuss,disclose orrender any opinions mn=ning any records,health
informationor prognosis tothe 2===~1 patientwith the attomeyswho are requesting
thoserecords or anyone
relating acting
on behalfof those attorneys.Further,thisauthorizationdoes notpermit you tofurnish any recordsconcerning conversationsor
communications with the above-named patient'sat:Grñcys,or theirscpmst£tives, or to orallydiscuss or disclose such
conversationsor communications.
The type and amount ofinferrñationto be used or disclosed
is as follow:
The complete medical record/chartof theabove-named patientand allmaterialsor informatian,includingbut not limitedtoall
physicians' surgeons'
medical records,hospitalrecords, records, records,censultation
records,operativereports,physicaltherapy
and other therapyrecords; x-ray,CT scan,MRI, PET scan and reportsor other diagnosticstudies;laboratoryreports;patient
information and historyquestleññ£irc;physicalsand history;dischargesummary; progress notes;prescriptionsand medication
nurses'
records; notes;psychotherapy notes,correspondence; consentfortreatment;statementsfor services
rendered; orany other
materials(whether written orstored,created or --sistsisedinany other form) relatingor pertainingtothis patient,
including
documents and recordsreceived from or that
were createdby anotherprovider.
I understandthatthe informationin thepatient'shealthrecord may include iñArmatioñ relatingtosexually transmined disease,
acquired
i¬- syndrome orhuman
iency (AIDS) immunodeficiency virus(HIV). Itmay also includeinformation about
behavioralor mentalhealthservicesor ticstscñtforalcoholor drugabuse.
This authorizationshallremain in full
forceand effect
untilit expires
one yearfrom the date set forth
below.
I understandthatI havethe right
to revokethisauthorizationat any time.I understand
thatifI revokethis I must
authorization, do
so inwriting by sendingor presentingmy writtenrevocationto the PrivacyContact of thehealthcareprovider named above. I
understand thatthe rcvecatienof thissutharization
will not applyto theextent thatthe healthcan providerhas taken actionin
reliancethereon;ofit the authorization
was obtainedas a cGñditicsofe ininginsurancecoverage, otherlaw providesthe insurer
with the right
tocontesta claimunder the policy
or the policy
itself.
I understandthatâüth6riziñgthe disclosureofthishealthcare informationis voluntary.I can refuse
to signthisauthorization.I
need notsign this
form in orderto assure treatmcñt.
I understandthatI mayinspector copy the irifnrmation
to be used or disclósed
as providedin 45 CAR 164.524. I üñdcrstand
that any disclosure
of informationcarrieswith itthe potential
foran üñaütharized
re-disclosarc
of thepatient'shealthinformation bythe recipient,
resultinginthe healthinirm2ticñ no longer beingprotectedby
Federalor State cor fideñtiality
rules.
Dated:
Patient:
STATE OF NEW YORK )
ss.:
COUNTYOF )
On the _ day of , 2022,before me perscñallycame and appeared , tome
individus'
known and known to me to be the describedin and who executedthe Tùregsha instrument,and who duly ackñc-cc!:dged
torne the execution
thereof.
NOTARY PUBLIC
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
GLORIA DEL CARMEN CABRERA,
DEMAND FOR
PHOTOGRAPHS
Plaintiff,
-against- Index No. 611420/2021
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
_............ . ... ....... . .. ...-
-----------------------------X
PLEASE TAKE NOTICE that, pursuant to the applicable portions of the CPLR, you
are hereby required to produce for inspection and photocopying any and all photographs
depicting:
1. The scene of the accident.
2. The vehicles involved in the incident both before and after (ifapplicable).
3. Any bodily injuries alleged to have been suffered by Plaintiff (if applicable).
4. Any property damage alleged to have been suffered by Plaintiff (ifapplicable).
5. The instrumêñtality which caused the damages (ifapplicable).
Said production is to take place at the offices of PILLINGER MILLER TARALLO, LLP,
5th
555 Taxter Road, Floor, Elmsford, New York 10523, on January 5, 2022, at 2:00 o'clock in
the afternoon.
PLEASE TAKE FURTHER NOTICE that legible photocopies received at this office
on or before the date specified above will be deemed acceptable.
PLEASE TAKE FURTHER NOTICE that the undersigned reserves the right to
Demañd duplicate prints of photographs, the reasonable cost of which will be borne by
undersigned.
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PLEASE TAKE FURTHER NOTICE that if you are in possession of now, or
subsequent to the date of this Demand, come into possession of video, movie, or any other type
of television or electronic media produced photographs of either the scene, the vehicle, the
Plaintiff, property damage, or instrumentality, Demand is made for the production thereof at the
offices of PILLINGER MILLER TARALLO, LLP
Dated: Elmsford, New York
December 10, 2021 Yours, etc.,
PILLINGER MILLER TARALLO, LLP
N A. RISI, ESQ.
rneys for Defendant
ICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
5th
Preview
FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________ . . .....................------- X GLORIA DEL CARMEN CABRERA, DEMAND FOR A VERIFIED BILL OF Plaintiff, PARTICULARS -against- Index No. 611420/2021 PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. _______________________ _____,---- X PLEASE TAKE NOTICE that you are hereby required to serve the following particulars of each Plaintiff's alleged causes of action herein within twenty (20) days from the date of service hereof: 1. Set forth the full name of Plaintiff and any and all names by which Plaintiff has ever been known, including, but, not limited to, a Maiden Name. 2. Set forth the date, place of birth and Social Security Number of Plaintiff. 3. Set forth the address of Plaintiff at time of the alleged accident and at present. 4. The date and approximate time of day of the occurrence. 5. Set forth the part or portion of the premises where the accident is alleged to have occurred, giving the Floor Number and the location thereon, so as to be readily identified; and, Street Floor or Ground Floor to be ecñsidered the First Floor. 6. If the occurrence took place upon a stairway, set forth the location of the stairway in the premises, stating between what floors situated; and, also the particular step on said stairway, counting from the bottom or top thereof. 7. If the accident happened on the sidewalk, lot or roadway: 1 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 a. State with specificity, the distance from the nearest intersection and from the curb and building line to the accident site. b. If Plaintiff claims improper repair or failure to repair, state with specificity any and all items in need of repair, indicating which were improperly repaired and which and/or in what way there was a failure to repair. c. If Plaintiff claims improper snow removal or failure to remove, state with specificity in what way was there improper snow removal and/or failure to remove snow. d. If the accident happened before or after rain or snow, state when the last precipitation fell and/or if it was continuing at the time of the accident. e. When the accident happened, had snow removal already taken place. 8. If the occurrence took place within the premises where Plaintiff did not have her place of residence, business or employment, state whether the Plaintiff claim to be a visitor and, ifso, set forth the Number of the apartment or suite which Plaintiff was visiting, the name of the occupant thereof and the purpose of the visit. 9. If the accident involved an elevator: a. Identify the particular elevator by building Elevator Number, New York City Elevator Number, or other identification number or if same is not known, identify said elevator with specificity by any other means. b. State whether the Plaintiffs were entering or leaving and on what Floor itoccurred. c. State the speed the elevator was moving at when the accident occurred. d. To the best of Plaintiff's knowledge, when the elevator was last inspected, repaired or serviced. 2 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 10. Set forth, with specificity, and all acts or nmiccinns the negligence any constituting claimed as against each defendant. 11. If Actual Notice is claimed, set forth the name of the person to whom Notice is claimed to have been given, whether Notice was written or oral, the date Notice was given and, if written, attach a copy. 12. If it isclaimed that negligent repairs were made, state when, where, and by whom on behalf of each defendant they were made and in what respect such repairs were negligently performed. 13. If Constructive Notice is claimed for how long a time (in minutes, hours, days, weeks, etc., as nearly as may be stated) did the condition exist before the occurrêñce. 14. What Ordinañces, Regulations and Statutes do Plaintiffs claim each defendant violated. 15. Describe the injuries sustained by Plaintiff, indicating the exact location, nature, extent and duration of each injury, their sequelae, indicating which of those injuries are claimed to be permanent. 16. State whether said Plaintiff claims any limitation of motion, loss of use or loss of function as a result of the injuries alleged and, if so, state the nature, extent and degree of permanency thereof. 17. Set forth the names and addresses of all hospitals where Plaintiff was treated or confined as a result of the accident and state the length of time said Plaintiff was treated or confined in said hospitals, together with the dates of admission and discharge following the accident. 18. State Plaintiffs occupation and the name and address of Plaintiff's employers: 3 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 At the time of the accident; At the present time; and/or, if Plaintiff was/is self-employed and/or engaged in some other pursuit, so state and give the address of such employment and/or pursuit. 19. If Plaintiff is/was a student, state the names and addresses of the schools attended: a. On the date of the accident; and, b. At present. 20. State the length of time, giving specific dates said Plaintiff was incapacitated from employment, school attendance and/or from attending to his usual duties and vocation; and, the amount of earnings or wages claimed to have been lost and the rate of wage or basis of remuneration received by the Plaintiff. 21. State the length of time Plaintiff claims she was: a. Totally disabled; b. Partially disabled; and, c. Unable to pursue his usual occupation. 22. Set forth the amounts claimed to have been sustained as special damages for: Physicians' • Services; • Medical supplies, Appliances; including • Hospital expenses; Nurses' • Services; • X-rays, CT Scans, MRI Scans and other Diagnostic Testing Expenses; • Lost Wages; 4 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 • Loss of Income; and, • All other Items of Special Damages claimed. 23. State the amounts earned by said Plaintiff for two (2) years prior to this accident, giving the name and address of each employer during said years and the amount earñéd from each employer. PLEASE TAKE FURTHER NOTICE that, in the event you fail to furnish said Bill of Particulars within said period of twenty (20) days, a Motion will be made for an Order Precluding Plaintiff from offering any evidence at the Trial of the above Action for which particulars have not been furnished. Dated: Elmsford, New York December 10, 2021 Yours, etc., PILLINGER MILLER TARALLO, LLP By: J N A. RISI, ESQ. tt rneys for Defendant OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 5th 555 Taxter Road, FlOOT Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR TO: ROBERT K. YOUNG and ASSOCIATES, P.C. Attorney for Plaintiff GLORIA DEL CARMEN CABRERA 2284 Babylon Turnpike Merrick, New York 11566 (516) 826-8938 5 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 AHMUTY, DEMERS and McMANUS, ESQS. Attorney for Defendant PETCO HEALTH AND WELLNESS COMPANY, INC. 199 Water Street 16th PlOOT New York, New York 10038 (212) 513-7788 No Appearance: PETSTA, LLC Defendant 111 East Jericho Turnpike Second Floor Mineola, New York 11501 6 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X GLORIA DEL CARMEN CABRERA, INITIAL COMBINED DISCOVERY DEMANDS Plaintiff, -against- Index No. 611420/2021 PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. ------------------------------ X PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to serve upon and deliver to the undersigned and all other parties to this action, the following: 1. Copies of affidavits and/or affirmations and all other proofs as to the service of process of the Summons and Verified Complaiñt upon the Defendant, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 2. If a Plaintiff is self-employed or obtains income from sources other than employmcñt, submit copies of Plaintiffs income tax returns for a three (3) year period preceding the date of the accident as set forth in the Verified Complaint. 3. Duly executed and acknowledged original authorizations permitting the undersigned to obtain and copy no-fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 4. If a claim has or will be made pursuant to the terms of Article XVIII of the Insurance Law of the State of New York (No-Fault Law), with respect to each and every Application: A. Set forth the name, address, Policy Number and Claim Number of each company to which a claim has been or will be made; 7 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 B. Set forth duly executed and acknowledged written authorizations permitting the undersigned to obtain the records relating to the Plaintiff "4.A." from each company identified in the response to Paragraph Workers' 5. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to each and every Application: A. Set forth the name, address, policy number and claim number to which a Workers' claim has been or will be made, together with the Compensation Board filenumber; B. Set forth duly executed and acknowledged written authorizations permitting the undersigned to obtain the records relating to the Plaintiff "5.A." from each company identified in the response to Paragraph 6. If a disability claim has or will be made pursuant to the terms of the Social Security Law, with respect to each and every Application: A. Set forth the claim office, the address and the Claim Number assigned; B. Set forth duly executed and acknowledged written authorizations permitting the undersigned to obtain the records relating to the Plaintiff. 7. Pursuant to CPLR §4545(c) produce and permit the undersigned attorneys to inspect and copy the contents of: A. Each and every collateral source of payment, including but, not limited Workers' to, Insurañce Agreements, Social Security, Compeñsation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiff and for which recovery is sought in the Instant Action; B. A written statement setting forth any such collateral sources and their amounts; and, 8 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 C. Duly executed and acknowledged written authorizations permitting the undersigned to obtain and make copies of all records relating to collateral source information as set forth herein. 8. Duly executed and acknowledged original authorizations permitting the undersigned to obtain and copy: A. Employment records for three years prior to the date of accident to present; and, B. Union records for three years prior to the date of accident to present. PLEASE TAKE FURTHER NOTICE that the within Demands are contim1ing Demands. In the event any of the above items are obtained after service of this Demand, they are to be furnished to this office upon receipt. Dated: Elmsford, New York December 10, 2021 Yours, etc., PILLINGER MILLER TARALLO, LLP By: N A. RISI, ESQ. A orneys for Defendant FICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 5th 555 Taxter Road, FlOOr Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR TO: ROBERT K. YOUNG and ASSOCIATES, P.C. Attorney for Plaintiff GLORIA DEL CARMEN CABRERA 2284 Babylon Turnpike Merrick, New York 11566 (516) 826-8938 9 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 AHMUTY, DEMERS and McMANUS, ESQS. Attorney for Defendant PETCO HEALTH AND WELLNESS COMPANY, INC. 199 Water Street 16th Floor New York, New York 10038 (212) 513-7788 No Apoearance: PETSTA, LLC Defendant 111 East Jericho Turnpike Second Floor Mineola, New York 11501 10 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X GLORIA DEL CARMEN CABRERA, DEMAND FOR MEDICAL RECORDS Plaintiff, -against- Index No. 611420/2021 PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. ......... . ____... ......... . ...__....... __.................... ... ..X PLEASE TAKE NOTICE that, pursuant to the rules of this Court, you are required to serve upon and deliver to the undersigned and allother parties to this Action, the following: 1. Duly executed and acknowledged written authorizations permitting PILLINGER MILLER TARALLO, LLP to obtain and make copies of allrecords from any and allof the following: .. A. Hospitals; B. Treating and Examining Physicians; C. Therapists; D. Nursing Services; E. Emergency Medical Service; F. Pharmacies; and, G. All Other Health Care Providers. and all such records (concerning not only the injuries alleged in this action, but also all prior and subsequent injuries to and/or affecting the same parts of the body) are to include, but are not limited to: • Handwritten and typed chart entries and handwritten and typed office and other notes, including, but, not limited to, the patient's history, admittance, treatmento procedures, discharge, and Bills as to Plaintiff; • and other radiographic such as CT scan and and X-ray tests, MRI, Technician Reports; 11 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 • Test records, all tests, the results of which treatment including laboratory and/or care was rendered to each Plaintiff concerning injuries alleged. 2. Copies of the detailed, written reports of examining and/or treating physicians physicians' and/or other health care providers setting out, inter alia, said and/or health care providers' findings and conclusions, including a detailed recital of the injuries and conditions as to which testimony will be offered at Trial, and referring to and identifying those x-rays, CT and technicians' MRI scans, laboratory tests, and reports that will be offered at Trial. PLEASE TAKE NOTICE that an authorization form is attached and we suggest you "C-542," photocopy and have Plaintiff duly execute. If you use Blumberg Form please cross out Report" x- the words "Medical and substitute "medical records, including CT scans, MRI scans, reports." ray film, office notes, and technician and test PLEASE TAKE FURTHER NOTICE that the above Demands are deemed continuous and that, upon further Discovery, Plaintiff must comply with said Demands. Dated: Elmsford, New York December 10, 2021 Yours, etc., PILLINGER MILLER TARALLO, LLP By: N A. RISI, ESQ. orneys for Defendant OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 5th 555 Taxter Road, FlOOr Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR 12 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 TO: ROBERT K. YOUNG and ASSOCIATES, P.C. Attorney for Plaintiff GLORIA DEL CARMEN CABRERA 2284 Babylon Turnpike Merrick, New York 11566 (516) 826-8938 AHMUTY, DEMERS and McMANUS, ESQS. Attorney for Defendant PETCO HEALTH AND WELLNESS COMPANY, INC. 199 Water Street 16th FlOOr New York, New York 10038 (212) 513-7788 No Apnearance: PETSTA, LLC Defendant 111 East Jericho Turnpike Second Floor Mineola, New York 11501 13 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 LIMITED AUTHORIZATION FOR RELEASE AND DISCLOSURE OF HEALTH INFORMATION The name or other specifici&ntificxinnof the person(s) or class of personsauthorizedto make the requesteddisclesüreis: TO: PATIENT NAME : DATE OF BIRTH : SOCIAL SECURITY NO. : DATE OF ACCIDENT : I authorizethe above-named iñdividualor organizatiGLto disclosethe above-named patient's health infnrmatianas described below to the following recipients: forthe purposeof LITIGATION. This authorizationislimited,however, tothe thrnichingof existingrecordsonly and is notto be construedas an authorization permitting you to prepare writtenreports or orallydiscuss,disclose orrender any opinions mn=ning any records,health informationor prognosis tothe 2===~1 patientwith the attomeyswho are requesting thoserecords or anyone relating acting on behalfof those attorneys.Further,thisauthorizationdoes notpermit you tofurnish any recordsconcerning conversationsor communications with the above-named patient'sat:Grñcys,or theirscpmst£tives, or to orallydiscuss or disclose such conversationsor communications. The type and amount ofinferrñationto be used or disclosed is as follow: The complete medical record/chartof theabove-named patientand allmaterialsor informatian,includingbut not limitedtoall physicians' surgeons' medical records,hospitalrecords, records, records,censultation records,operativereports,physicaltherapy and other therapyrecords; x-ray,CT scan,MRI, PET scan and reportsor other diagnosticstudies;laboratoryreports;patient information and historyquestleññ£irc;physicalsand history;dischargesummary; progress notes;prescriptionsand medication nurses' records; notes;psychotherapy notes,correspondence; consentfortreatment;statementsfor services rendered; orany other materials(whether written orstored,created or --sistsisedinany other form) relatingor pertainingtothis patient, including documents and recordsreceived from or that were createdby anotherprovider. I understandthatthe informationin thepatient'shealthrecord may include iñArmatioñ relatingtosexually transmined disease, acquired i¬- syndrome orhuman iency (AIDS) immunodeficiency virus(HIV). Itmay also includeinformation about behavioralor mentalhealthservicesor ticstscñtforalcoholor drugabuse. This authorizationshallremain in full forceand effect untilit expires one yearfrom the date set forth below. I understandthatI havethe right to revokethisauthorizationat any time.I understand thatifI revokethis I must authorization, do so inwriting by sendingor presentingmy writtenrevocationto the PrivacyContact of thehealthcareprovider named above. I understand thatthe rcvecatienof thissutharization will not applyto theextent thatthe healthcan providerhas taken actionin reliancethereon;ofit the authorization was obtainedas a cGñditicsofe ininginsurancecoverage, otherlaw providesthe insurer with the right tocontesta claimunder the policy or the policy itself. I understandthatâüth6riziñgthe disclosureofthishealthcare informationis voluntary.I can refuse to signthisauthorization.I need notsign this form in orderto assure treatmcñt. I understandthatI mayinspector copy the irifnrmation to be used or disclósed as providedin 45 CAR 164.524. I üñdcrstand that any disclosure of informationcarrieswith itthe potential foran üñaütharized re-disclosarc of thepatient'shealthinformation bythe recipient, resultinginthe healthinirm2ticñ no longer beingprotectedby Federalor State cor fideñtiality rules. Dated: Patient: STATE OF NEW YORK ) ss.: COUNTYOF ) On the _ day of , 2022,before me perscñallycame and appeared , tome individus' known and known to me to be the describedin and who executedthe Tùregsha instrument,and who duly ackñc-cc!:dged torne the execution thereof. NOTARY PUBLIC 14 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X GLORIA DEL CARMEN CABRERA, DEMAND FOR PHOTOGRAPHS Plaintiff, -against- Index No. 611420/2021 PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. _............ . ... ....... . .. ...- -----------------------------X PLEASE TAKE NOTICE that, pursuant to the applicable portions of the CPLR, you are hereby required to produce for inspection and photocopying any and all photographs depicting: 1. The scene of the accident. 2. The vehicles involved in the incident both before and after (ifapplicable). 3. Any bodily injuries alleged to have been suffered by Plaintiff (if applicable). 4. Any property damage alleged to have been suffered by Plaintiff (ifapplicable). 5. The instrumêñtality which caused the damages (ifapplicable). Said production is to take place at the offices of PILLINGER MILLER TARALLO, LLP, 5th 555 Taxter Road, Floor, Elmsford, New York 10523, on January 5, 2022, at 2:00 o'clock in the afternoon. PLEASE TAKE FURTHER NOTICE that legible photocopies received at this office on or before the date specified above will be deemed acceptable. PLEASE TAKE FURTHER NOTICE that the undersigned reserves the right to Demañd duplicate prints of photographs, the reasonable cost of which will be borne by undersigned. 15 of 44 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/10/2021 PLEASE TAKE FURTHER NOTICE that if you are in possession of now, or subsequent to the date of this Demand, come into possession of video, movie, or any other type of television or electronic media produced photographs of either the scene, the vehicle, the Plaintiff, property damage, or instrumentality, Demand is made for the production thereof at the offices of PILLINGER MILLER TARALLO, LLP Dated: Elmsford, New York December 10, 2021 Yours, etc., PILLINGER MILLER TARALLO, LLP N A. RISI, ESQ. rneys for Defendant ICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 5th