Preview
FILED: KINGS COUNTY CLERK 01/19/2022
06/13/2022 02:42
01:41 PM INDEX NO. 524933/2020
NYSCEF DOC. NO. 14
22 RECEIVED NYSCEF: 01/19/2022
06/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS,
INDEX NO.: 524933/2020
Plaintiff(s),
VERIFIED ANSWER
- against - BILL OF PARTICULARS &
COMBINED DEMANDS
RIVAS CONSTRUCTION CORP., DAVID RIVAS
LUNA, EMMANUEL MORGAN, ALI GEORGE , Our File No.: 1079031
INO TRANSPORTATION CORP. and MARIINO Case ID No.: ATIC-572
RIVAS,
Defendant(s).
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The Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS by
their/his/her attorneys, CASSELLA and SANDUSKY answering the Complaint of the Plaintiff
herein, respectfully shows and alleges upon information and belief, as follows:
ANSWER
FIRST CAUSE OF ACTION
Deny(ies) each and every allegation in the paragraphs of the Complaint designated as
follows: 9, 11, 24, 75, 85, 93, 99, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118.
Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth
of the allegations contained in the paragraphs of the Complaint designated as follows: 1, 2, 3, 4,
5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61,
62, 63, 64, 65, 66, 67, 68, 71, 72, 73, 74, 76, 77, 84, 86, 87, 89, 90, 94, 95, 96, 97, 100.
FIRST CAUSE OF ACTION
Defendant(s) repeats, reiterates, and realleges their responses to each and every allegation
contained in the preceding paragraphs of this Answer with the same force and effect as if fully
set forth herein.
Deny(ies) each and every allegation in the paragraphs of the Complaint designated as
follows: 125, 126, 127, 128, 129, 130, 131, 132, 133, 134.
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Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth
of the allegations contained in the paragraphs of the Complaint designated as follows: 120, 121,
122, 123, 124.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
By reason of the provisions of Article 51 of the New York Comprehensive Motor
Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the
subject matter of this action and Plaintiff(s) is/are expressly prohibited from maintaining this
action.
SECOND AFFIRMATIVE DEFENSE
Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the
Plaintiff(s) was/were caused by the culpable conduct of Plaintiff(s), including contributory
negligence or assumption of the risk, and not by the culpable conduct or negligence of the
answering Defendant(s).
THIRD AFFIRMATIVE DEFENSE
Pursuant to C.P.L.R. 4545, Plaintiff's recovery should be reduced by any amounts
received or that will be received by Plaintiff(s) from collateral sources of payment.
FOURTH AFFIRMATIVE DEFENSE
If Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged
in the Complaint, which Defendant(s) deny, and if it is determined that said injury and damage
were caused by and contributed to the Plaintiff's failure to use or properly use seat belts, shoulder
harness(es) or other restraining devices, pursuant to the authority of Spier V. Barker, 35 N.Y.2d
444, 363 N.Y.S.2d 916, Defendant(s) pleads Plaintiff’s failure to mitigate damages.
FIFTH AFFIRMATIVE DEFENSE
If it is determined that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration
with respect to any issue related to this action that results in an adverse ruling to said Plaintiff(s)
or party, then the answering Defendant(s) pleads said adverse ruling or award on the theory of
collateral estoppel under the authority of Matter of American Insurance Co. (Messenger-Aetna
Cas. & Sur. Co.), 43 N.Y.2d 184, 401 N.Y.S.2d 36; Altman v. Queens Tr. Corp., 94 Misc.2d
549, 405 N.Y.S.2d 212; Dermatossian v. New York City Transit Authority, 67 N.Y.2d 219, 501
N.Y.S.2d 784; c.f. Baldwin v. Brooks, 83 A.D.2d 85, 443 N.Y.S.2d 906; Clemmens v. Apple, 65
N.Y.2d 746 and Schultz v. Boyscouts of America, 65 N.Y.2d 189.
SIXTH AFFIRMATIVE DEFENSE
Upon information and belief, plaintiff(s) failed to mitigate damages.
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SEVENTH AFFIRMATIVE DEFENSE
Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the
General Obligations Law.
EIGHTH AFFIRMATIVE DEFENSE
For the Defendant(s) engaged in the trade or business of renting or leasing vehicles,
including but not limited to the vehicle alleged in the Complaint, that/those Defendant(s) had no
active negligence or criminal wrongdoing related to the alleged accident in which personal
injuries are claimed to have been sustained by Plaintiff(s). As such, under Federal Legislation,
49 United State Code Chapter 301, Subdivision 1, Section 3016 titled “Rented or Leased Motor
Vehicle Safety and Responsibility,” Defendant(s) is/are not liable under the law of the State of
New York for the injuries alleged in the Complaint that may have resulted or arisen out of the
use, operation or possession of the vehicle stated in the Complaint. The Complaint therefore
fails to state a cause of action against Defendant(s). Dismissal will be sought, together with
costs, expenses and attorneys’ fees.
NINTH AFFIRMATIVE DEFENSE
The Defendant(s)-operator acted under emergency conditions not created by him, which
qualify under the “emergency doctrine”. Such doctrine holds that those faced with a sudden and
unexpected circumstance, not of their own making, which leaves them with little or no time for
reflection or reasonably causes them to be so disturbed that they are compelled to make a quick
decision without weighing alternative courses of conduct, may not be negligent if their actions
are reasonable and prudent in the context of the emergency, even if it later appears that the actor
made a wrong decision, provided the actor has not created the emergency. Bello V. Transit Auth.,
12 A.D. 3d 58, 60 (2nd Dept. 2004); Caristo v. Sanzone, 96 N.Y. 2d 172, 174 (2001); Rivera v.
New York City Tr. Auth., 77 N.Y.2d 322, 327 (1991); Kuci v. Manhattan & Bronx Surface Tr.
nd
Operating Auth., 88 N.Y. 2d 923 (1996); Pawlukiewicz v. Boisson, 275 A.D.2d 446 (2 Dept.
2000); Carmela Roviello v Schoolman Transportation System Inc., 10 A.D. 3d 356 (2nd Dept.
2004).
RESERVATION OF RIGHTS
Defendant(s) reserve(s) the right to amend the answer, defenses, and/or any
counterclaims and cross claims at a later date.
Cross-claim against: RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA,
EMMANUEL MORGAN and ALI GEORGE
If Plaintiff(s) was caused to sustain any injury and damages as alleged in the complaint
through the negligence or culpable conduct other than the plaintiff(s)' own negligence or
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culpable conduct, the alleged injury and damages were caused by the negligence or culpable
conduct of the co-Defendant(s) of the answering Defendant(s) named as parties to this action in
failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place
and under the circumstances alleged in the complaint, and that the answering Defendant(s)
demand indemnification and/or contribution pursuant to Dole V. Dow Chemical Corp., 30
N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said co-Defendant(s) for all
or part of any verdict or judgment which the plaintiff(s) may recover against the answering
Defendant(s).
WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint or
diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct
attributable to Plaintiff(s), together with the costs and disbursements of this action, and further
demands that in the event answering Defendant(s) is/are found liable, that Defendant(s), on the
basis of apportionment of responsibility and/or indemnification, have judgment over against the
Co-Defendant(s) for all or part of the verdict or judgment that Plaintiff(s) may recover against
answering Defendant(s), together with the costs and disbursements of this action, and for any
expenses incurred in the defense thereof, including attorneys’ fees.
Dated: January 19, 2022
Brooklyn, N.Y.
CASSELLA AND SANDUSKY
Attorney(s) for the Defendant(s)
INO TRANSPORTATION CORP. and MARIINO
RIVAS
Office Address
1 Metrotech Center, 7th Floor
Brooklyn, New York 11201
Mailing Address
5 Broadway, Suite 500
Freeport, New York 11520
TEL: (866) 220-0176/FAX: (516) 584-0050
LAW OFFICES OF BRYAN BARENBAUM
Attorney(s) for the Plaintiff(s)
BRITTANY STEVENS
2060 EASTERN PARKWAY
BROOKLYN, NY 11207
Tel: (718) 421-1111
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JAMES F. BUTLER & ASSOCIATES
Attorney for Defendants
RIVAS CONSTRUCTION CORP. and DAVID RIVAS LUNA
PO BOX 9040 300 JERICHO QUADRANGLE SUITE 260
JERICHO, NY 11753
(516) 229-6000
SCAHILL LAW GROUP, P.C.
Attorney for Defendants
EMMANUEL MORGAN and ALI GEORGE
1065 STEWART AVENUE, SUITE 210
BETHPAGE, NY 11714
(516) 294-5200
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS, INDEX NO.: 524933/2020
Plaintiff(s), ATTORNEY VERIFICATION
- against - Our File No.: 1079031
Case ID No.: ATIC-572
RIVAS CONSTRUCTION CORP., DAVID RIVAS
LUNA, EMMANUEL MORGAN, ALI GEORGE ,
INO TRANSPORTATION CORP. and MARIINO
RIVAS,
Defendant(s).
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I, RACHEL SCHEFEN, an attorney admitted to the practice of law before the courts of
the State of New York, and not a party to the above-referenced action, affirm the following to be
true under the penalties of perjury:
1. Affirmant is a member of the law office of Cassella and Sandusky, attorneys of
record for answering Defendant(s) in the above-referenced action.
2. Affirmant has read the VERIFIED ANSWER, BILL OF PARTICULARS, &
COMBINED DEMANDS and knows the contents thereof; that same is true to Affirmant’s own
knowledge, except as to the matters therein stated to be alleged on information and belief, and as
to those matters Affirmant believes them to be true.
3. This verification is made by Affirmant and not by answering Defendant(s),
because said Defendant(s) were not within the County in which CASSELLA AND SANDUSKY
maintain their offices for the practice of law when this VERIFIED ANSWER, BILL OF
PARTICULARS, & COMBINED DEMANDS was drafted.
4. The grounds of Affirmant’s belief as to all matters not stated upon Affirmant’s
knowledge is as follows: BOOKS AND RECORDS MAINTAINED BY CASSELLA AND
SANDUSKYAND INFORMATION SUPPLIED BY AMERICAN TRANSIT INSURANCE
COMPANY and/or AMERICAN TRANSIT RISK MANAGEMENT SERVICES.
Dated: January 19, 2022
Brooklyn, NY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS, INDEX NO.: 524933/2020
DEMAND FOR BILL OF
Plaintiff(s), PARTICULARS &
COMBINED DEMANDS
- against - Our File No.: 1079031
Case ID No.: ATIC-572
RIVAS CONSTRUCTION CORP., DAVID RIVAS
LUNA, EMMANUEL MORGAN, ALI GEORGE ,
INO TRANSPORTATION CORP. and MARIINO
RIVAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Article 30 of the CPLR, you are hereby
required to file and serve upon the undersigned the following Verified Bill of Particulars of
Plaintiff's alleged cause of action herein within thirty (30) days from the date of service hereof.
1. The name and address of the Plaintiff(s).
2. The age and date of birth of the Plaintiff(s).
3. The social security numbers of Plaintiff(s).
4. The date and time of the occurrence.
5. State the location of the accident/occurrence in sufficient detail to permit identification of
the accident, providing in detail the direction in which each car was proceeding at the
time of the accident.
6. Separate statements setting forth all of the acts or omissions constituting the negligence
of each Defendant(s).
7. State what part(s) of each vehicle came in contact with each other, including contacts
with each pedestrian, fixed object(s) or parked vehicle(s).
8. State the statutes, rules, laws and/or ordinances that alleged Defendant(s) has/have
violated. If property damage is being claimed, please set forth the applicable laws and
circumstances in full detail.
9. State the make, model and the year of manufacture of Plaintiff(s)' vehicle, the reasonable
market value of same immediately prior to and immediately after the alleged accident.
10. If personal injuries are being claimed, please set forth in full detail. Include the nature,
extent, location and duration of each and every injury alleged to have been sustained by
the Plaintiff(s) and if any are claimed to be permanent.
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11. If Plaintiff(s) admitted to any hospital or emergency room resulting from the
accident/occurrence, state names and addresses of the facilities, treating physicians &
date of admission and discharge each facility.
12. If applicable, the length of time, giving specific dates, that Plaintiff(s) was/were confined
to bed and to home as a result of the alleged injuries.
13. The length of time during which Plaintiff was incapacitated from employment and/or
household duties as a result of the alleged injuries, giving specific dates. Set forth the
amount of earnings or wages claimed to have been lost and the rate of wages or basis of
remuneration received by the Plaintiff(s).
14. If applicable, provide the amounts claimed for special damages for:
a. Physicians' services,
b. Medical supplies,
c. Nurses' services,
d. Hospital expenses,
e. X-ray expenses,
f. Chiropractors,
g. Physiotherapists
h. Drugs and medications,
i. Loss of earnings, and
j. Any other items of special damages claimed.
15. The names and last known addresses of any witness to the occurrence herein, pursuant to
Zayas V. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279.
16. The name and last known address of any person who has information concerning the
condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence
herein, as it was on the date of accident or at the time it was last in the custody and
control of the Plaintiff(s).
17. State Plaintiff's occupation; name & address of Plaintiff(s)' employer at the time of the
accident. If Plaintiff(s) is/are self-employed, please state nature of business, business
name and address, and Federal I.D. number.
18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and
address of the school attended at time of accident and designated class or grade, and the
length of time Plaintiff was unable to attend classes.
19. Set forth any and all collateral sources under C.P.L.R. 4545(c), specifying date paid,
amount of collateral source payment, by whom paid, specifying name, address, file or
claim number and all particulars identifying the payer.
20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in
subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic
economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law.
21. If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state
the nature and extent of such. Provide the name and address of each hospital, clinic,
institution, physician, and other health care provider that treated or examined Plaintiff(s)
for such pre-existing injury.
22. If loss of service is claimed, state or describe the nature of such service, the length of
time each Plaintiff was deprived of such service, and the value of such service. If
wrongful death and/or conscious pain and suffering is claimed, as defined by law, please
set forth in reasonable detail.
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23. If applicable, set forth the place and date of the marriage of the decedent, if married, and
to whom at the time of death. If the Plaintiff was not married to decedent, set forth the
relationship at the time of death.
24. If applicable, set forth with specificity, the name(s) and address(es) of the decedent's next
of kin, heirs at law and distributes.
25. If applicable, state the manner in which the damages allegedly sustained by decedent’s
next of kin and heirs at law and distributes were computed.
Dated: January 19, 2022
Brooklyn, N.Y. CASSELLA AND SANDUSKY
s/RACHEL SCHEFEN
RACHEL SCHEFEN, Esq.
Attorneys for the Defendant(s)
INO TRANSPORTATION CORP. and MARIINO
RIVAS
Office Address
1 Metrotech Center, 7th Floor
Brooklyn, New York 11201
Mailing Address
5 Broadway, Suite 500
Freeport, New York 11520
TEL: (866) 220-0176
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS, INDEX NO.: 524933/2020
Plaintiff(s), NOTICE FOR DISCOVERY
& INSPECTION
- against -
Our File No.: 1079031
RIVAS CONSTRUCTION CORP., DAVID RIVAS Case ID No.: ATIC-572
LUNA, EMMANUEL MORGAN, ALI GEORGE ,
INO TRANSPORTATION CORP. and MARIINO
RIVAS,
Defendant(s).
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PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
Rules, Defendant(s) demands that Plaintiff(s) produce and permit discovery by him, his
attorneys, or another acting on his behalf of the following articles, documents, and things for
inspection, copying, testing, and photographing within thirty (30) days after receipt hereof, at
CASSELLA AND SANDUSKY, ONE METROTECH CENTER, 7th FLOOR, BROOKLYN,
NY 11201, at which time said articles, documents and things will be physically inspected, copied
tested, photographed, and mechanically reproduced.
In lieu of strict compliance with the terms and conditions of this Notice, the undersigned
will accept clearly legible photocopies of the said items, if received by the undersigned at least
five (5) days prior to the return date hereof, together with a letter from the Plaintiff(s)' attorneys
advising as to the completeness of the items provided.
1. If applicable, provide a copy of Letters Testamentary or Limited Letters of
Administration.
2. Itemized statements of the alleged damages to Plaintiff's vehicle, together with the cost of
repairs of each item, the garage or shop that performed the repairs, along with the shop
license numbers.
3. If claim is made for loss of earnings, please provide W-2 forms or certified copies of tax
returns for one year prior to occurrence and the for the year at time of occurrence.
4. True copy of any statement of Defendant(s) and Plaintiff(s) herein, pursuant to CPLR
3101(e).
5. Photographs of any vehicle involved in the accident, the accident scene or of any of the
parties herein following the accident.
6. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s)
which was involved in this occurrence for a period of one year prior to the accident date
herein.
7. True copy of any accident report concerning this occurrence in the custody and control of
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Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g).
8. True copy of any MV 104 and police report filed by the operators of any motor vehicles
involved in this accident.
9. Authorization to obtain no fault file, and/or worker’s compensation file. All
authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
10. Authorization to obtain employment record(s) and workers compensation record(s). All
Authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
11. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident,
which is the subject of this action.
12. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical
reports, pathology reports, toxicology reports, autopsy reports and bills of any medical
condition(s) claimed to have been activated, precipitated or aggravated by the accident
which is the subject of this action. Authorizations must be HIPAA compliant pursuant to
Section 164.508 of the Federal Mandated Final Privacy Rule.
13. Copy of primary and/or excess insurance policy limits of Co-Defendant(s).
14. Produce authorization(s) to obtain any and all prior medical treatment records, reports
and diagnostic films, pertaining to any medical treatment for a prior injury to the same
body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue.
15. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like
pleading) and any and all Medical Record(s) and Report(s) exchanged in all prior
personal injury lawsuits brought by Plaintiff(s).
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, a
Motion to Compel or Strike Plaintiff's pleading will be made pursuant to CPLR 3120 and 3124.
PLEASE TAKE FURTHER NOTICE that the request for items specified in this
document is a continuing demand and should any of the information requested become available
or known in the future, you are required to furnish same at such time.
Dated: January 19, 2022
Brooklyn, N.Y. CASSELLA AND SANDUSKY
s/RACHEL SCHEFEN
RACHEL SCHEFEN, Esq.
Attorneys for the Defendant(s)
INO TRANSPORTATION CORP. and MARIINO
RIVAS
Office Address
1 Metrotech Center, 7th Floor
Brooklyn, New York 11201
Mailing Address
5 Broadway, Suite 500
Freeport, New York 11520
TEL: (866) 220-0176
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS, INDEX NO.: 524933/2020
Plaintiff(s), NOTICE PURSUANT
TO CPLR 2103(e)
- against -
Our File No.: 1079031
RIVAS CONSTRUCTION CORP., DAVID RIVAS Case ID No.: ATIC-572
LUNA, EMMANUEL MORGAN, ALI GEORGE ,
INO TRANSPORTATION CORP. and MARIINO
RIVAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demand hereby is made upon
you to supply the undersigned, in writing, with a list of those parties who have appeared in the
action and the names and addresses of their attorneys.
Dated: January 19, 2022
Brooklyn, NY CASSELLA AND SANDUSKY
s/RACHEL SCHEFEN
RACHEL SCHEFEN, Esq.
Attorneys for the Defendant(s)
INO TRANSPORTATION CORP. and MARIINO
RIVAS
Office Address
1 Metrotech Center, 7th Floor
Brooklyn, New York 11201
Mailing Address
5 Broadway, Suite 500
Freeport, New York 11520
TEL: (866) 220-0176
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRITTANY STEVENS,
Plaintiff(s), COMBINED DEMANDS FOR:
1. NAMES & ADDRESSES OF
ALL WITNESSES
- against - 2. EXPERT DISCLOSURE
3. PRODUCTION OF ALL
RIVAS CONSTRUCTION CORP., DAVID RIVAS STATEMENTS TAKEN OF
LUNA, EMMANUEL MORGAN, ALI GEORGE , ANSWERING DEFENDANT(S)
INO TRANSPORTATION CORP. and MARIINO
RIVAS, Our File No.: 1079031
Case ID No.: ATIC-572
Defendant(s).
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PLEASE TAKE NOTICE that Defendant(s) demand(s) that you set forth in writing,
under oath, and serve upon us within Thirty (30) days of this date, the names and addresses of
each person known or claimed by you to be witness to the occurrence and as to notice of the
condition, if any, alleged in the complaint in this action.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d) (1), you are
hereby required to set forth the following:
1. The name and address of each and every person you expect to call as an expert witness at
the trial of this action;
2. In reasonable detail, the subject matter on which each expert is expected to testify;
3. The substance of the facts and opinions on which each expert is expected to testify;
4. The qualifications of each expert, and;
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FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X BRITTANY STEVENS, INDEX NO.: 524933/2020 Plaintiff(s), VERIFIED ANSWER - against - BILL OF PARTICULARS & COMBINED DEMANDS RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE , Our File No.: 1079031 INO TRANSPORTATION CORP. and MARIINO Case ID No.: ATIC-572 RIVAS, Defendant(s). -----------------------------------------------------------------X The Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS by their/his/her attorneys, CASSELLA and SANDUSKY answering the Complaint of the Plaintiff herein, respectfully shows and alleges upon information and belief, as follows: ANSWER FIRST CAUSE OF ACTION Deny(ies) each and every allegation in the paragraphs of the Complaint designated as follows: 9, 11, 24, 75, 85, 93, 99, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118. Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Complaint designated as follows: 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 71, 72, 73, 74, 76, 77, 84, 86, 87, 89, 90, 94, 95, 96, 97, 100. FIRST CAUSE OF ACTION Defendant(s) repeats, reiterates, and realleges their responses to each and every allegation contained in the preceding paragraphs of this Answer with the same force and effect as if fully set forth herein. Deny(ies) each and every allegation in the paragraphs of the Complaint designated as follows: 125, 126, 127, 128, 129, 130, 131, 132, 133, 134. 1 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Complaint designated as follows: 120, 121, 122, 123, 124. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE By reason of the provisions of Article 51 of the New York Comprehensive Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject matter of this action and Plaintiff(s) is/are expressly prohibited from maintaining this action. SECOND AFFIRMATIVE DEFENSE Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the Plaintiff(s) was/were caused by the culpable conduct of Plaintiff(s), including contributory negligence or assumption of the risk, and not by the culpable conduct or negligence of the answering Defendant(s). THIRD AFFIRMATIVE DEFENSE Pursuant to C.P.L.R. 4545, Plaintiff's recovery should be reduced by any amounts received or that will be received by Plaintiff(s) from collateral sources of payment. FOURTH AFFIRMATIVE DEFENSE If Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged in the Complaint, which Defendant(s) deny, and if it is determined that said injury and damage were caused by and contributed to the Plaintiff's failure to use or properly use seat belts, shoulder harness(es) or other restraining devices, pursuant to the authority of Spier V. Barker, 35 N.Y.2d 444, 363 N.Y.S.2d 916, Defendant(s) pleads Plaintiff’s failure to mitigate damages. FIFTH AFFIRMATIVE DEFENSE If it is determined that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration with respect to any issue related to this action that results in an adverse ruling to said Plaintiff(s) or party, then the answering Defendant(s) pleads said adverse ruling or award on the theory of collateral estoppel under the authority of Matter of American Insurance Co. (Messenger-Aetna Cas. & Sur. Co.), 43 N.Y.2d 184, 401 N.Y.S.2d 36; Altman v. Queens Tr. Corp., 94 Misc.2d 549, 405 N.Y.S.2d 212; Dermatossian v. New York City Transit Authority, 67 N.Y.2d 219, 501 N.Y.S.2d 784; c.f. Baldwin v. Brooks, 83 A.D.2d 85, 443 N.Y.S.2d 906; Clemmens v. Apple, 65 N.Y.2d 746 and Schultz v. Boyscouts of America, 65 N.Y.2d 189. SIXTH AFFIRMATIVE DEFENSE Upon information and belief, plaintiff(s) failed to mitigate damages. 2 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SEVENTH AFFIRMATIVE DEFENSE Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the General Obligations Law. EIGHTH AFFIRMATIVE DEFENSE For the Defendant(s) engaged in the trade or business of renting or leasing vehicles, including but not limited to the vehicle alleged in the Complaint, that/those Defendant(s) had no active negligence or criminal wrongdoing related to the alleged accident in which personal injuries are claimed to have been sustained by Plaintiff(s). As such, under Federal Legislation, 49 United State Code Chapter 301, Subdivision 1, Section 3016 titled “Rented or Leased Motor Vehicle Safety and Responsibility,” Defendant(s) is/are not liable under the law of the State of New York for the injuries alleged in the Complaint that may have resulted or arisen out of the use, operation or possession of the vehicle stated in the Complaint. The Complaint therefore fails to state a cause of action against Defendant(s). Dismissal will be sought, together with costs, expenses and attorneys’ fees. NINTH AFFIRMATIVE DEFENSE The Defendant(s)-operator acted under emergency conditions not created by him, which qualify under the “emergency doctrine”. Such doctrine holds that those faced with a sudden and unexpected circumstance, not of their own making, which leaves them with little or no time for reflection or reasonably causes them to be so disturbed that they are compelled to make a quick decision without weighing alternative courses of conduct, may not be negligent if their actions are reasonable and prudent in the context of the emergency, even if it later appears that the actor made a wrong decision, provided the actor has not created the emergency. Bello V. Transit Auth., 12 A.D. 3d 58, 60 (2nd Dept. 2004); Caristo v. Sanzone, 96 N.Y. 2d 172, 174 (2001); Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 327 (1991); Kuci v. Manhattan & Bronx Surface Tr. nd Operating Auth., 88 N.Y. 2d 923 (1996); Pawlukiewicz v. Boisson, 275 A.D.2d 446 (2 Dept. 2000); Carmela Roviello v Schoolman Transportation System Inc., 10 A.D. 3d 356 (2nd Dept. 2004). RESERVATION OF RIGHTS Defendant(s) reserve(s) the right to amend the answer, defenses, and/or any counterclaims and cross claims at a later date. Cross-claim against: RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN and ALI GEORGE If Plaintiff(s) was caused to sustain any injury and damages as alleged in the complaint through the negligence or culpable conduct other than the plaintiff(s)' own negligence or 3 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 culpable conduct, the alleged injury and damages were caused by the negligence or culpable conduct of the co-Defendant(s) of the answering Defendant(s) named as parties to this action in failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place and under the circumstances alleged in the complaint, and that the answering Defendant(s) demand indemnification and/or contribution pursuant to Dole V. Dow Chemical Corp., 30 N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said co-Defendant(s) for all or part of any verdict or judgment which the plaintiff(s) may recover against the answering Defendant(s). WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint or diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct attributable to Plaintiff(s), together with the costs and disbursements of this action, and further demands that in the event answering Defendant(s) is/are found liable, that Defendant(s), on the basis of apportionment of responsibility and/or indemnification, have judgment over against the Co-Defendant(s) for all or part of the verdict or judgment that Plaintiff(s) may recover against answering Defendant(s), together with the costs and disbursements of this action, and for any expenses incurred in the defense thereof, including attorneys’ fees. Dated: January 19, 2022 Brooklyn, N.Y. CASSELLA AND SANDUSKY Attorney(s) for the Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS Office Address 1 Metrotech Center, 7th Floor Brooklyn, New York 11201 Mailing Address 5 Broadway, Suite 500 Freeport, New York 11520 TEL: (866) 220-0176/FAX: (516) 584-0050 LAW OFFICES OF BRYAN BARENBAUM Attorney(s) for the Plaintiff(s) BRITTANY STEVENS 2060 EASTERN PARKWAY BROOKLYN, NY 11207 Tel: (718) 421-1111 4 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 JAMES F. BUTLER & ASSOCIATES Attorney for Defendants RIVAS CONSTRUCTION CORP. and DAVID RIVAS LUNA PO BOX 9040 300 JERICHO QUADRANGLE SUITE 260 JERICHO, NY 11753 (516) 229-6000 SCAHILL LAW GROUP, P.C. Attorney for Defendants EMMANUEL MORGAN and ALI GEORGE 1065 STEWART AVENUE, SUITE 210 BETHPAGE, NY 11714 (516) 294-5200 5 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X BRITTANY STEVENS, INDEX NO.: 524933/2020 Plaintiff(s), ATTORNEY VERIFICATION - against - Our File No.: 1079031 Case ID No.: ATIC-572 RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE , INO TRANSPORTATION CORP. and MARIINO RIVAS, Defendant(s). -----------------------------------------------------------------X I, RACHEL SCHEFEN, an attorney admitted to the practice of law before the courts of the State of New York, and not a party to the above-referenced action, affirm the following to be true under the penalties of perjury: 1. Affirmant is a member of the law office of Cassella and Sandusky, attorneys of record for answering Defendant(s) in the above-referenced action. 2. Affirmant has read the VERIFIED ANSWER, BILL OF PARTICULARS, & COMBINED DEMANDS and knows the contents thereof; that same is true to Affirmant’s own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters Affirmant believes them to be true. 3. This verification is made by Affirmant and not by answering Defendant(s), because said Defendant(s) were not within the County in which CASSELLA AND SANDUSKY maintain their offices for the practice of law when this VERIFIED ANSWER, BILL OF PARTICULARS, & COMBINED DEMANDS was drafted. 4. The grounds of Affirmant’s belief as to all matters not stated upon Affirmant’s knowledge is as follows: BOOKS AND RECORDS MAINTAINED BY CASSELLA AND SANDUSKYAND INFORMATION SUPPLIED BY AMERICAN TRANSIT INSURANCE COMPANY and/or AMERICAN TRANSIT RISK MANAGEMENT SERVICES. Dated: January 19, 2022 Brooklyn, NY 6 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X BRITTANY STEVENS, INDEX NO.: 524933/2020 DEMAND FOR BILL OF Plaintiff(s), PARTICULARS & COMBINED DEMANDS - against - Our File No.: 1079031 Case ID No.: ATIC-572 RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE , INO TRANSPORTATION CORP. and MARIINO RIVAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Article 30 of the CPLR, you are hereby required to file and serve upon the undersigned the following Verified Bill of Particulars of Plaintiff's alleged cause of action herein within thirty (30) days from the date of service hereof. 1. The name and address of the Plaintiff(s). 2. The age and date of birth of the Plaintiff(s). 3. The social security numbers of Plaintiff(s). 4. The date and time of the occurrence. 5. State the location of the accident/occurrence in sufficient detail to permit identification of the accident, providing in detail the direction in which each car was proceeding at the time of the accident. 6. Separate statements setting forth all of the acts or omissions constituting the negligence of each Defendant(s). 7. State what part(s) of each vehicle came in contact with each other, including contacts with each pedestrian, fixed object(s) or parked vehicle(s). 8. State the statutes, rules, laws and/or ordinances that alleged Defendant(s) has/have violated. If property damage is being claimed, please set forth the applicable laws and circumstances in full detail. 9. State the make, model and the year of manufacture of Plaintiff(s)' vehicle, the reasonable market value of same immediately prior to and immediately after the alleged accident. 10. If personal injuries are being claimed, please set forth in full detail. Include the nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff(s) and if any are claimed to be permanent. 7 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 11. If Plaintiff(s) admitted to any hospital or emergency room resulting from the accident/occurrence, state names and addresses of the facilities, treating physicians & date of admission and discharge each facility. 12. If applicable, the length of time, giving specific dates, that Plaintiff(s) was/were confined to bed and to home as a result of the alleged injuries. 13. The length of time during which Plaintiff was incapacitated from employment and/or household duties as a result of the alleged injuries, giving specific dates. Set forth the amount of earnings or wages claimed to have been lost and the rate of wages or basis of remuneration received by the Plaintiff(s). 14. If applicable, provide the amounts claimed for special damages for: a. Physicians' services, b. Medical supplies, c. Nurses' services, d. Hospital expenses, e. X-ray expenses, f. Chiropractors, g. Physiotherapists h. Drugs and medications, i. Loss of earnings, and j. Any other items of special damages claimed. 15. The names and last known addresses of any witness to the occurrence herein, pursuant to Zayas V. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279. 16. The name and last known address of any person who has information concerning the condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence herein, as it was on the date of accident or at the time it was last in the custody and control of the Plaintiff(s). 17. State Plaintiff's occupation; name & address of Plaintiff(s)' employer at the time of the accident. If Plaintiff(s) is/are self-employed, please state nature of business, business name and address, and Federal I.D. number. 18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and address of the school attended at time of accident and designated class or grade, and the length of time Plaintiff was unable to attend classes. 19. Set forth any and all collateral sources under C.P.L.R. 4545(c), specifying date paid, amount of collateral source payment, by whom paid, specifying name, address, file or claim number and all particulars identifying the payer. 20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law. 21. If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state the nature and extent of such. Provide the name and address of each hospital, clinic, institution, physician, and other health care provider that treated or examined Plaintiff(s) for such pre-existing injury. 22. If loss of service is claimed, state or describe the nature of such service, the length of time each Plaintiff was deprived of such service, and the value of such service. If wrongful death and/or conscious pain and suffering is claimed, as defined by law, please set forth in reasonable detail. 8 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 23. If applicable, set forth the place and date of the marriage of the decedent, if married, and to whom at the time of death. If the Plaintiff was not married to decedent, set forth the relationship at the time of death. 24. If applicable, set forth with specificity, the name(s) and address(es) of the decedent's next of kin, heirs at law and distributes. 25. If applicable, state the manner in which the damages allegedly sustained by decedent’s next of kin and heirs at law and distributes were computed. Dated: January 19, 2022 Brooklyn, N.Y. CASSELLA AND SANDUSKY s/RACHEL SCHEFEN RACHEL SCHEFEN, Esq. Attorneys for the Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS Office Address 1 Metrotech Center, 7th Floor Brooklyn, New York 11201 Mailing Address 5 Broadway, Suite 500 Freeport, New York 11520 TEL: (866) 220-0176 9 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X BRITTANY STEVENS, INDEX NO.: 524933/2020 Plaintiff(s), NOTICE FOR DISCOVERY & INSPECTION - against - Our File No.: 1079031 RIVAS CONSTRUCTION CORP., DAVID RIVAS Case ID No.: ATIC-572 LUNA, EMMANUEL MORGAN, ALI GEORGE , INO TRANSPORTATION CORP. and MARIINO RIVAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, Defendant(s) demands that Plaintiff(s) produce and permit discovery by him, his attorneys, or another acting on his behalf of the following articles, documents, and things for inspection, copying, testing, and photographing within thirty (30) days after receipt hereof, at CASSELLA AND SANDUSKY, ONE METROTECH CENTER, 7th FLOOR, BROOKLYN, NY 11201, at which time said articles, documents and things will be physically inspected, copied tested, photographed, and mechanically reproduced. In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items, if received by the undersigned at least five (5) days prior to the return date hereof, together with a letter from the Plaintiff(s)' attorneys advising as to the completeness of the items provided. 1. If applicable, provide a copy of Letters Testamentary or Limited Letters of Administration. 2. Itemized statements of the alleged damages to Plaintiff's vehicle, together with the cost of repairs of each item, the garage or shop that performed the repairs, along with the shop license numbers. 3. If claim is made for loss of earnings, please provide W-2 forms or certified copies of tax returns for one year prior to occurrence and the for the year at time of occurrence. 4. True copy of any statement of Defendant(s) and Plaintiff(s) herein, pursuant to CPLR 3101(e). 5. Photographs of any vehicle involved in the accident, the accident scene or of any of the parties herein following the accident. 6. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s) which was involved in this occurrence for a period of one year prior to the accident date herein. 7. True copy of any accident report concerning this occurrence in the custody and control of 10 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g). 8. True copy of any MV 104 and police report filed by the operators of any motor vehicles involved in this accident. 9. Authorization to obtain no fault file, and/or worker’s compensation file. All authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal Mandated Final Privacy Rule. 10. Authorization to obtain employment record(s) and workers compensation record(s). All Authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal Mandated Final Privacy Rule. 11. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident, which is the subject of this action. 12. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical reports, pathology reports, toxicology reports, autopsy reports and bills of any medical condition(s) claimed to have been activated, precipitated or aggravated by the accident which is the subject of this action. Authorizations must be HIPAA compliant pursuant to Section 164.508 of the Federal Mandated Final Privacy Rule. 13. Copy of primary and/or excess insurance policy limits of Co-Defendant(s). 14. Produce authorization(s) to obtain any and all prior medical treatment records, reports and diagnostic films, pertaining to any medical treatment for a prior injury to the same body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue. 15. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like pleading) and any and all Medical Record(s) and Report(s) exchanged in all prior personal injury lawsuits brought by Plaintiff(s). PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, a Motion to Compel or Strike Plaintiff's pleading will be made pursuant to CPLR 3120 and 3124. PLEASE TAKE FURTHER NOTICE that the request for items specified in this document is a continuing demand and should any of the information requested become available or known in the future, you are required to furnish same at such time. Dated: January 19, 2022 Brooklyn, N.Y. CASSELLA AND SANDUSKY s/RACHEL SCHEFEN RACHEL SCHEFEN, Esq. Attorneys for the Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS Office Address 1 Metrotech Center, 7th Floor Brooklyn, New York 11201 Mailing Address 5 Broadway, Suite 500 Freeport, New York 11520 TEL: (866) 220-0176 11 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X BRITTANY STEVENS, INDEX NO.: 524933/2020 Plaintiff(s), NOTICE PURSUANT TO CPLR 2103(e) - against - Our File No.: 1079031 RIVAS CONSTRUCTION CORP., DAVID RIVAS Case ID No.: ATIC-572 LUNA, EMMANUEL MORGAN, ALI GEORGE , INO TRANSPORTATION CORP. and MARIINO RIVAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demand hereby is made upon you to supply the undersigned, in writing, with a list of those parties who have appeared in the action and the names and addresses of their attorneys. Dated: January 19, 2022 Brooklyn, NY CASSELLA AND SANDUSKY s/RACHEL SCHEFEN RACHEL SCHEFEN, Esq. Attorneys for the Defendant(s) INO TRANSPORTATION CORP. and MARIINO RIVAS Office Address 1 Metrotech Center, 7th Floor Brooklyn, New York 11201 Mailing Address 5 Broadway, Suite 500 Freeport, New York 11520 TEL: (866) 220-0176 12 of 20 FILED: KINGS COUNTY CLERK 01/19/2022 06/13/2022 02:42 01:41 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 14 22 RECEIVED NYSCEF: 01/19/2022 06/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X INDEX NO.: 524933/2020 BRITTANY STEVENS, Plaintiff(s), COMBINED DEMANDS FOR: 1. NAMES & ADDRESSES OF ALL WITNESSES - against - 2. EXPERT DISCLOSURE 3. PRODUCTION OF ALL RIVAS CONSTRUCTION CORP., DAVID RIVAS STATEMENTS TAKEN OF LUNA, EMMANUEL MORGAN, ALI GEORGE , ANSWERING DEFENDANT(S) INO TRANSPORTATION CORP. and MARIINO RIVAS, Our File No.: 1079031 Case ID No.: ATIC-572 Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that Defendant(s) demand(s) that you set forth in writing, under oath, and serve upon us within Thirty (30) days of this date, the names and addresses of each person known or claimed by you to be witness to the occurrence and as to notice of the condition, if any, alleged in the complaint in this action. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d) (1), you are hereby required to set forth the following: 1. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 2. In reasonable detail, the subject matter on which each expert is expected to testify; 3. The substance of the facts and opinions on which each expert is expected to testify; 4. The qualifications of each expert, and;