Preview
FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021
NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
REPLY TO COUNTERCLAIM OF THE
- against - DEFENDANT DARRIN HOLLAND
JOHN DOE, said name is being fictitious and Index #: 508561/2021
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
Plaintiff on the Counterclaim Wade S. Williams, by the undersigned, replying to the
counterclaim of the defendant Darrin Holland, upon information and belief, states as follows:
GENERAL DENIAL TO ALL ALLEGATIONS CONTAINED IN THE COUNTERCLAIM.
AS AND FOR AN AFFIRMATIVE DEFENSE – COMPARATIVE NEGLIGENCE
The personal injuries and/or property damage alleged to have been sustained by the plaintiff(s),
Wade Williams, were caused entirely or in part through the culpable conduct attributable to said
plaintiff(s) and/or the culpable conduct of the defendants and the Plaintiff on Counterclaim seeks
a dismissal or reduction in any recovery had by the plaintiff(s), Wade Williams, in the proportion
which the culpable conduct attributable to the plaintiff(s), Wade Williams and the Defendant(s)
bears to the culpable conduct which caused the damages.
AS AND FOR AN AFFIRMATIVE DEFENSE – SEAT BELT
The plaintiff(s) passenger(s) damages must be mitigated by the plaintiff(s) passenger(s) failure to
use the available seat belts or infant restraining devices and that the damages claimed to have
been sustained were caused by the lack of use of said seat belts and/or infant restraining devices.
AS AND FOR AN AFFIRMATIVE DEFENSE – COLLATERAL SOURCE
The costs incurred, or paid by plaintiff(s), if any, for medical care, dental care, custodial care or
rehabilitation services, loss of earning or other economic loss, in the past or future, were or will,
with reasonable certainty be replaced or indemnified, in whole or in part, from a collateral source
of the type described in CPLR §4545 and defendant is entitled to have any award reduced in the
amount of such payments.
AS AND FOR AN AFFIRMATIVE DEFENSE – GENERAL OBLIGATIONS LAW
Plaintiff(s) recovery must be offset by a settlement pursuant General Obligations Law section
15-108.
AS AND FOR AN AFFIRMATIVE DEFENSE – EMERGENCY DOCTRINE
The defendant operator was faced with an emergency situation and acted as reasonably as
possible under the situation. A person faced with an emergency who acts as a reasonably prudent
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person would act in the same emergency is not negligent even if it later appears that the
defendant did not make the safest choice or exercise the best judgment.
AS AND FOR AN AFFIRMATIVE DEFENSE -- FAILURE TO STATE CAUSE OF
ACTION
Plaintiff(s) complaint fails to state a cause of action for which relief can be granted.
AS AND FOR AN AFFIRMATIVE DEFENSE – SERIOUS INJURY
Plaintiff did not sustain a serious injury pursuant to Insurance Law Sections 5102 and 5104.
WHEREFORE, Plaintiff on the Counterclaim, Wade S. Williams, hereby demands
judgment dismissing the counterclaim of the defendant, Darrin Holland, together with the costs
and disbursements of this action.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218
TO:
Davidoff Law, PC
Attorneys for Plaintiff(s)
Wade Williams and Crystal Peart
10818 Queens Blvd STE 404
Forest Hills, New York 11375-4750
Rankin Savidge PLLC
Attorney for Defendant
Darrin Holland
1527 Franklin Ave. Ste 100
Mineola, New York 11501
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VERIFICATION
Shanti Tuthill, Esq., an attorney admitted to practice in the Courts of this State, and
associated with the firm of James G. Bilello & Associates, attorneys for the Plaintiff on
Counterclaim, Wade S. Willaims, states.
That your affirmant has read the foregoing Reply to Counterclaim and knows the
contents thereof; that the same is true to your affirmant's own knowledge except as to the matters
which are stated therein to be alleged on information and belief, and as to those matters your
affirmant believes it to be true. The source of your affirmant's information and belief, is an
investigation caused to be made with respect to the facts in this action.
That the reason this verification is made by affirmant and not by the plaintiff is because
the plaintiff does not reside within the county where James G. Bilello & Associates, maintains
their office.
The undersigned affirms that the foregoing statement is true, under penalties of perjury.
Date: Hicksville, New York
October 21, 2022
_______________________________________
Shanti Tuthill, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
DEMAND FOR
- against -
A VERIFIED
BILL OF PARTICULARS
JOHN DOE, said name is being fictitious and
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
PLEASE TAKE NOTICE that the plaintiff on Counterclaim, Wade S. Williams, hereby
demands that you serve upon the undersigned within twenty days from date of service herein, a
verified bill of particulars concerning the following matters:
1. A general statement of the acts or omissions, constituting the negligence of the Plaintiff on
Counterclaim.
2. A copy of the plaintiff's Bill of Particulars.
PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the
undersigned will move for (1) an order precluding defendant from giving evidence at the trial of
the items of which particulars have not been furnished; (2) an order staying all proceedings in
this action pursuant to Civil Practice Law and Rule 3042; and (3) such other and further relief as
the court may deem just and proper.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218()
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
- against - COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
JOHN DOE, said name is being fictitious and
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the
undersigned, the following:
DEMAND FOR INDEX NUMBER
Pursuant to the filing requirements of Section 306-a of the C.P.L.R. and the notice
requirements of 22 N.Y.C.R.R. 202.5, you are to advise in writing of the County Clerk's Index
Number assigned to this action.
DEMAND FOR ALL PARTIES APPEARING
A list of names of all parties that have appeared in this action, together with the names
and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R.
DEMAND FOR PRIOR PROCEEDINGS
Copies of all previously served:
1. Pleadings and amended pleadings.
2. Transcripts of examinations before trial heretofore conducted.
3. Bills of Particulars.
4. Medical reports and hospital records submitted by the plaintiff(s).
5. The medical reports of any physical examination conducted of the plaintiff(s) on behalf of
the defendant(s).
6. Notices to Admit and the answers thereto.
7. Notices for Discovery and Inspection and all papers supplied in response.
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8. Calendar papers, including and not limited to, trial note(s) of issue, or notice(s) for trial,
certificate(s) or statement(s) of readiness; request for judicial intervention; preliminary
conference order(s); order(s) and outstanding motion(s).
DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON
COUNTERCLAIM AND/OR CO-DEFENDANT(S)
Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect
and copy the contents of any insurance agreement under which any person or entity
carrying on an insurance business may be liable to satisfy part or all of the judgment
which may be entered in this action, or to indemnify or reimburse for payments made to
satisfy the judgment which may be entered herein, including by not limited to excess and
additional coverage. If there is no excess or additional coverage and there is the only one
insurer liable to satisfy part or all of a judgment which may be entered in this action, then
the undersigned demands a sworn affidavit from your client stating this.
DEMAND FOR WITNESSES
Pursuant to C.P.L.R. 3101(a) and the cases of Zellman v. Metropolitan Transportation
Authority, 40 A.D., 2d 248, 339 N.Y.S. 2d 255, and Zayas v. Morales, 45 A.D. 2d 610, 360
N.Y.S. 2d 279, and this demand, you are requested to produce and permit discovery by the
undersigned or another acting on their behalf of the following:
Names and addresses of all persons that:
1. witnessed the occurrence,
2. have knowledge of the nature and duration of any alleged condition(s) proximately
causing this occurrence,
3. witnessed or have firsthand knowledge of notice given to the party(ies) we represent
and/or any other party in this action,
4. have firsthand knowledge of facts and circumstances regarding this occurrence,
5. have knowledge of the injuries and damages plaintiff alleges to have incurred relating
to this occurrence,
6. have knowledge of the injuries and damages plaintiff alleges to have incurred relating
to this occurrence that you intend to call as witnesses at trial.
PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives,
obtain names and addresses of such persons subsequent to their response to this notice, such
information is to be furnished to the undersigned whenever so obtained. The undersigned will
object at the time of trial of this action the testimony of any persons not so identified.
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DEMAND FOR EXPERT WITNESSES
1. The name and address of each expert witness which you expect to call at the trial of this
action.
2. The subject matter in reasonable detail upon which each such expert is expected to testify.
3. The substance of the facts and opinions upon which each such expert is expected to testify.
4. The qualifications of each such expert witness.
5. A summary of the grounds for each such expert(s) opinion.
6. Provide a copy of each such expert's report furnished to you or your client(s).
PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call as
a witness on the trial of this action intends to rely upon or introduce into evidence any portion of
any technical standard or learned treatise, you are hereby required to identify any such standard
or treatise, including in the case of standards, the issuing body and the standard number; in the
case of books, author, title, publication date and publisher; and in the case of journal articles,
journal title, volume number, page, publication date and publisher.
DEMAND FOR ACCIDENT REPORTS
All accident reports and/or motor vehicle accident reports in your client(s)' possession,
pursuant to C.P.L.R. 3101(g).
DEMAND FOR STATEMENT
Copy(ies) of each and every written statement or the transcript of each and every oral
statement which it will be alleged was made by or attributed to the party(ies) we represent in this
action. If none, so state.
DEMAND FOR PHOTOGRAPHS
Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)'
possession, pertaining to the accident site, defective conditions(s) claimed and/or
instrumentality(ies) in issue.
DEMAND FOR INCOME TAX RETURNS
Copies of plaintiff'(s) income tax returns for a period of three (3) years preceding the date
of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed,
acknowledged and current authorization allowing this office to obtain the plaintiff's tax records
for a period of three (3) years before the accident in question. This authorization must include
two forms of identification, including one photo identification.
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DEMAND FOR SCHOOL AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations that expire upon the conclusion
of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the
undersigned to obtain copies of the school records of the plaintiff(s) from the beginning of the
school year preceding the date of accident as set forth in the complaint to the present period of
any disability claimed.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations that expire upon the conclusion
of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the
undersigned to obtain copies of the employment records of the plaintiff(s) from three (3) years
preceding the date of accident as set forth in plaintiff(s) complaint to the present period of any
disability claimed.
DEMAND FOR NO-FAULT RECORDS
If a claim has been or will be made by plaintiff(s) 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 and/or claim:
1. Set forth the name, address, policy number and claim number of each company to
which a claim has been made or will be made.
2. Set forth duly executed and acknowledged written authorizations that expire upon
the conclusion of litigation enabling the undersigned to obtain copies of the records
relating to the plaintiff(s) from each company identified in the response to the above.
DEMAND FOR WORKER'S COMPENSATION RECORDS
If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the
Worker's Compensation Law, with respect to each and every application:
1. Set forth name, address, policy number to which a claim has been or will be made,
together with the Worker's Compensation Board file number.
2. Set forth duly executed and acknowledged written authorizations that expire upon
the conclusion of litigation enabling the undersigned to obtain copies of the records
relating to the plaintiff(s) from each company identified in response to the above.
DEMAND FOR DISABILITY RECORDS
If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the
Social Security Laws, with respect to each and every application and/or claim:
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1. Set forth the claim office, address and the claim number assigned.
2. Set forth duly executed and acknowledged written authorizations that expire upon
the conclusion of litigation enabling the undersigned to obtain copies of the records
relating to the plaintiff(s).
DEMAND FOR INFORMATION ON COLLATERAL SOURCE
A statement pursuant to C.P.L.R. 4545(c), in writing, under oath, setting forth the
following:
1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e)
loss of earnings, or (f) other economic loss that was or will be replaced or
indemnified by (a) insurance, (b) Social Security, (c) worker's compensation, (d)
employee benefit programs or (e) other source, not including No-Fault basic
economic loss in automobile cases, which the plaintiff(s) intend to prove as special
damages.
2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period
preceding the accrual of his/her/their cause of action.
4. The amount of premiums actually paid by the plaintiff(s) between the accrual of
his/her/their cause of action and the present date.
5. The projected future costs of the plaintiff(s) maintaining such benefits.
DEMAND FOR MEDICAL INFORMATION
1. The names and addresses of all physicians or other health care providers of every description
who have consulted, examined or treated the plaintiff(s) for each of the conditions alleged caused
by, or exacerbated by, the occurrence described in the complaint including the date of such
treatment or examination.
2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to any
hospital(s), clinics, or other health care facility in which the plaintiff(s) herein claiming injury,
consulted, examined or treated due to the occurrence set forth in the complaint, authorizing the
undersigned to obtain a copy of:
the entire record or records including x-rays, and technicians' reports and a separate
authorization for intraoperative photographs.
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3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the
undersigned to obtain copies of the complete office medical records relating to the plaintiff(s)
from each physician or health care provider identified in (1) above.
4. Medical reports of those medical providers who have previously treated or examined the party
seeking recovery. These shall include a detailed recital of the injuries and conditions as to which
testimony will be offered at the trial, referring to and identifying those x-ray and technicians’
reports which will be offered at the trial, including a description of the injuries, a diagnosis and a
prognosis.
5. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is
hereby made with respect to the pre-existing condition or injury for duly executed and
acknowledged current authorizations to allow the undersigned to obtain:
a) copies of the complete medical records, reports, notes, correspondence, etc. from all
physicians, health care providers, hospitals, health care facilities, physical therapists,
chiropractors, etc., that treated or examined plaintiff(s);
b) the films and reports of all diagnostic tests (including, but not limited to MRIs,CT
scans and x-rays) that were taken as a result of the prior accident/injury;
c) intraoperative photos
d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s); and
e) copies of the complete legal files and no-fault files (if applicable)
6. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical
treatment then with respect to that prior treatment, demand is hereby made for duly executed and
acknowledged current authorizations to allow the undersigned to obtain:
a) copies of the complete medical records, reports, notes, correspondence, etc. from all
physicians, health care providers, hospitals, health care facilities physical therapists,
chiropractors, etc. that treated plaintiff(s);
b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT
scans, and x-rays) that were taken;
c) intraoperative photos
d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s); and
e) copies of the complete legal files and no-fault files (if applicable).
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7. If since the date of the accident complained of in plaintiff’(s) complaint, plaintiff(s) have re-
injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby
made for duly executed and acknowledged current authorizations to allow the undersigned to
obtain:
a) copies of the complete medical records, reports, notes, correspondence, etc., all
physicians, health care providers, hospitals, physical therapists, chiropractors, etc. that
treated plaintiff(s) as a result of the re-injury;
b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT
scans, and x-rays) that were taken as a result of the re-injury;
c) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s) as a result of the re-injury; and
d) copies of the complete legal files and no-fault files (if applicable) relating to the re-
injury.
PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration date
of, “the completion of litigation".
PLEASE TAKE FURTHER NOTICE that each of these authorizations must include
complete names, addresses, and any and all pertinent identifying information.
DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25)
days of the date of these demands at the office of: James G. Bilello & Associates, 100 Duffy
Avenue, Suite 500, Hicksville, New York 11801.
COMPLIANCE may be effectuated by sending true copies of the requested material,
where applicable, to the undersigned before the due date herein.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these
demands, the party(ies) we represent shall make an application to stay all proceedings herein, in
addition to sanctions and other relief to be granted.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
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516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218
()
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
- against - NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION
JOHN DOE, said name is being fictitious and
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
Please take notice that, pursuant to Article 31 of the Civil Practice Law and Rules, the
testimony, upon oral examination of all adverse party(ies) will be taken before a Notary Public
who is not an attorney, or employee of an attorney for any party or prospective party herein, and
is not a person who would be disqualified to act as a juror because of interest or because of
consanguinity or affinity to any party herein, shall be taken at THE ABOVE CAPTIONED
COURTHOUSE on a date and time to be set at a preliminary conference with respect to
necessary evidence and material in the prosecution or defense of this action:
All of the relevant facts and circumstances in connection with the accident which
occurred on September 17, 2019, including negligence, contributory negligence, liability and
damages.
That the said person to be examined is required to produce at such examination the
following: all relevant material.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218
()
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
REFUSAL TO ACCEPT SERVICE BY
- against - FACSIMILE TRANSMISSION
JOHN DOE, said name is being fictitious and Index No: 508561/2021
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
PLEASE TAKE NOTICE that James G. Bilello & Associates, attorneys for plaintiff on
counterclaim, , does not accept service by electronic transmission (“FAX") except upon written
permission given at least twenty-four (24) hours prior to such service. Listing a FAX number on
the office letterhead is not consent to service of litigation papers by such method.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218
()
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
NOTICE TO SUBMIT TO PHYSICAL
- against - EXAMINATION
JOHN DOE, said name is being fictitious and Index No: 508561/2021
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
PLEASE TAKE NOTICE that Plaintiff on Counterclaim, Wade S. Williams, by attorney,
James G. Bilello & Associates, require that plaintiff submit to physical examination(s) on a date
after examination(s) before trial are completed and after all pertinent medical information has
been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17.
PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule a
date and location for the physical examinations.
DATED: Hicksville, New York
October 21, 2022
Shanti Tuthill, Esq.
James G. Bilello & Associates
Attorneys for Plaintiff on Counterclaim
Wade S. Williams
100 Duffy Avenue, Suite 500,
Hicksville, New York 11801
516-861-1781
516-861-1801
STuthill@geico.com
Our File No: 21-0151185
Claim No: 0409025090101218
()
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Index #: 508561/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL PEART
Plaintiff(s)
REPLY TO
- against -
COUNTERCLAIM
JOHN DOE, said name is being fictitious and Index No: 508561/2021
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
James G. Bilello & Associates
Attorneys for Plaintiff on the Counterclaim
Wade S. Williams
Office and Post Office Address
100 Duffy Avenue, Suite 500
Hicksville, New York 11801
516-861-1781
---------------------------------------------------------------------------------------------------------------------
TO: Rankin Savidge PLLC
Davidoff Law, PC Attorney for Defendant
Attorneys for Plaintiff(s) Darrin Holland
Wade Williams and Crystal Peart 1527 Franklin Ave. Ste 100
10818 Queens Blvd STE 404 Mineola, New York 11501
Forest Hills, New York 11375-4750
---------------------------------------------------------------------------------------------------------------------
Due and timely service of a copy of the within REPLY TO COUNTERCLAIM is hereby
admitted.
Dated October 21, 2022
Attorney(s) for
---------------------------------------------------------------------------------------------------------------------
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Index #: 508561/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WADE S. WILLIAMS and CHRYSTAL
PEART
Plaintiff(s)
REPLY TO
- against - COUNTERCLAIM
JOHN DOE, said name is being fictitious and Index #: 508561/2021
unknown, DARRIN HOLLAND and EAN
HOLDINGS LLC
Defendant(s)
CERTIFICATION PURSUANT TO SECTION 130-1.1a
OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR)
The undersigned certifies the following documents purs
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FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) REPLY TO COUNTERCLAIM OF THE - against - DEFENDANT DARRIN HOLLAND JOHN DOE, said name is being fictitious and Index #: 508561/2021 unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) Plaintiff on the Counterclaim Wade S. Williams, by the undersigned, replying to the counterclaim of the defendant Darrin Holland, upon information and belief, states as follows: GENERAL DENIAL TO ALL ALLEGATIONS CONTAINED IN THE COUNTERCLAIM. AS AND FOR AN AFFIRMATIVE DEFENSE – COMPARATIVE NEGLIGENCE The personal injuries and/or property damage alleged to have been sustained by the plaintiff(s), Wade Williams, were caused entirely or in part through the culpable conduct attributable to said plaintiff(s) and/or the culpable conduct of the defendants and the Plaintiff on Counterclaim seeks a dismissal or reduction in any recovery had by the plaintiff(s), Wade Williams, in the proportion which the culpable conduct attributable to the plaintiff(s), Wade Williams and the Defendant(s) bears to the culpable conduct which caused the damages. AS AND FOR AN AFFIRMATIVE DEFENSE – SEAT BELT The plaintiff(s) passenger(s) damages must be mitigated by the plaintiff(s) passenger(s) failure to use the available seat belts or infant restraining devices and that the damages claimed to have been sustained were caused by the lack of use of said seat belts and/or infant restraining devices. AS AND FOR AN AFFIRMATIVE DEFENSE – COLLATERAL SOURCE The costs incurred, or paid by plaintiff(s), if any, for medical care, dental care, custodial care or rehabilitation services, loss of earning or other economic loss, in the past or future, were or will, with reasonable certainty be replaced or indemnified, in whole or in part, from a collateral source of the type described in CPLR §4545 and defendant is entitled to have any award reduced in the amount of such payments. AS AND FOR AN AFFIRMATIVE DEFENSE – GENERAL OBLIGATIONS LAW Plaintiff(s) recovery must be offset by a settlement pursuant General Obligations Law section 15-108. AS AND FOR AN AFFIRMATIVE DEFENSE – EMERGENCY DOCTRINE The defendant operator was faced with an emergency situation and acted as reasonably as possible under the situation. A person faced with an emergency who acts as a reasonably prudent 1 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 person would act in the same emergency is not negligent even if it later appears that the defendant did not make the safest choice or exercise the best judgment. AS AND FOR AN AFFIRMATIVE DEFENSE -- FAILURE TO STATE CAUSE OF ACTION Plaintiff(s) complaint fails to state a cause of action for which relief can be granted. AS AND FOR AN AFFIRMATIVE DEFENSE – SERIOUS INJURY Plaintiff did not sustain a serious injury pursuant to Insurance Law Sections 5102 and 5104. WHEREFORE, Plaintiff on the Counterclaim, Wade S. Williams, hereby demands judgment dismissing the counterclaim of the defendant, Darrin Holland, together with the costs and disbursements of this action. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218 TO: Davidoff Law, PC Attorneys for Plaintiff(s) Wade Williams and Crystal Peart 10818 Queens Blvd STE 404 Forest Hills, New York 11375-4750 Rankin Savidge PLLC Attorney for Defendant Darrin Holland 1527 Franklin Ave. Ste 100 Mineola, New York 11501 2 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 VERIFICATION Shanti Tuthill, Esq., an attorney admitted to practice in the Courts of this State, and associated with the firm of James G. Bilello & Associates, attorneys for the Plaintiff on Counterclaim, Wade S. Willaims, states. That your affirmant has read the foregoing Reply to Counterclaim and knows the contents thereof; that the same is true to your affirmant's own knowledge except as to the matters which are stated therein to be alleged on information and belief, and as to those matters your affirmant believes it to be true. The source of your affirmant's information and belief, is an investigation caused to be made with respect to the facts in this action. That the reason this verification is made by affirmant and not by the plaintiff is because the plaintiff does not reside within the county where James G. Bilello & Associates, maintains their office. The undersigned affirms that the foregoing statement is true, under penalties of perjury. Date: Hicksville, New York October 21, 2022 _______________________________________ Shanti Tuthill, Esq. 3 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) DEMAND FOR - against - A VERIFIED BILL OF PARTICULARS JOHN DOE, said name is being fictitious and unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) PLEASE TAKE NOTICE that the plaintiff on Counterclaim, Wade S. Williams, hereby demands that you serve upon the undersigned within twenty days from date of service herein, a verified bill of particulars concerning the following matters: 1. A general statement of the acts or omissions, constituting the negligence of the Plaintiff on Counterclaim. 2. A copy of the plaintiff's Bill of Particulars. PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the undersigned will move for (1) an order precluding defendant from giving evidence at the trial of the items of which particulars have not been furnished; (2) an order staying all proceedings in this action pursuant to Civil Practice Law and Rule 3042; and (3) such other and further relief as the court may deem just and proper. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218() 4 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) - against - COMBINED DEMAND FOR DISCOVERY AND INSPECTION JOHN DOE, said name is being fictitious and unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the undersigned, the following: DEMAND FOR INDEX NUMBER Pursuant to the filing requirements of Section 306-a of the C.P.L.R. and the notice requirements of 22 N.Y.C.R.R. 202.5, you are to advise in writing of the County Clerk's Index Number assigned to this action. DEMAND FOR ALL PARTIES APPEARING A list of names of all parties that have appeared in this action, together with the names and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R. DEMAND FOR PRIOR PROCEEDINGS Copies of all previously served: 1. Pleadings and amended pleadings. 2. Transcripts of examinations before trial heretofore conducted. 3. Bills of Particulars. 4. Medical reports and hospital records submitted by the plaintiff(s). 5. The medical reports of any physical examination conducted of the plaintiff(s) on behalf of the defendant(s). 6. Notices to Admit and the answers thereto. 7. Notices for Discovery and Inspection and all papers supplied in response. 5 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 8. Calendar papers, including and not limited to, trial note(s) of issue, or notice(s) for trial, certificate(s) or statement(s) of readiness; request for judicial intervention; preliminary conference order(s); order(s) and outstanding motion(s). DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON COUNTERCLAIM AND/OR CO-DEFENDANT(S) Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect and copy the contents of any insurance agreement under which any person or entity carrying on an insurance business may be liable to satisfy part or all of the judgment which may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including by not limited to excess and additional coverage. If there is no excess or additional coverage and there is the only one insurer liable to satisfy part or all of a judgment which may be entered in this action, then the undersigned demands a sworn affidavit from your client stating this. DEMAND FOR WITNESSES Pursuant to C.P.L.R. 3101(a) and the cases of Zellman v. Metropolitan Transportation Authority, 40 A.D., 2d 248, 339 N.Y.S. 2d 255, and Zayas v. Morales, 45 A.D. 2d 610, 360 N.Y.S. 2d 279, and this demand, you are requested to produce and permit discovery by the undersigned or another acting on their behalf of the following: Names and addresses of all persons that: 1. witnessed the occurrence, 2. have knowledge of the nature and duration of any alleged condition(s) proximately causing this occurrence, 3. witnessed or have firsthand knowledge of notice given to the party(ies) we represent and/or any other party in this action, 4. have firsthand knowledge of facts and circumstances regarding this occurrence, 5. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence, 6. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence that you intend to call as witnesses at trial. PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives, obtain names and addresses of such persons subsequent to their response to this notice, such information is to be furnished to the undersigned whenever so obtained. The undersigned will object at the time of trial of this action the testimony of any persons not so identified. 6 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 DEMAND FOR EXPERT WITNESSES 1. The name and address of each expert witness which you expect to call at the trial of this action. 2. The subject matter in reasonable detail upon which each such expert is expected to testify. 3. The substance of the facts and opinions upon which each such expert is expected to testify. 4. The qualifications of each such expert witness. 5. A summary of the grounds for each such expert(s) opinion. 6. Provide a copy of each such expert's report furnished to you or your client(s). PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call as a witness on the trial of this action intends to rely upon or introduce into evidence any portion of any technical standard or learned treatise, you are hereby required to identify any such standard or treatise, including in the case of standards, the issuing body and the standard number; in the case of books, author, title, publication date and publisher; and in the case of journal articles, journal title, volume number, page, publication date and publisher. DEMAND FOR ACCIDENT REPORTS All accident reports and/or motor vehicle accident reports in your client(s)' possession, pursuant to C.P.L.R. 3101(g). DEMAND FOR STATEMENT Copy(ies) of each and every written statement or the transcript of each and every oral statement which it will be alleged was made by or attributed to the party(ies) we represent in this action. If none, so state. DEMAND FOR PHOTOGRAPHS Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)' possession, pertaining to the accident site, defective conditions(s) claimed and/or instrumentality(ies) in issue. DEMAND FOR INCOME TAX RETURNS Copies of plaintiff'(s) income tax returns for a period of three (3) years preceding the date of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed, acknowledged and current authorization allowing this office to obtain the plaintiff's tax records for a period of three (3) years before the accident in question. This authorization must include two forms of identification, including one photo identification. 7 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 DEMAND FOR SCHOOL AUTHORIZATIONS Set forth duly executed and acknowledged authorizations that expire upon the conclusion of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the school records of the plaintiff(s) from the beginning of the school year preceding the date of accident as set forth in the complaint to the present period of any disability claimed. DEMAND FOR EMPLOYMENT AUTHORIZATIONS Set forth duly executed and acknowledged authorizations that expire upon the conclusion of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment records of the plaintiff(s) from three (3) years preceding the date of accident as set forth in plaintiff(s) complaint to the present period of any disability claimed. DEMAND FOR NO-FAULT RECORDS If a claim has been or will be made by plaintiff(s) 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 and/or claim: 1. Set forth the name, address, policy number and claim number of each company to which a claim has been made or will be made. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in the response to the above. DEMAND FOR WORKER'S COMPENSATION RECORDS If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the Worker's Compensation Law, with respect to each and every application: 1. Set forth name, address, policy number to which a claim has been or will be made, together with the Worker's Compensation Board file number. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in response to the above. DEMAND FOR DISABILITY RECORDS If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social Security Laws, with respect to each and every application and/or claim: 8 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 1. Set forth the claim office, address and the claim number assigned. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s). DEMAND FOR INFORMATION ON COLLATERAL SOURCE A statement pursuant to C.P.L.R. 4545(c), in writing, under oath, setting forth the following: 1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e) loss of earnings, or (f) other economic loss that was or will be replaced or indemnified by (a) insurance, (b) Social Security, (c) worker's compensation, (d) employee benefit programs or (e) other source, not including No-Fault basic economic loss in automobile cases, which the plaintiff(s) intend to prove as special damages. 2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period preceding the accrual of his/her/their cause of action. 4. The amount of premiums actually paid by the plaintiff(s) between the accrual of his/her/their cause of action and the present date. 5. The projected future costs of the plaintiff(s) maintaining such benefits. DEMAND FOR MEDICAL INFORMATION 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff(s) for each of the conditions alleged caused by, or exacerbated by, the occurrence described in the complaint including the date of such treatment or examination. 2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to any hospital(s), clinics, or other health care facility in which the plaintiff(s) herein claiming injury, consulted, examined or treated due to the occurrence set forth in the complaint, authorizing the undersigned to obtain a copy of: the entire record or records including x-rays, and technicians' reports and a separate authorization for intraoperative photographs. 9 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the undersigned to obtain copies of the complete office medical records relating to the plaintiff(s) from each physician or health care provider identified in (1) above. 4. Medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-ray and technicians’ reports which will be offered at the trial, including a description of the injuries, a diagnosis and a prognosis. 5. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is hereby made with respect to the pre-existing condition or injury for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc. from all physicians, health care providers, hospitals, health care facilities, physical therapists, chiropractors, etc., that treated or examined plaintiff(s); b) the films and reports of all diagnostic tests (including, but not limited to MRIs,CT scans and x-rays) that were taken as a result of the prior accident/injury; c) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and e) copies of the complete legal files and no-fault files (if applicable) 6. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical treatment then with respect to that prior treatment, demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc. from all physicians, health care providers, hospitals, health care facilities physical therapists, chiropractors, etc. that treated plaintiff(s); b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken; c) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and e) copies of the complete legal files and no-fault files (if applicable). 10 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 7. If since the date of the accident complained of in plaintiff’(s) complaint, plaintiff(s) have re- injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc., all physicians, health care providers, hospitals, physical therapists, chiropractors, etc. that treated plaintiff(s) as a result of the re-injury; b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken as a result of the re-injury; c) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s) as a result of the re-injury; and d) copies of the complete legal files and no-fault files (if applicable) relating to the re- injury. PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration date of, “the completion of litigation". PLEASE TAKE FURTHER NOTICE that each of these authorizations must include complete names, addresses, and any and all pertinent identifying information. DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25) days of the date of these demands at the office of: James G. Bilello & Associates, 100 Duffy Avenue, Suite 500, Hicksville, New York 11801. COMPLIANCE may be effectuated by sending true copies of the requested material, where applicable, to the undersigned before the due date herein. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands, the party(ies) we represent shall make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 11 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218 () 12 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) - against - NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION JOHN DOE, said name is being fictitious and unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) Please take notice that, pursuant to Article 31 of the Civil Practice Law and Rules, the testimony, upon oral examination of all adverse party(ies) will be taken before a Notary Public who is not an attorney, or employee of an attorney for any party or prospective party herein, and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, shall be taken at THE ABOVE CAPTIONED COURTHOUSE on a date and time to be set at a preliminary conference with respect to necessary evidence and material in the prosecution or defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on September 17, 2019, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: all relevant material. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218 () 13 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) REFUSAL TO ACCEPT SERVICE BY - against - FACSIMILE TRANSMISSION JOHN DOE, said name is being fictitious and Index No: 508561/2021 unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) PLEASE TAKE NOTICE that James G. Bilello & Associates, attorneys for plaintiff on counterclaim, , does not accept service by electronic transmission (“FAX") except upon written permission given at least twenty-four (24) hours prior to such service. Listing a FAX number on the office letterhead is not consent to service of litigation papers by such method. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218 () 14 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) NOTICE TO SUBMIT TO PHYSICAL - against - EXAMINATION JOHN DOE, said name is being fictitious and Index No: 508561/2021 unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) PLEASE TAKE NOTICE that Plaintiff on Counterclaim, Wade S. Williams, by attorney, James G. Bilello & Associates, require that plaintiff submit to physical examination(s) on a date after examination(s) before trial are completed and after all pertinent medical information has been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17. PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule a date and location for the physical examinations. DATED: Hicksville, New York October 21, 2022 Shanti Tuthill, Esq. James G. Bilello & Associates Attorneys for Plaintiff on Counterclaim Wade S. Williams 100 Duffy Avenue, Suite 500, Hicksville, New York 11801 516-861-1781 516-861-1801 STuthill@geico.com Our File No: 21-0151185 Claim No: 0409025090101218 () 15 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 Index #: 508561/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) REPLY TO - against - COUNTERCLAIM JOHN DOE, said name is being fictitious and Index No: 508561/2021 unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) James G. Bilello & Associates Attorneys for Plaintiff on the Counterclaim Wade S. Williams Office and Post Office Address 100 Duffy Avenue, Suite 500 Hicksville, New York 11801 516-861-1781 --------------------------------------------------------------------------------------------------------------------- TO: Rankin Savidge PLLC Davidoff Law, PC Attorney for Defendant Attorneys for Plaintiff(s) Darrin Holland Wade Williams and Crystal Peart 1527 Franklin Ave. Ste 100 10818 Queens Blvd STE 404 Mineola, New York 11501 Forest Hills, New York 11375-4750 --------------------------------------------------------------------------------------------------------------------- Due and timely service of a copy of the within REPLY TO COUNTERCLAIM is hereby admitted. Dated October 21, 2022 Attorney(s) for --------------------------------------------------------------------------------------------------------------------- 16 of 18 FILED: KINGS COUNTY CLERK 10/25/2022 05:08 PM INDEX NO. 508561/2021 NYSCEF DOC. NO. 151 RECEIVED NYSCEF: 10/25/2022 Index #: 508561/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WADE S. WILLIAMS and CHRYSTAL PEART Plaintiff(s) REPLY TO - against - COUNTERCLAIM JOHN DOE, said name is being fictitious and Index #: 508561/2021 unknown, DARRIN HOLLAND and EAN HOLDINGS LLC Defendant(s) CERTIFICATION PURSUANT TO SECTION 130-1.1a OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR) The undersigned certifies the following documents purs