Preview
FILED: KINGS COUNTY CLERK 11/19/2018
03/23/2021 09:51
04:15 AM
PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 4
45 RECEIVED NYSCEF: 11/19/2018
03/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
.
--------------X
RAUL SANTILLAN,
INDEX NO.: 519867/2018
Plaintiff(s),
VERIFIED ANSWER,
-against - BILL OF PARTICULARS &
COMBINED DEMANDS
THE NEW WORLD SERVICE INC. AND
MANA M. WAIBA, Our File No.: 1027151
Case ID No.: 97406
Defendant(s). Your File No.: 180012
--------------------------------------X
The Defendant(s) THE NEW WORLD SERVICE INC. AND MANA M. WAIBA by
their/his/her attorneys, BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. answering the
Complaint of the Plaintiff herein, respectfully shows and alleges upon information and belief, as
follows:
ANSWER
Deny(ies) each and every allegation in the paragraphs of the Complaint designated as
follows: 1, 14, 15, 16, 17, 18, 19, 21.
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: 6, 7, 8, 10,
13, 20.
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: 23.
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.
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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, Plaintiffs 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 itis determined that said injury and damage
were caused by and contributed to the Plaintiffs 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 isdetermined 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 ofAmerica, 65 N.Y.2d 189.
SIXTH 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 Complaint3 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
Responsibility,"
Vehicle Safety and 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
attorneys'
costs, expenses and fees.
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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.
WHEREFORE
WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint in its
entirety or diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable
conduct attributable to Plaintiff(s), together with the costs, disbursements, and attorney's fees of
this action.
Dated: November 16, 2018
Brooklyn, N.Y. Baker, oy, Morrissey ovi , PC
Ad e J. Leven, Es
Attorney(s) for the De nda
THE NEW WORLD ER CE INC.
AND MANA M. WA
8th
One MetroTech Center, FlOOr
Brooklyn, New York 11201
Tel: 212-857-8230
RONALD W. RAMIREZ, ESQ.
Attorney(s) for the Plaintiff(s)
RAUL SANTILLAN
107-19 71ST AVE
FOREST HILLS, NY 11375
Tel: (718) 268-8900
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------ ------ --------------------- ----X
RAUL SANTILLAN, INDEX NO.: 519867/2018
Plaintiff(s), ATTORNEY VERIFICATIOB[
-against - Our File No.: 1027151
Case ID No.: 97406
THE NEW WORLD SERVICE INC. AND Your File No.: 180012
MANA M. WAIBA,
Defendant(s).
--·--·------------------------------ ------ X
I, ADRIANNE J. LEVEN, 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 firm of Baker, McEvoy, Morrissey &
Moskovits, P.C., 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 Baker, McEvoy, Morrissey &
Moskovits, P.C. 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 THE FIRM OF
BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED
BY AMERICAN TRANSIT INSURANCE COMPANY.
Dated: November 16, 2018
Brooklyn, NY
Adn/ ne J.Leven, Esq
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------- X
RAUL SANTILLAN, INDEX NO.: 519867/2018
Plaintiff(s), DEMAND FOR BILL OF
PARTICULARS &
- against - COMBINED DEMANDS
THE NEW WORLD SERVICE INC. AND Our File No.: 1027151
MANA M. WAIBA, Case ID No.: 97406
Your File No.: 180012
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
Plaintiffs 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 statelliciits 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 colitacts
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.
Plaintiff(s)'
9. State the make, model and the year of manufacture of vehicle, the reasonable
market value of same immediately prior to and immediately after the alleged accident.
10. If perseiial 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.
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 mjunes.
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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:
Physicians'
a. services,
b. Medical supplies,
Nurses'
c. 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).
Plaintiff(s)'
17. State Plaintiffs occupation; name & address of 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.
23. If applicable, set forth the place and date of the marriage of the decedent, ifmarried, 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.
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24. Ifapplicable, 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: November 16, 2018
Brooklyn, N.Y. Baker, McEvoy, Morrissey & Moskovits, PC
s/Adrianne J. Leven
Adrianne J. Leven, Esq.
Attorney(s) for the Defendant
THE NEW WORLD SERVICE INC.
AND MANA M. WAIBA
8h
One Metrotech Center, FI
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____ .
_____________...... -- ---------------X
RAUL SANTILLAN, INDEX NO.: 519867/2018
Plaintiff(s), NOTICE FOR DISCOVERY
& INSPECTION
- against -
Our File No.: 1027151
THE NEW WORLD SERVICE INC. AND Case ID No.: 97406
MANA M. WAIBA, Your File No.: 180012
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
8th
BAKER, MCEVOY, MORRISSEY & MOSKOVITS, PC, ONE METROTECH CENTER,
FLOOR, BROOKLYN, NY 11201, at which time said articles, documents and things will be
physically inspected, copied tested, photographed, and ñiechanically 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, ifreceived by the undersigned at least
Plaintiff(s)'
five (5) days prior to the return date hereof, together with a letter from the 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 occu11o11oo 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
Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g).
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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.
physician(s)'
12. Authorization to obtain all treating 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 Plaintiffs 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: November 16, 2018
Brooklyn, N.Y. Baker, McEvoy, Morrissey & Moskovits, PC
s/Adrianne J. Leven
Adrianne J. Leven, Esq.
Attorney(s) for the Defendant
THE NEW WORLD SERVICE INC.
AND MANA M. WAIBA
8h
One Metrotech Center, F1
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------
---X
RAUL SANTILLAN, INDEX NO.: 519867/2018
Plaintiff(s), NOTICE PURSUANT
TO CPLR 2103(e}
- against -
Our File No.: 1027151
THE NEW WORLD SERVICE INC. AND Case ID No.: 97406
MANA M. WAIBA, Your File No.: 180012
Defendant(s).
---- ------------------
---------------X
PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demañd hereby is made upon
you to supply the undersigned, in writing, with a list of those parties who have appeared in the
action andthe names and addresses of their attorneys.
Dated: November 16, 2018
Brooklyn, NY Baker, McEvoy, Morrissey & Moskovits, PC
s/Adrianne J. Leven
Adrianne J. Leven, Esq.
Attorney(s) for the Defendant
THE NEW WORLD SERVICE INC.
AND MANA M. WAIBA
8h
One Metrotech Center,
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------- ------------------------------ ----X
RAUL SANTILLAN, INDEX NO.: 519867/2018
Plaintiff(s), DEMAND FOR MEDICAL
INFORMATION & FOR
- against - PHYSICAL EXAMINATION
THE NEW WORLD SERVICE INC. AND Our File No.: 1027151
MANA M. WAIBA, Case ID No.: 97406
Your File No.: 180012
Defendant(s).
--------------------------- ----------------X
PLEASE TAKE NOTICE that pursuant to the Rules of Court, you are required to serve
upon and deliver to the undersigned and all other parties to the action, the following:
1. Copies of the medical reports of those physicians who have previously treated or
examined the party seeking recovery and who will testify on his behalf. These shall
include a detailed recital of the injuries and conditions as to which testimony will be
technicians'
offered at the trial, referring to and identifying those x-rays and reports
which will be offered at the trial.
2. Duly executed and acknowledged written authorization permitting all parties to obtain
and make copies of all hospital records and such other records, including x-rays, MRI
films, surgical reports, toxicology reports, pathology reports, reports of all treating
technicians'
physicians and reports, as may be referred to and identiñed in the statement
of the examined party's physician. All authorizations must be HIPAA compliant pursuant
to Sec. 164.508 of the federally mandated and Final Privacy Rule.
The above shall be the basis for the holding of a physical examination(s), which is hereby
being demanded and will be held after all pertinent medicals are obtained by this office.
Dated: November 16, 2018
Brooklyn, NY Baker, McEvoy, Morrissey & Moskovits, PC
s/Adrianne J. Leven
Adrianne J. Leven, Esq.
Attorney(s) for the Defendant
THE NEW WORLD SERVICE INC.
AND MANA M. WAIBA
8h
One Metrotech Center,
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 519867/2018
--------------------------------------------------------------X
RAUL SANTILLAN, COMBINED DEMANDS FOR:
Preview
FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS . --------------X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), VERIFIED ANSWER, -against - BILL OF PARTICULARS & COMBINED DEMANDS THE NEW WORLD SERVICE INC. AND MANA M. WAIBA, Our File No.: 1027151 Case ID No.: 97406 Defendant(s). Your File No.: 180012 --------------------------------------X The Defendant(s) THE NEW WORLD SERVICE INC. AND MANA M. WAIBA by their/his/her attorneys, BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. answering the Complaint of the Plaintiff herein, respectfully shows and alleges upon information and belief, as follows: ANSWER Deny(ies) each and every allegation in the paragraphs of the Complaint designated as follows: 1, 14, 15, 16, 17, 18, 19, 21. 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: 6, 7, 8, 10, 13, 20. 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: 23. 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. 1 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 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, Plaintiffs 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 itis determined that said injury and damage were caused by and contributed to the Plaintiffs 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 isdetermined 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 ofAmerica, 65 N.Y.2d 189. SIXTH 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 Complaint3 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 Responsibility," Vehicle Safety and 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 attorneys' costs, expenses and fees. 2 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 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. WHEREFORE WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint in its entirety or diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct attributable to Plaintiff(s), together with the costs, disbursements, and attorney's fees of this action. Dated: November 16, 2018 Brooklyn, N.Y. Baker, oy, Morrissey ovi , PC Ad e J. Leven, Es Attorney(s) for the De nda THE NEW WORLD ER CE INC. AND MANA M. WA 8th One MetroTech Center, FlOOr Brooklyn, New York 11201 Tel: 212-857-8230 RONALD W. RAMIREZ, ESQ. Attorney(s) for the Plaintiff(s) RAUL SANTILLAN 107-19 71ST AVE FOREST HILLS, NY 11375 Tel: (718) 268-8900 3 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------ ------ --------------------- ----X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), ATTORNEY VERIFICATIOB[ -against - Our File No.: 1027151 Case ID No.: 97406 THE NEW WORLD SERVICE INC. AND Your File No.: 180012 MANA M. WAIBA, Defendant(s). --·--·------------------------------ ------ X I, ADRIANNE J. LEVEN, 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 firm of Baker, McEvoy, Morrissey & Moskovits, P.C., 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 Baker, McEvoy, Morrissey & Moskovits, P.C. 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 THE FIRM OF BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED BY AMERICAN TRANSIT INSURANCE COMPANY. Dated: November 16, 2018 Brooklyn, NY Adn/ ne J.Leven, Esq 4 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------- X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), DEMAND FOR BILL OF PARTICULARS & - against - COMBINED DEMANDS THE NEW WORLD SERVICE INC. AND Our File No.: 1027151 MANA M. WAIBA, Case ID No.: 97406 Your File No.: 180012 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 Plaintiffs 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 statelliciits 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 colitacts 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. Plaintiff(s)' 9. State the make, model and the year of manufacture of vehicle, the reasonable market value of same immediately prior to and immediately after the alleged accident. 10. If perseiial 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. 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 mjunes. 5 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 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: Physicians' a. services, b. Medical supplies, Nurses' c. 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). Plaintiff(s)' 17. State Plaintiffs occupation; name & address of 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. 23. If applicable, set forth the place and date of the marriage of the decedent, ifmarried, 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. 6 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 24. Ifapplicable, 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: November 16, 2018 Brooklyn, N.Y. Baker, McEvoy, Morrissey & Moskovits, PC s/Adrianne J. Leven Adrianne J. Leven, Esq. Attorney(s) for the Defendant THE NEW WORLD SERVICE INC. AND MANA M. WAIBA 8h One Metrotech Center, FI Brooklyn, NY11201 Tel: (212) 857-8230 7 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____ . _____________...... -- ---------------X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), NOTICE FOR DISCOVERY & INSPECTION - against - Our File No.: 1027151 THE NEW WORLD SERVICE INC. AND Case ID No.: 97406 MANA M. WAIBA, Your File No.: 180012 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 8th BAKER, MCEVOY, MORRISSEY & MOSKOVITS, PC, ONE METROTECH CENTER, FLOOR, BROOKLYN, NY 11201, at which time said articles, documents and things will be physically inspected, copied tested, photographed, and ñiechanically 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, ifreceived by the undersigned at least Plaintiff(s)' five (5) days prior to the return date hereof, together with a letter from the 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 occu11o11oo 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 Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g). 8 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 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. physician(s)' 12. Authorization to obtain all treating 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 Plaintiffs 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: November 16, 2018 Brooklyn, N.Y. Baker, McEvoy, Morrissey & Moskovits, PC s/Adrianne J. Leven Adrianne J. Leven, Esq. Attorney(s) for the Defendant THE NEW WORLD SERVICE INC. AND MANA M. WAIBA 8h One Metrotech Center, F1 Brooklyn, NY11201 Tel: (212) 857-8230 9 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------- ---X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), NOTICE PURSUANT TO CPLR 2103(e} - against - Our File No.: 1027151 THE NEW WORLD SERVICE INC. AND Case ID No.: 97406 MANA M. WAIBA, Your File No.: 180012 Defendant(s). ---- ------------------ ---------------X PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demañd hereby is made upon you to supply the undersigned, in writing, with a list of those parties who have appeared in the action andthe names and addresses of their attorneys. Dated: November 16, 2018 Brooklyn, NY Baker, McEvoy, Morrissey & Moskovits, PC s/Adrianne J. Leven Adrianne J. Leven, Esq. Attorney(s) for the Defendant THE NEW WORLD SERVICE INC. AND MANA M. WAIBA 8h One Metrotech Center, Brooklyn, NY11201 Tel: (212) 857-8230 10 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------- ------------------------------ ----X RAUL SANTILLAN, INDEX NO.: 519867/2018 Plaintiff(s), DEMAND FOR MEDICAL INFORMATION & FOR - against - PHYSICAL EXAMINATION THE NEW WORLD SERVICE INC. AND Our File No.: 1027151 MANA M. WAIBA, Case ID No.: 97406 Your File No.: 180012 Defendant(s). --------------------------- ----------------X PLEASE TAKE NOTICE that pursuant to the Rules of Court, you are required to serve upon and deliver to the undersigned and all other parties to the action, the following: 1. Copies of the medical reports of those physicians who have previously treated or examined the party seeking recovery and who will testify on his behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be technicians' offered at the trial, referring to and identifying those x-rays and reports which will be offered at the trial. 2. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of all hospital records and such other records, including x-rays, MRI films, surgical reports, toxicology reports, pathology reports, reports of all treating technicians' physicians and reports, as may be referred to and identiñed in the statement of the examined party's physician. All authorizations must be HIPAA compliant pursuant to Sec. 164.508 of the federally mandated and Final Privacy Rule. The above shall be the basis for the holding of a physical examination(s), which is hereby being demanded and will be held after all pertinent medicals are obtained by this office. Dated: November 16, 2018 Brooklyn, NY Baker, McEvoy, Morrissey & Moskovits, PC s/Adrianne J. Leven Adrianne J. Leven, Esq. Attorney(s) for the Defendant THE NEW WORLD SERVICE INC. AND MANA M. WAIBA 8h One Metrotech Center, Brooklyn, NY11201 Tel: (212) 857-8230 11 of 21 FILED: KINGS COUNTY CLERK 11/19/2018 03/23/2021 09:51 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 4 45 RECEIVED NYSCEF: 11/19/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 519867/2018 --------------------------------------------------------------X RAUL SANTILLAN, COMBINED DEMANDS FOR: