Preview
FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------X
CONSTANCE MANSFIELD, DISCLOSURE DEMAND
Plaintiff, Index No. 606238/2021
-against-
EMILY A. DAMATO and ANTHONY S. DAMATO,
Defendants.
--------------------------------------X
PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, you are hereby
required to produce for discovery, inspection, and photocopying at the offices of Pillinger Miller
Tarallo, LLP, 555 Taxter Road, 5th Floor, Elmsford, New York 10523, on September 5, 2022, at
2:00 in the afternoon of that day, the following documents and things:
1. Fresh, duly executed and notarized HIPAA-compliant authorizations from plaintiff
permitting Pillinger Miller Tarallo LLP and/or GEICO to obtain plaintiff’s medical records from
all medical care providers that treated plaintiff’s right elbow in March of 2022 as a result of a fall
plaintiff sustained in March of 2022.
PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand.
In the event that any of the above items are obtained after service of this demand, they are to be
furnished to the undersigned pursuant to this demand.
PLEASE TAKE FURTHER NOTICE that, upon your failure to produce the aforesaid
documents, at the time and place required in this notice, defendants will oppose any attempts to
place this case on the trial calendar of this court and/or appropriate motions for relief will be
made to this court.
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FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022
PLEASE TAKE FURTHER NOTICE that, in lieu of producing the items demanded
herein, you may serve and submit to the undersigned true and conformed copies of the items
demanded herein at any time prior to the aforesaid date.
Dated: Elmsford, New York
September 4, 2022
Yours, etc.,
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendants
Emily A. Damato and Anthony S. Damato
555 Taxter Road, 5th Floor, Elmsford, New York 10523
Office No: (914) 703-6300
PMT File No. GIC-01948/KAF
TO:
WINKLER KURTZ, LLP
Attorney for Plaintiff
Constance Mansfield
1201 Route 112, Suite 200
Port Jefferson, New York 11776
Phone: (631) 928-8000
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FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022
INDEX NO. 606238/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CONSTANCE MANSFIELD,
PLAINTIFF,
-AGAINST-
EMILY A. DAMATO AND ANTHONY S. DAMATO,
DEFENDANTS.
DISCLOSURE DEMAND
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendants
Emily A. Damato and Anthony S. Damato
555 Taxter Road, 5th Floor, Elmsford, New York 10523
(914) 703-6300
GIC-01948/KAF
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a
Kenneth A. Finder hereby certifies
that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing DISCLOSURE
DEMAND is/are neither frivolous nor frivolously presented.
Dated: Elmsford, New York
September 4, 2022 /Kenneth A. Finder/
KENNETH A. FINDER
PLEASE TAKE NOTICE
☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on
☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of
the judges of the within named Court at , on at 9:30 a.m.
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendants
Emily A. Damato and Anthony S. Damato
555 Taxter Road, 5th Floor, Elmsford, New York 10523
(914) 703-6300
PMT File No. GIC-01948/KAF
KAF/kxh
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Preview
FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X CONSTANCE MANSFIELD, DISCLOSURE DEMAND Plaintiff, Index No. 606238/2021 -against- EMILY A. DAMATO and ANTHONY S. DAMATO, Defendants. --------------------------------------X PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, you are hereby required to produce for discovery, inspection, and photocopying at the offices of Pillinger Miller Tarallo, LLP, 555 Taxter Road, 5th Floor, Elmsford, New York 10523, on September 5, 2022, at 2:00 in the afternoon of that day, the following documents and things: 1. Fresh, duly executed and notarized HIPAA-compliant authorizations from plaintiff permitting Pillinger Miller Tarallo LLP and/or GEICO to obtain plaintiff’s medical records from all medical care providers that treated plaintiff’s right elbow in March of 2022 as a result of a fall plaintiff sustained in March of 2022. PLEASE TAKE FURTHER NOTICE that the within demand is a continuing demand. In the event that any of the above items are obtained after service of this demand, they are to be furnished to the undersigned pursuant to this demand. PLEASE TAKE FURTHER NOTICE that, upon your failure to produce the aforesaid documents, at the time and place required in this notice, defendants will oppose any attempts to place this case on the trial calendar of this court and/or appropriate motions for relief will be made to this court. 1 of 3 FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022 PLEASE TAKE FURTHER NOTICE that, in lieu of producing the items demanded herein, you may serve and submit to the undersigned true and conformed copies of the items demanded herein at any time prior to the aforesaid date. Dated: Elmsford, New York September 4, 2022 Yours, etc., PILLINGER MILLER TARALLO, LLP Attorneys for Defendants Emily A. Damato and Anthony S. Damato 555 Taxter Road, 5th Floor, Elmsford, New York 10523 Office No: (914) 703-6300 PMT File No. GIC-01948/KAF TO: WINKLER KURTZ, LLP Attorney for Plaintiff Constance Mansfield 1201 Route 112, Suite 200 Port Jefferson, New York 11776 Phone: (631) 928-8000 2 of 3 FILED: SUFFOLK COUNTY CLERK 08/04/2022 02:17 PM INDEX NO. 606238/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/04/2022 INDEX NO. 606238/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CONSTANCE MANSFIELD, PLAINTIFF, -AGAINST- EMILY A. DAMATO AND ANTHONY S. DAMATO, DEFENDANTS. DISCLOSURE DEMAND PILLINGER MILLER TARALLO, LLP Attorneys for Defendants Emily A. Damato and Anthony S. Damato 555 Taxter Road, 5th Floor, Elmsford, New York 10523 (914) 703-6300 GIC-01948/KAF CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a Kenneth A. Finder hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing DISCLOSURE DEMAND is/are neither frivolous nor frivolously presented. Dated: Elmsford, New York September 4, 2022 /Kenneth A. Finder/ KENNETH A. FINDER PLEASE TAKE NOTICE ☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on ☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at , on at 9:30 a.m. PILLINGER MILLER TARALLO, LLP Attorneys for Defendants Emily A. Damato and Anthony S. Damato 555 Taxter Road, 5th Floor, Elmsford, New York 10523 (914) 703-6300 PMT File No. GIC-01948/KAF KAF/kxh 3 of 3