Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
Exhibit D
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
STATE OF NEW YORK
SUPREME COURT :: COUNTY ERIE
RANDALL CLAY, and on behalf of all other
similarly situated,
Plaintiffs,
DEMAND FOR BILL
vs. OF PARTICULARS
(RIDGE VIEW MANOR NURSING
HOME)
RIDGE VIEW MANOR NURSING HOME
WILLIAMSVILLE SUBURBAN, LLC Index No.: I2010-003907
WILLIAMSVILLE VIEW MANOR NURSING
HOME
SHERIDAN MANOR, LLC
LEGACY HEALTH CARE, LLC
RICK ZACHER
JOHN DOES 1-200
Defendants.
PLEASE TAKE NOTICE that, pursuant to Rule 3041 et sequitor of the Civil Practice
Law and Rules, you are hereby required to serve upon the undersigned attorneys for Defendant,
RIDGE VIEW MANOR NURSING HOME, within thirty (30) days after the service of this
demand, a Bill of Particulars of the Complaint, setting forth in detail the following:
1. The manner and respect in which it is claimed the said Defendant was negligent,
careless, and unskillful, including but not limited to, how said Defendant deviated from the
standard applicable to cases involving the treatment of the condition which affected the Plaintiff,
RANDALL CLAY.
1
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
2. State the condition which it is claimed the said Defendant failed to take proper
and due cognizance of, and the true condition from which the Plaintiff was suffering, which it is
claimed that said Defendant allegedly failed to guard and treat against.
3. The date or dates of the alleged negligence.
4. The dates of first and last services rendered by said Defendant.
5. The place or places where the services were rendered by said Defendant.
6. The nature, location, extent and duration of each injury which it will be claimed
was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so
state.
7. A particular statement setting forth the name and address of each and every
physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the
Complaint, providing the dates of all such treatment.
8. If it will be claimed that the aforesaid injuries necessitated any hospitalization, set
forth the name of each hospital, with the dates of confinement or out-patient treatment.
9. If it will be claimed that the aforesaid injuries necessitated treatment by any other
institutions, set forth the name of each institution with dates of confinement or out-patient
treatment.
10. If it will be claimed that the aforesaid injuries necessitated confinement to bed or
home, set forth the following:
a. The date or dates of confinement to home;
b. The date or dates of confinement to bed;
11. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
2
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
a. The name and address of the employer of Plaintiff, RANDALL CLAY, at
the time of the alleged negligence;
b. The capacity in which Plaintiff was employed;
c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to
the alleged negligence;
d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged
negligence;
e. The name and address of the employer of Plaintiff, RANDALL CLAY.
f. The loss of earnings claimed.
12. If any special damages are claimed as a result of the alleged negligence, set forth,
including, but not limited to, the following:
a. The charges for the above-named hospitals, separately listing each hospital
bill;
b. Physician’s charges;
c. Charges for medicines, itemizing the medicines charged for;
d. Nursing;
e. Other.
13. If the party who incurred the above-claimed expenses reasonably expects to
expend additional sums as a result of the alleged negligence, set forth the following:
a. Anticipated physicians’ charges;
b. Anticipated hospital charges;
c. Anticipated charges for medicines;
d. Anticipated nursing charges;
e. Anticipated other charges.
3
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
14. A particular statement as to each of the aforesaid amounts of money, setting forth:
which, if any, were covered by insurance; the name of the insurance company involved in each
case; and the amount paid in each case by said insurance company.
15. If any of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or
paid directly by a source other than insurance, a particular statement as to each setting forth the
source involved and the amount paid.
16. State with the same particularity each other act or omission not included above
which Plaintiff will claim constituted negligence on the part of said Defendant.
17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against
any other party, individual, or entity arising out of the facts and circumstances giving rise to this
suit, specifying the following:
(a) the name or names of such parties against whom additional claims are
being made;
(b) whether or not those claims have been placed into suit, and if so, state the
title of the action and venue of the action, together with the index number
of the action, if any;
(c) attach copies of any pleadings or claims served in said action or actions;
4
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
(d) state whether or not such claim or action has been settled or otherwise
resolved, and if so state the amount of such settlement and the parties with
whom such settlement was entered into; if otherwise resolved, set forth a
statement of the manner in which itwas otherwise resolved, and attach
copies of general releases or stipulations of discontinuance evidencing
such settlement, resolution or discontinuance.
Dated: Buffalo, New York
August 10, 2010
DAMON MOREY LLP
By:
Patrick B. Curran, Esq.
Attorneys for Defendants
RIDGE VIEW MANOR NURSING HOME
WILLIAMSVILLE SUBURBAN, LLC
WILLIAMSVILLE VIEW MANOR
NURSING HOME
SHERIDAN MANOR, LLC
The Avant Building, Suite 1200
200 Delaware Avenue
Buffalo, New York 14202-2150
(716) 856-5500
TO: Donald P. Chiari, Esq.
BROWN CHIARI, LLP
Attorneys for Plaintiff
5775 Broadway
Lancaster, New York 14086-2360
(716) 681-7190
CC: Norman B. Viti, Jr.
Gibson McAskill & Crosby
Attorneys for Defendants
LEGACY HEALTHCARE, LLC
RICK ZACHER
69 Delaware Avenue, Suite 900
Buffalo, New York 14202
(716) 856-4200
#1470532
5
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
STATE OF NEW YORK
SUPREME COURT :: COUNTY ERIE
RANDALL CLAY, and on behalf of all other
similarly situated,
Plaintiffs,
DEMAND FOR BILL
vs. OF PARTICULARS
(WILLIAMSVILLE SUBURBAN, LLC)
RIDGE VIEW MANOR NURSING HOME
WILLIAMSVILLE SUBURBAN, LLC Index No.: I2010-003907
WILLIAMSVILLE VIEW MANOR NURSING
HOME
SHERIDAN MANOR, LLC
LEGACY HEALTH CARE, LLC
RICK ZACHER
JOHN DOES 1-200
Defendants.
PLEASE TAKE NOTICE that, pursuant to Rule 3041 et sequitor of the Civil Practice
Law and Rules, you are hereby required to serve upon the undersigned attorneys for Defendant,
WILLIAMSVILLE SUBURBAN, LLC, within thirty (30) days after the service of this demand,
a Bill of Particulars of the Complaint, setting forth in detail the following:
1. The manner and respect in which it is claimed the said Defendant was negligent,
careless, and unskillful, including but not limited to, how said Defendant deviated from the
standard applicable to cases involving the treatment of the condition which affected the Plaintiff,
RANDALL CLAY.
1
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
2. State the condition which it is claimed the said Defendant failed to take proper
and due cognizance of, and the true condition from which the Plaintiff was suffering, which it is
claimed that said Defendant allegedly failed to guard and treat against.
3. The date or dates of the alleged negligence.
4. The dates of first and last services rendered by said Defendant.
5. The place or places where the services were rendered by said Defendant.
6. The nature, location, extent and duration of each injury which it will be claimed
was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so
state.
7. A particular statement setting forth the name and address of each and every
physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the
Complaint, providing the dates of all such treatment.
8. If it will be claimed that the aforesaid injuries necessitated any hospitalization, set
forth the name of each hospital, with the dates of confinement or out-patient treatment.
9. If it will be claimed that the aforesaid injuries necessitated treatment by any other
institutions, set forth the name of each institution with dates of confinement or out-patient
treatment.
10. If it will be claimed that the aforesaid injuries necessitated confinement to bed or
home, set forth the following:
a. The date or dates of confinement to home;
b. The date or dates of confinement to bed;
11. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
2
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
a. The name and address of the employer of Plaintiff, RANDALL CLAY, at
the time of the alleged negligence;
b. The capacity in which Plaintiff was employed;
c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to
the alleged negligence;
d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged
negligence;
e. The name and address of the employer of Plaintiff, RANDALL CLAY.
f. The loss of earnings claimed.
12. If any special damages are claimed as a result of the alleged negligence, set forth,
including, but not limited to, the following:
a. The charges for the above-named hospitals, separately listing each hospital
bill;
b. Physician’s charges;
c. Charges for medicines, itemizing the medicines charged for;
d. Nursing;
e. Other.
13. If the party who incurred the above-claimed expenses reasonably expects to
expend additional sums as a result of the alleged negligence, set forth the following:
a. Anticipated physicians’ charges;
b. Anticipated hospital charges;
c. Anticipated charges for medicines;
d. Anticipated nursing charges;
e. Anticipated other charges.
3
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
14. A particular statement as to each of the aforesaid amounts of money, setting forth:
which, if any, were covered by insurance; the name of the insurance company involved in each
case; and the amount paid in each case by said insurance company.
15. If any of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or
paid directly by a source other than insurance, a particular statement as to each setting forth the
source involved and the amount paid.
16. State with the same particularity each other act or omission not included above
which Plaintiff will claim constituted negligence on the part of said Defendant.
17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against
any other party, individual, or entity arising out of the facts and circumstances giving rise to this
suit, specifying the following:
(a) the name or names of such parties against whom additional claims are
being made;
(b) whether or not those claims have been placed into suit, and if so, state the
title of the action and venue of the action, together with the index number
of the action, if any;
(c) attach copies of any pleadings or claims served in said action or actions;
4
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021
(d) state whether or not such claim or action has been settled or otherwise
resolved, and if so state the amount of such settlement and the parties with
whom such settlement was entered into; if otherwise resolved, set forth a
statement of the manner in which itwas otherwise resolved, and attach
copies of general releases or stipulations of discontinuance evidencing
such settlement, resolution or discontinuance.
Dated: Buffalo, New York
August 10, 2010
DAMON MOREY LLP
By:
Patrick B. Curran, Esq.
Attorneys for Defendants
RIDGE VIEW MANOR NURSING HOME
WILLIAMSVILLE SUBURBAN, LLC
WILLIAMSVILLE VIEW MANOR
NURSING HOME
SHERIDAN MANOR, LLC
The Avant Building, Suite 1200
200 Delaware Avenue
Buffalo, New York 14202-2150
(716) 856-5500
TO: Donald P. Chiari, Esq.
BROWN CHIARI, LLP
Attorneys for Plaintiff
5775 Broadway
Lancaster, New York 14086-2360
(716) 681-7190
CC: Norman B. Viti, Jr.
Gibson McAskill & Crosby
Attorneys for Defendants
LEGACY HEALTHCARE, LLC
RICK ZACHER
69 Delaware Avenue, Suite 900
Buffalo, New York 14202
(716) 856-4200
#1470541
5
Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 Exhibit D FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 STATE OF NEW YORK SUPREME COURT :: COUNTY ERIE RANDALL CLAY, and on behalf of all other similarly situated, Plaintiffs, DEMAND FOR BILL vs. OF PARTICULARS (RIDGE VIEW MANOR NURSING HOME) RIDGE VIEW MANOR NURSING HOME WILLIAMSVILLE SUBURBAN, LLC Index No.: I2010-003907 WILLIAMSVILLE VIEW MANOR NURSING HOME SHERIDAN MANOR, LLC LEGACY HEALTH CARE, LLC RICK ZACHER JOHN DOES 1-200 Defendants. PLEASE TAKE NOTICE that, pursuant to Rule 3041 et sequitor of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for Defendant, RIDGE VIEW MANOR NURSING HOME, within thirty (30) days after the service of this demand, a Bill of Particulars of the Complaint, setting forth in detail the following: 1. The manner and respect in which it is claimed the said Defendant was negligent, careless, and unskillful, including but not limited to, how said Defendant deviated from the standard applicable to cases involving the treatment of the condition which affected the Plaintiff, RANDALL CLAY. 1 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 2. State the condition which it is claimed the said Defendant failed to take proper and due cognizance of, and the true condition from which the Plaintiff was suffering, which it is claimed that said Defendant allegedly failed to guard and treat against. 3. The date or dates of the alleged negligence. 4. The dates of first and last services rendered by said Defendant. 5. The place or places where the services were rendered by said Defendant. 6. The nature, location, extent and duration of each injury which it will be claimed was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so state. 7. A particular statement setting forth the name and address of each and every physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the Complaint, providing the dates of all such treatment. 8. If it will be claimed that the aforesaid injuries necessitated any hospitalization, set forth the name of each hospital, with the dates of confinement or out-patient treatment. 9. If it will be claimed that the aforesaid injuries necessitated treatment by any other institutions, set forth the name of each institution with dates of confinement or out-patient treatment. 10. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: a. The date or dates of confinement to home; b. The date or dates of confinement to bed; 11. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: 2 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 a. The name and address of the employer of Plaintiff, RANDALL CLAY, at the time of the alleged negligence; b. The capacity in which Plaintiff was employed; c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to the alleged negligence; d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged negligence; e. The name and address of the employer of Plaintiff, RANDALL CLAY. f. The loss of earnings claimed. 12. If any special damages are claimed as a result of the alleged negligence, set forth, including, but not limited to, the following: a. The charges for the above-named hospitals, separately listing each hospital bill; b. Physician’s charges; c. Charges for medicines, itemizing the medicines charged for; d. Nursing; e. Other. 13. If the party who incurred the above-claimed expenses reasonably expects to expend additional sums as a result of the alleged negligence, set forth the following: a. Anticipated physicians’ charges; b. Anticipated hospital charges; c. Anticipated charges for medicines; d. Anticipated nursing charges; e. Anticipated other charges. 3 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 14. A particular statement as to each of the aforesaid amounts of money, setting forth: which, if any, were covered by insurance; the name of the insurance company involved in each case; and the amount paid in each case by said insurance company. 15. If any of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or paid directly by a source other than insurance, a particular statement as to each setting forth the source involved and the amount paid. 16. State with the same particularity each other act or omission not included above which Plaintiff will claim constituted negligence on the part of said Defendant. 17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against any other party, individual, or entity arising out of the facts and circumstances giving rise to this suit, specifying the following: (a) the name or names of such parties against whom additional claims are being made; (b) whether or not those claims have been placed into suit, and if so, state the title of the action and venue of the action, together with the index number of the action, if any; (c) attach copies of any pleadings or claims served in said action or actions; 4 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 (d) state whether or not such claim or action has been settled or otherwise resolved, and if so state the amount of such settlement and the parties with whom such settlement was entered into; if otherwise resolved, set forth a statement of the manner in which itwas otherwise resolved, and attach copies of general releases or stipulations of discontinuance evidencing such settlement, resolution or discontinuance. Dated: Buffalo, New York August 10, 2010 DAMON MOREY LLP By: Patrick B. Curran, Esq. Attorneys for Defendants RIDGE VIEW MANOR NURSING HOME WILLIAMSVILLE SUBURBAN, LLC WILLIAMSVILLE VIEW MANOR NURSING HOME SHERIDAN MANOR, LLC The Avant Building, Suite 1200 200 Delaware Avenue Buffalo, New York 14202-2150 (716) 856-5500 TO: Donald P. Chiari, Esq. BROWN CHIARI, LLP Attorneys for Plaintiff 5775 Broadway Lancaster, New York 14086-2360 (716) 681-7190 CC: Norman B. Viti, Jr. Gibson McAskill & Crosby Attorneys for Defendants LEGACY HEALTHCARE, LLC RICK ZACHER 69 Delaware Avenue, Suite 900 Buffalo, New York 14202 (716) 856-4200 #1470532 5 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 STATE OF NEW YORK SUPREME COURT :: COUNTY ERIE RANDALL CLAY, and on behalf of all other similarly situated, Plaintiffs, DEMAND FOR BILL vs. OF PARTICULARS (WILLIAMSVILLE SUBURBAN, LLC) RIDGE VIEW MANOR NURSING HOME WILLIAMSVILLE SUBURBAN, LLC Index No.: I2010-003907 WILLIAMSVILLE VIEW MANOR NURSING HOME SHERIDAN MANOR, LLC LEGACY HEALTH CARE, LLC RICK ZACHER JOHN DOES 1-200 Defendants. PLEASE TAKE NOTICE that, pursuant to Rule 3041 et sequitor of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for Defendant, WILLIAMSVILLE SUBURBAN, LLC, within thirty (30) days after the service of this demand, a Bill of Particulars of the Complaint, setting forth in detail the following: 1. The manner and respect in which it is claimed the said Defendant was negligent, careless, and unskillful, including but not limited to, how said Defendant deviated from the standard applicable to cases involving the treatment of the condition which affected the Plaintiff, RANDALL CLAY. 1 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 2. State the condition which it is claimed the said Defendant failed to take proper and due cognizance of, and the true condition from which the Plaintiff was suffering, which it is claimed that said Defendant allegedly failed to guard and treat against. 3. The date or dates of the alleged negligence. 4. The dates of first and last services rendered by said Defendant. 5. The place or places where the services were rendered by said Defendant. 6. The nature, location, extent and duration of each injury which it will be claimed was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so state. 7. A particular statement setting forth the name and address of each and every physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the Complaint, providing the dates of all such treatment. 8. If it will be claimed that the aforesaid injuries necessitated any hospitalization, set forth the name of each hospital, with the dates of confinement or out-patient treatment. 9. If it will be claimed that the aforesaid injuries necessitated treatment by any other institutions, set forth the name of each institution with dates of confinement or out-patient treatment. 10. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: a. The date or dates of confinement to home; b. The date or dates of confinement to bed; 11. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: 2 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 a. The name and address of the employer of Plaintiff, RANDALL CLAY, at the time of the alleged negligence; b. The capacity in which Plaintiff was employed; c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to the alleged negligence; d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged negligence; e. The name and address of the employer of Plaintiff, RANDALL CLAY. f. The loss of earnings claimed. 12. If any special damages are claimed as a result of the alleged negligence, set forth, including, but not limited to, the following: a. The charges for the above-named hospitals, separately listing each hospital bill; b. Physician’s charges; c. Charges for medicines, itemizing the medicines charged for; d. Nursing; e. Other. 13. If the party who incurred the above-claimed expenses reasonably expects to expend additional sums as a result of the alleged negligence, set forth the following: a. Anticipated physicians’ charges; b. Anticipated hospital charges; c. Anticipated charges for medicines; d. Anticipated nursing charges; e. Anticipated other charges. 3 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 14. A particular statement as to each of the aforesaid amounts of money, setting forth: which, if any, were covered by insurance; the name of the insurance company involved in each case; and the amount paid in each case by said insurance company. 15. If any of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or paid directly by a source other than insurance, a particular statement as to each setting forth the source involved and the amount paid. 16. State with the same particularity each other act or omission not included above which Plaintiff will claim constituted negligence on the part of said Defendant. 17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against any other party, individual, or entity arising out of the facts and circumstances giving rise to this suit, specifying the following: (a) the name or names of such parties against whom additional claims are being made; (b) whether or not those claims have been placed into suit, and if so, state the title of the action and venue of the action, together with the index number of the action, if any; (c) attach copies of any pleadings or claims served in said action or actions; 4 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/11/2021 (d) state whether or not such claim or action has been settled or otherwise resolved, and if so state the amount of such settlement and the parties with whom such settlement was entered into; if otherwise resolved, set forth a statement of the manner in which itwas otherwise resolved, and attach copies of general releases or stipulations of discontinuance evidencing such settlement, resolution or discontinuance. Dated: Buffalo, New York August 10, 2010 DAMON MOREY LLP By: Patrick B. Curran, Esq. Attorneys for Defendants RIDGE VIEW MANOR NURSING HOME WILLIAMSVILLE SUBURBAN, LLC WILLIAMSVILLE VIEW MANOR NURSING HOME SHERIDAN MANOR, LLC The Avant Building, Suite 1200 200 Delaware Avenue Buffalo, New York 14202-2150 (716) 856-5500 TO: Donald P. Chiari, Esq. BROWN CHIARI, LLP Attorneys for Plaintiff 5775 Broadway Lancaster, New York 14086-2360 (716) 681-7190 CC: Norman B. Viti, Jr. Gibson McAskill & Crosby Attorneys for Defendants LEGACY HEALTHCARE, LLC RICK ZACHER 69 Delaware Avenue, Suite 900 Buffalo, New York 14202 (716) 856-4200 #1470541 5