Preview
FILED: QUEENS COUNTY CLERK 07/16/2021
05/04/2022 07:25
10:28 AM INDEX NO. 714855/2021
NYSCEF DOC. NO. 3
28 RECEIVED NYSCEF: 07/16/2021
05/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST,
ANSWER
Plaintiff,
-against- Index No. 714855/21
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
The Defendants ALLSTATE INSURANCE COMPANY by Law Offices of
Karen L. Lawrence., their attorney, as and for their Answer to the Complaint herein, alleges as
follows:
FIRST: Upon information and belief denies/deny each and every allegation
contained in paragraphs designated as “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”,
“14”, “15”, “16”, and “18” of the Complaint herein.
SECOND: As to paragraphs designated as “11” and “17” answering
Defendant(s) repeats, reiterates and realleges each and every denial heretofore had herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
The Complaint must be dismissed pursuant to CPLR Section 3211(a)(7) upon the
ground that the pleading fails to state a cause of action upon which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That the Court lacks personal jurisdiction over this answering Defendants.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
The rights and obligations of the Defendant(s) with regard to the payment of No-
Fault benefits are governed by the Insurance Law of the State of New York and regulations
promulgated by the New York State Superintendent of Insurance.
Pursuant to section 5102 of the Insurance Law, basic loss recompensable
pursuant to No-Fault provisions includes all “necessary” medical expenses casually related to an
accident.
The Plaintiff has failed to demonstrate that the services for which the Plaintiffs
are seeking payment in this action were medically necessary in connection with injuries
sustained by the claimant as a result of the automobile accident underlying the claim. Therefore,
the Plaintiff has no entitlement to payment of charges for such services.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
The Plaintiff medical provider is not entitled to the payment sought as the fees
charged for the services performed are excessive and not in accordance with acceptable standard
fees for such services charged by similar professionals within the local community.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
In the event the Plaintiffs recovers any judgment against the Defendants herein,
the answering Defendants demand that any such judgment be diminished in proportion to which
the culpable conduct attributable to the Plaintiffs bears to the total culpable conduct which
caused the damages.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
This action is barred in that Plaintiffs cannot maintain this action as the Plaintiffs
does not have standing to bring this lawsuit.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That the treatment and/or diagnostic tests provided by the Plaintiff(s) to the
assignor were not medically necessary and said diagnostic tests were duplicative and previously
done.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That the services rendered and/or diagnostic tests performed by the Plaintiff to the
assignor were previously denied by the Defendants pursuant to New York No Fault Law.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That the Plaintiff’s Complaint should be dismissed since the claims against the Defendants are
frivolous and the costs and attorneys fees should be answered to the Defendants pursuant to
§8303(a) of the Civil Practice Law and Rules.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE,
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That the cause of action set forth in the Complaint was not commenced within the time
limit of the applicable six (6) year Statute of Limitations.
3
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AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE,
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That the cause(s) of action must be dismissed in whole or in part, since there is no
coverage under a policy underwritten by the defendant or obligation under a contract for
insurance between the defendant and any person(s) allegedly injured in an incident or their
assignees, due to, but not limited to, a staged accident, claimant’s injuries were not causally
related to the incident, a fraudulently incorporated medical provider, fraud in the procurement of
the policy, services being provided by an independent contractor, cancellation of the policy prior
to the alleged incident, the policy was never issued by the defendant in the first instance, the
policy provisions have been exhausted, the alleged injuries by the claimant did not arise out of
the “use or operation” of a motor vehicle, or the claimant was not an eligible injured person
entitled to no-fault benefits under the PIP Endorsement.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
The issue(s) presented by Plaintiff is this case has/have been fully litigated
and decided in a prior action and this Plaintiff’s claim is barred by prior adjudication.
WHEREFORE, this answering Defendants demand judgment dismissing the
Complaint herein with costs.
DATED: Garden City, NY
July 14, 2021
4
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Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. Set forth and identify and attach copies of any and all bills, invoices and/or
receipts pertaining to any and all special damages set forth in Plaintiff’s Bill of Particulars.
2. Set forth and attach true and accurate copies of all invoices and claims
submitted to Allstate for all treatment, tests and services rendered to assignor.
3. Attached true and accurate copies of all insurance statements submitted
and/or forwarded to Allstate regarding assignor.
4. Attach copies of all accounts receivable documentation kept in the
ordinary course of business of Plaintiff, as it pertains to the dates of treatment, services and fees
for treatment and services rendered to assignor, including an itemization of any and all payments
received thereon from any source.
5. Attach copies of all correspondence, drafts, memorandums and/or
documents which establish and/or indicate the amount of payment received from Allstate for any
and all testing, treatment and services rendered to assignor.
6. Attached copies of any and all letters, documents and/or correspondence
forwarded to any attorney, individual, organization and/or insurance company, indicating that
Plaintiff has a lien and/or is due an owing any fee on any and all claims made by or against
assignor, to recover for any medical treatment rendered to assignor.
7. Attach copies of any and all medical reports and/or opinions prepared by
or on behalf of the Plaintiff pertaining to the assignor.
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8. Attach copies of defendant's NF10 and Explanation of Medical Bill
Payment received by Plaintiff from Allstate in conjunction with the claim(s) that is the subject
matter of the lawsuit herein.
9. Attach a copy of the envelope in which defendant's NF10 and Explanation
of Medical Bill Payment was received by Plaintiff from Allstate in conjunction with the claim(s)
that is the subject matter of the lawsuit herein.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
DATED: Garden City, NY
July 14, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, DEFENDANT’S DEMAND FOR
INTERROGATORIES
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that you are hereby required to file and serve the
following Interrogatories of Plaintiff's alleged cause of action herein, within twenty (20) days
from the date of service hereof.
1. Set forth and identify the first date the Plaintiff treated the assignor.
2. Set forth and identify every date of treatment and/or service rendered to
assignor, by the Plaintiff.
3. Set forth and itemize, including the dates, services, and/or treatment
rendered, and the fee charged for each and every treatment rendered by the Plaintiff from the
date of the initial treatment up to the present time.
4. Identify and set forth all of the tests, date of testing and the fee imposed
for each and every test pertaining to the assignor.
5. Set forth and itemize every charge, service, treatment and/or test including
the date of treatment, service, test and/or fee that is alleged remains sue and owing to Plaintiff.
6. State in which respect it will be claimed that the services rendered to
Plaintiff’s assignor were medical necessary.
7. Set forth and identify the treatment, services and test for which Plaintiff
has received a payment as set forth in Plaintiff’s Complaint.
8. Set forth the date the payment was received from Defendants.
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9. Set forth an itemized accounting of the bill claimed due identifying each
service rendered by Plaintiff to the assignor patient, the name and present address of each person
who rendered the service, the date, and the cost of each service.
10. State how the charges were fixed. If reference is made to any hospital,
doctor or medical society fee schedule or related documents kindly affix a legible copy of same.
11. Set forth the reasons for the medical services provided to the patient.
12. State whether any bill was sent to the Defendant for services rendered to
the patient. If so, set forth a true copy of the bill or bills and indicate when and how sent.
13. State whether any payment was ever received by Plaintiff on the alleged
amount due for the services rendered the patient, hereinafter referred to as the bill. If so, state
the amount, the date, and from whom payment was received.
14. Set forth the substance of all requests made to collect payment on the bill
including who was contracted, by whom and on what date.
15. Describe the admissions procedures employed by the Plaintiff with respect
to persons received outpatient, and/or inpatient services, including the manner in which the
patient’s source of payment and financial status are determined, the manner in which the patient
is informed of the probable out-of-pocket cost of her stay or treatment, the manner in which
deposit requirements are administered, and the arrangements that are made for payment.
16. State whether it is the custom of the Plaintiff to interview a patient about
insurance coverage at the time of admission and whether the patient herein was so interviewed
prior to or on the day of admission.
17. If the patient indicated insurance coverage, set forth the name and address
of the insurance carriers and the policy identification numbers.
18. If a claim for payment was submitted to an insurer by Plaintiff or the
patient, set forth a true copy of such claim.
19. If said claim was rejected by the insurer, set forth a true copy of the
rejection notice.
20. Provide any and all documents in the form of photocopies that the patient
was requested to sign at any time by the Plaintiff and/or by the Plaintiff’s agents or employees
during the period prior to the service of the summons.
21. Identify all agents, representative, or employees of Plaintiff who
negotiated the agreement or agreements between Plaintiff and the patient for “medical services.”
2
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22. State any and all sections and subsections of any and all agreements
between Plaintiff and patient relied upon by the Plaintiff in the Complaint.
23. Set forth the facts and circumstances which supports your contention that
Plaintiff’s assignor was a qualified person under Section 5208 of the Insurance Law of the State
of New York.
24. Set forth whether Plaintiff received an NF10 and/or Explanation of
Medical Bill Payment from defendant with regard to the claim(s) that is the subject matter of the
lawsuit herein.
25. Set forth the date of Plaintiff's receipt of an NF10 and/or Explanation of
Medical Bill Payment from defendant with regard to the claim(s) that is the subject matter of the
lawsuit herein.
26. Set forth the United States Postmark date on the envelope in which the
NF10 and/or Explanation of Medical Bill Payment Plaintiff received from defendant with regard
to the claim(s) that is the subject matter of the lawsuit herein.
PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of
Particulars of the Plaintiffs' alleged cause of action is not served with twenty (20) days of receipt
of this notice, an appropriate motion to preclude will be made pursuant to this notice at the time
of trial of this action.
DATED: Garden City, NY
July 14, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, NOTICE OF DISCOVERY AND
INSPECTION
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to Section 3120 of the Civil Practice
Law and Rules, and Section 202.17 of the Uniform Rules, Defendant, Allstate Insurance
Company, demands that Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin & Baglio,
LLP*, produce for inspection and copying the following documents and things at the Law
Offices of Karen L. Lawrence, 1225 Franklin Avenue, Suite 100, Garden City, NY 11530-1659,
within (30) thirty days, at which time they will be inspected, copied and thereafter returned:
1. The NF10 and Explanation of Medical Bill Payment received by Plaintiff,
Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP* for the claim(s) that is the
subject matter of the suit herein;
2. The envelope(s) in which the NF10 and Explanation of Medical Bill
Payment were received by Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin &
Baglio, LLP* for the claim(s) that is the subject matter of the suit herein.
DATED: Garden City, NY
July 14, 2021
4
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Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, NOTICE TO PRESERVE AND
MAINTAIN
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that you are hereby directed to preserve and maintain,
during the pendency of this action without alterations:
1. The NF10 and Explanation of Medical Bill Payment received by Plaintiff
Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP*, for the claim(s) that is the
subject matter of the suit herein;
2. The envelope(s) in which the NF10 and Explanation of Medical Bill
Payment were received by Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin &
Baglio, LLP* for the claim(s) that is the subject matter of the suit herein.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with
the requests of this Notice, a motion will be made for the appropriate relief to this Court.
DATED: Garden City, NY
July 14, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
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TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, DEMAND FOR COPIES OF
PLAINTIFF’S MEDICAL REPORTS
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York
State Trial Courts, demand is hereby made upon the Plaintiff(s) or his/her/their attorney to:
1. Serve upon and deliver to the attorney for the Defendants copies of the
medical reports of those physicians who have previously treated or
examined the Plaintiff(s) and who will testify on his behalf. 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-
rays and technician's reports which will be offered at the trial.
2. Serve upon and deliver to the attorney for the Defendants 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 and technician's reports, as to be referred to and identified in the
statement of the Plaintiff(s) physicians.
PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
demand, the Plaintiff(s) will be precluded upon the trial of the within action from offering in
evidence or testifying as to any of the reports, records or examination demanded herein.
DATED: Garden City, NY
July 14, 2021
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Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
ALLSTATE INSURANCE COMPANY
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5622
Our File No. 0555072973.11-
TO: LEWIN & BAGLIO, LLP
Attorneys for Plaintiff
1100 Shames Drive, Suite 100
Westbury, NY 11590
(516) 307-1777
File No: 2160-IP-01
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
MICHAEL WEST, DEMAND PURSUANT TO
SECTION 306(a)
Plaintiff,
Index No. 714855/21
-against-
ALLSTATE INSURANCE COMPANY,
Defendant.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
IT IS HEREBY DEMANDED that you serve upon the undersigned, either a
copy of the receipt for the Index Number purchased or the date the Index Number was purchased
as per said receipt.
DATED: Garden City, NY
July 14, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Katie Petitto
Attorney for Defendant
Preview
FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, ANSWER Plaintiff, -against- Index No. 714855/21 ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X The Defendants ALLSTATE INSURANCE COMPANY by Law Offices of Karen L. Lawrence., their attorney, as and for their Answer to the Complaint herein, alleges as follows: FIRST: Upon information and belief denies/deny each and every allegation contained in paragraphs designated as “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “14”, “15”, “16”, and “18” of the Complaint herein. SECOND: As to paragraphs designated as “11” and “17” answering Defendant(s) repeats, reiterates and realleges each and every denial heretofore had herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: The Complaint must be dismissed pursuant to CPLR Section 3211(a)(7) upon the ground that the pleading fails to state a cause of action upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That the Court lacks personal jurisdiction over this answering Defendants. 1 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: The rights and obligations of the Defendant(s) with regard to the payment of No- Fault benefits are governed by the Insurance Law of the State of New York and regulations promulgated by the New York State Superintendent of Insurance. Pursuant to section 5102 of the Insurance Law, basic loss recompensable pursuant to No-Fault provisions includes all “necessary” medical expenses casually related to an accident. The Plaintiff has failed to demonstrate that the services for which the Plaintiffs are seeking payment in this action were medically necessary in connection with injuries sustained by the claimant as a result of the automobile accident underlying the claim. Therefore, the Plaintiff has no entitlement to payment of charges for such services. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: The Plaintiff medical provider is not entitled to the payment sought as the fees charged for the services performed are excessive and not in accordance with acceptable standard fees for such services charged by similar professionals within the local community. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: In the event the Plaintiffs recovers any judgment against the Defendants herein, the answering Defendants demand that any such judgment be diminished in proportion to which the culpable conduct attributable to the Plaintiffs bears to the total culpable conduct which caused the damages. 2 2 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: This action is barred in that Plaintiffs cannot maintain this action as the Plaintiffs does not have standing to bring this lawsuit. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That the treatment and/or diagnostic tests provided by the Plaintiff(s) to the assignor were not medically necessary and said diagnostic tests were duplicative and previously done. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That the services rendered and/or diagnostic tests performed by the Plaintiff to the assignor were previously denied by the Defendants pursuant to New York No Fault Law. AS AND FOR A NINTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That the Plaintiff’s Complaint should be dismissed since the claims against the Defendants are frivolous and the costs and attorneys fees should be answered to the Defendants pursuant to §8303(a) of the Civil Practice Law and Rules. AS AND FOR A TENTH AFFIRMATIVE DEFENSE, THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That the cause of action set forth in the Complaint was not commenced within the time limit of the applicable six (6) year Statute of Limitations. 3 3 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE, THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That the cause(s) of action must be dismissed in whole or in part, since there is no coverage under a policy underwritten by the defendant or obligation under a contract for insurance between the defendant and any person(s) allegedly injured in an incident or their assignees, due to, but not limited to, a staged accident, claimant’s injuries were not causally related to the incident, a fraudulently incorporated medical provider, fraud in the procurement of the policy, services being provided by an independent contractor, cancellation of the policy prior to the alleged incident, the policy was never issued by the defendant in the first instance, the policy provisions have been exhausted, the alleged injuries by the claimant did not arise out of the “use or operation” of a motor vehicle, or the claimant was not an eligible injured person entitled to no-fault benefits under the PIP Endorsement. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: The issue(s) presented by Plaintiff is this case has/have been fully litigated and decided in a prior action and this Plaintiff’s claim is barred by prior adjudication. WHEREFORE, this answering Defendants demand judgment dismissing the Complaint herein with costs. DATED: Garden City, NY July 14, 2021 4 4 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 5 5 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. Set forth and identify and attach copies of any and all bills, invoices and/or receipts pertaining to any and all special damages set forth in Plaintiff’s Bill of Particulars. 2. Set forth and attach true and accurate copies of all invoices and claims submitted to Allstate for all treatment, tests and services rendered to assignor. 3. Attached true and accurate copies of all insurance statements submitted and/or forwarded to Allstate regarding assignor. 4. Attach copies of all accounts receivable documentation kept in the ordinary course of business of Plaintiff, as it pertains to the dates of treatment, services and fees for treatment and services rendered to assignor, including an itemization of any and all payments received thereon from any source. 5. Attach copies of all correspondence, drafts, memorandums and/or documents which establish and/or indicate the amount of payment received from Allstate for any and all testing, treatment and services rendered to assignor. 6. Attached copies of any and all letters, documents and/or correspondence forwarded to any attorney, individual, organization and/or insurance company, indicating that Plaintiff has a lien and/or is due an owing any fee on any and all claims made by or against assignor, to recover for any medical treatment rendered to assignor. 7. Attach copies of any and all medical reports and/or opinions prepared by or on behalf of the Plaintiff pertaining to the assignor. 6 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 8. Attach copies of defendant's NF10 and Explanation of Medical Bill Payment received by Plaintiff from Allstate in conjunction with the claim(s) that is the subject matter of the lawsuit herein. 9. Attach a copy of the envelope in which defendant's NF10 and Explanation of Medical Bill Payment was received by Plaintiff from Allstate in conjunction with the claim(s) that is the subject matter of the lawsuit herein. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Garden City, NY July 14, 2021 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 2 7 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, DEFENDANT’S DEMAND FOR INTERROGATORIES Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that you are hereby required to file and serve the following Interrogatories of Plaintiff's alleged cause of action herein, within twenty (20) days from the date of service hereof. 1. Set forth and identify the first date the Plaintiff treated the assignor. 2. Set forth and identify every date of treatment and/or service rendered to assignor, by the Plaintiff. 3. Set forth and itemize, including the dates, services, and/or treatment rendered, and the fee charged for each and every treatment rendered by the Plaintiff from the date of the initial treatment up to the present time. 4. Identify and set forth all of the tests, date of testing and the fee imposed for each and every test pertaining to the assignor. 5. Set forth and itemize every charge, service, treatment and/or test including the date of treatment, service, test and/or fee that is alleged remains sue and owing to Plaintiff. 6. State in which respect it will be claimed that the services rendered to Plaintiff’s assignor were medical necessary. 7. Set forth and identify the treatment, services and test for which Plaintiff has received a payment as set forth in Plaintiff’s Complaint. 8. Set forth the date the payment was received from Defendants. 8 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 9. Set forth an itemized accounting of the bill claimed due identifying each service rendered by Plaintiff to the assignor patient, the name and present address of each person who rendered the service, the date, and the cost of each service. 10. State how the charges were fixed. If reference is made to any hospital, doctor or medical society fee schedule or related documents kindly affix a legible copy of same. 11. Set forth the reasons for the medical services provided to the patient. 12. State whether any bill was sent to the Defendant for services rendered to the patient. If so, set forth a true copy of the bill or bills and indicate when and how sent. 13. State whether any payment was ever received by Plaintiff on the alleged amount due for the services rendered the patient, hereinafter referred to as the bill. If so, state the amount, the date, and from whom payment was received. 14. Set forth the substance of all requests made to collect payment on the bill including who was contracted, by whom and on what date. 15. Describe the admissions procedures employed by the Plaintiff with respect to persons received outpatient, and/or inpatient services, including the manner in which the patient’s source of payment and financial status are determined, the manner in which the patient is informed of the probable out-of-pocket cost of her stay or treatment, the manner in which deposit requirements are administered, and the arrangements that are made for payment. 16. State whether it is the custom of the Plaintiff to interview a patient about insurance coverage at the time of admission and whether the patient herein was so interviewed prior to or on the day of admission. 17. If the patient indicated insurance coverage, set forth the name and address of the insurance carriers and the policy identification numbers. 18. If a claim for payment was submitted to an insurer by Plaintiff or the patient, set forth a true copy of such claim. 19. If said claim was rejected by the insurer, set forth a true copy of the rejection notice. 20. Provide any and all documents in the form of photocopies that the patient was requested to sign at any time by the Plaintiff and/or by the Plaintiff’s agents or employees during the period prior to the service of the summons. 21. Identify all agents, representative, or employees of Plaintiff who negotiated the agreement or agreements between Plaintiff and the patient for “medical services.” 2 9 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 22. State any and all sections and subsections of any and all agreements between Plaintiff and patient relied upon by the Plaintiff in the Complaint. 23. Set forth the facts and circumstances which supports your contention that Plaintiff’s assignor was a qualified person under Section 5208 of the Insurance Law of the State of New York. 24. Set forth whether Plaintiff received an NF10 and/or Explanation of Medical Bill Payment from defendant with regard to the claim(s) that is the subject matter of the lawsuit herein. 25. Set forth the date of Plaintiff's receipt of an NF10 and/or Explanation of Medical Bill Payment from defendant with regard to the claim(s) that is the subject matter of the lawsuit herein. 26. Set forth the United States Postmark date on the envelope in which the NF10 and/or Explanation of Medical Bill Payment Plaintiff received from defendant with regard to the claim(s) that is the subject matter of the lawsuit herein. PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of Particulars of the Plaintiffs' alleged cause of action is not served with twenty (20) days of receipt of this notice, an appropriate motion to preclude will be made pursuant to this notice at the time of trial of this action. DATED: Garden City, NY July 14, 2021 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 3 10 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, NOTICE OF DISCOVERY AND INSPECTION Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Section 3120 of the Civil Practice Law and Rules, and Section 202.17 of the Uniform Rules, Defendant, Allstate Insurance Company, demands that Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP*, produce for inspection and copying the following documents and things at the Law Offices of Karen L. Lawrence, 1225 Franklin Avenue, Suite 100, Garden City, NY 11530-1659, within (30) thirty days, at which time they will be inspected, copied and thereafter returned: 1. The NF10 and Explanation of Medical Bill Payment received by Plaintiff, Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP* for the claim(s) that is the subject matter of the suit herein; 2. The envelope(s) in which the NF10 and Explanation of Medical Bill Payment were received by Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP* for the claim(s) that is the subject matter of the suit herein. DATED: Garden City, NY July 14, 2021 4 11 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 5 12 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, NOTICE TO PRESERVE AND MAINTAIN Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that you are hereby directed to preserve and maintain, during the pendency of this action without alterations: 1. The NF10 and Explanation of Medical Bill Payment received by Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP*, for the claim(s) that is the subject matter of the suit herein; 2. The envelope(s) in which the NF10 and Explanation of Medical Bill Payment were received by Plaintiff Michael K. West and/or counsel for Plaintiff, Lewin & Baglio, LLP* for the claim(s) that is the subject matter of the suit herein. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the requests of this Notice, a motion will be made for the appropriate relief to this Court. DATED: Garden City, NY July 14, 2021 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- 13 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 2 14 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, DEMAND FOR COPIES OF PLAINTIFF’S MEDICAL REPORTS Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York State Trial Courts, demand is hereby made upon the Plaintiff(s) or his/her/their attorney to: 1. Serve upon and deliver to the attorney for the Defendants copies of the medical reports of those physicians who have previously treated or examined the Plaintiff(s) and who will testify on his behalf. 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- rays and technician's reports which will be offered at the trial. 2. Serve upon and deliver to the attorney for the Defendants 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 and technician's reports, as to be referred to and identified in the statement of the Plaintiff(s) physicians. PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this demand, the Plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the reports, records or examination demanded herein. DATED: Garden City, NY July 14, 2021 15 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant ALLSTATE INSURANCE COMPANY 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5622 Our File No. 0555072973.11- TO: LEWIN & BAGLIO, LLP Attorneys for Plaintiff 1100 Shames Drive, Suite 100 Westbury, NY 11590 (516) 307-1777 File No: 2160-IP-01 2 16 of 21 FILED: QUEENS COUNTY CLERK 07/16/2021 05/04/2022 07:25 10:28 AM INDEX NO. 714855/2021 NYSCEF DOC. NO. 3 28 RECEIVED NYSCEF: 07/16/2021 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X MICHAEL WEST, DEMAND PURSUANT TO SECTION 306(a) Plaintiff, Index No. 714855/21 -against- ALLSTATE INSURANCE COMPANY, Defendant. ---------------------------------------------------------------------------------------------------------------------X S I R S: IT IS HEREBY DEMANDED that you serve upon the undersigned, either a copy of the receipt for the Index Number purchased or the date the Index Number was purchased as per said receipt. DATED: Garden City, NY July 14, 2021 Yours, etc., Law Offices of Karen L. Lawrence Katie Petitto Attorney for Defendant