Preview
FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
STATEMENT OF
-against- DAMAGES
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
COUNSEL:
PLEASE TAKE NOTICE that demand is hereby made pursuant to CPLR §3017(c) that you
serve the following upon the undersigned at the address set forth below:
The total amount of all damages allegedly sustained by the plaintiff(s) herein as a result of
the accident or occurrence which is the subject of this lawsuit for each cause of action claimed.
PLEASE TAKE FURTHER NOTICE that said items are to be served within fifteen (15)
days from the date hereof.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
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New York, NY 10017
917-781-4702
TO:
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
-against- BILL OF PARTICULARS
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
C O U N S E L O R:
PLEASE TAKE NOTICE, that you are hereby required to serve and file the following
verified particulars of plaintiff(s) alleged cause of action herein, within thirty (30) days from the
date hereof:
1. The date of birth, social security number and residence of each plaintiff.
2. Date, approximate time and condition of weather at time of accident.
3. State the exact manner in which plaintiff(s) alleges or will allege the accident
occurred.
4. Give the nature, extent, location and duration of each and every injury claimed to
have been sustained by each plaintiff specifying each injury which is claimed
permanent or that none is permanent.
5. How long will it be claimed that each plaintiff was confined to (a) hospital or
hospitals, giving specific dates of admission and discharge, (b), bed and (c) home,
giving the specific dates of confinement.
6. If x-rays were taken, state the name and address of the place where they were taken,
the name and address of the person who took them, the date each was taken and
what it disclosed.
7. If treated by doctors, state the name and present address of each doctor, the dates and
places where treatments were received and the date of last treatment. Annex true
copies of all written reports rendered to you by any such doctors whom you propose
to have testify in your behalf.
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8. If still being treated, the name and address of each doctor rendering treatment, where
and how often treatment is received and the nature thereof.
9. If a previous injury, disease, illness or condition is claimed to have been aggravated,
accelerated or exacerbated, specify in detail the nature of each and the name and
present address of each doctor, if any, who rendered treatment for said condition.
10. If employed at the time of accident, state: (a) The name and address of the
employer. (b) Position held and nature of work performed. (c) Average weekly
wages for past year. (d) Period of time lost from employment, giving dates. (e)
Amount of wages lost, if any.
11. If other loss of income, profit or earnings is claimed:
(a) State total amount of said loss.
(b) Give a complete detailed computation of said loss.
(c) State nature and source of loss of such income, profit and earnings and date
of deprivation thereof.
12. Itemize any and all other losses or expenses incurred not otherwise set forth.
13. State what earnings, if any, each plaintiff claims to have lost.
14. If there has been a return to employment or occupation, state:
(a) Name and address of present employer.
(b) Position held and nature of work performed.
(c) Present weekly wages, earnings, income or profit.
15. State the sum of money claimed to have been extended or the indebtedness incurred
by each plaintiff for:
(a) medicines,
(b) physicians services,
(c) hospitalization and
(d) nurses' services, itemizing amounts paid to each doctor or hospital.
16. Describe all injuries sustained by you in any prior accident.
17. Annex hereto copies of all interrogatories ever signed by you in said prior incidents.
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18. If damage to property is claimed to have resulted from such accident:
a. describe in detail each and every item of property allegedly damaged;
b. state the cost to repair or replace each and every item of damage to plaintiff's
property;
c. state the amount of damages sustained by plaintiff(s) for loss of profits and
how this amount was calculated.
19. If the accident involves property or premises, state:
a. the exact part or portion of the premises wherein the alleged accident
occurred;
b. if said occurrence took place upon a stairway the location and the step
thereon. If accident happened on sidewalk, the distance from the nearest
intersection and the nearest curb or building line;
c. the exact defect which caused the alleged occurrence and in what manner the
defendants were negligent;
d. whether this defendant(s) had actual and/or constructive notice of the alleged
defective condition;
e. if such notice was actual, state who gave such notice, to whom same was
given and the date and who gave such notice. If constructive, the length of
time the condition existed.
f. if it is claimed that negligent repairs were made, state when, where and by
whom on behalf of the defendant(s) they were made, and in what manner
such repairs were negligent.
20. If an intentional act or tort is claimed:
a. set forth in detail the circumstances leading up to the alleged intentional act,
including but not limited to, the physical acts, verbal threats, etc.,
b. set forth the exact acts which are alleged to constitute the intentional act.
21. A statement of the acts or omissions constituting the negligence claimed.
22. State what statutes, regulations, rules, ordinances it will be claimed were violated by
this defendant, specifying the chapter, section, subdivision or article thereof:
a. the date of each alleged violation;
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b. how and in what manner was each violation committed by this defendant(s).
23. State whether plaintiff was married at the time of the occurrence alleged in the
Complaint.
24. Set forth the name and address of plaintiff's spouse.
25. If a claim will be made for loss of service or consortium set forth the manner in
which such damages are calculated.
a. identify the nature of the loss of services or consortium;
b. set forth the length of time for which such claim is made.
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to comply
with the foregoing demand within thirty (30) days, the defendant(s) will move to preclude the
offering of any evidence as to the matters herein demanded.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
6 of 46
FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
PHOTOGRAPHS
-against-
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, the defendant, ZAM
178TH STREET CORP., demands that you produce and permit for discovery by the said
Defendant, ZAM 178TH STREET CORP., the undersigned attorneys or others acting on their
behalf, the following records, documents and things for inspection and reproduction:
1. Any and all photographs in possession of any party depicting the within
accident/incident site and/or any injuries and/or damages and/or injuries claimed to have arisen out
of the within accident/incident.
The above items are to be produced WITHIN TWENTY (20) days at the offices of
TYSON & MENDES, LLP where they shall be physically inspected and reproduced by the
undersigned attorneys or others acting on their behalf.
Please be advised the defendant will object to the use of any discovery at the time of the trial
of this action which has not been produced by any party pursuant to this notice or in the course of
discovery.
PLEASE TAKE FURTHER NOTICE, that said items are to be served within twenty (20)
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
days from the date hereof.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
8 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
INCIDENT REPORTS
-against-
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 and the applicable Court
Rules, you are required to produce for discovery and inspection at the offices of the undersigned
within twenty (20) days of service of this demand the following:
1. Police, emergency services or fire department reports, Aided Reports, logs,
ambulance or EMS reports, etc., concerning the accident;
2. Reports prepared by private guards or security personnel or private police, or agents
or employees concerning the accident;
3. Accident reports prepared in the regular course of business operations or practices,
discoverable pursuant to CPLR 3101(g);
PLEASE TAKE FURTHER NOTICE that, you are required to timely supplement your
responses to the foregoing demands with any additional or further information which becomes
known to you or your attorneys during this action.
PLEASE TAKE FURTHER NOTICE that, in the event you fail to comply with the
foregoing demands, appropriate motions will be made to compel disclosure or preclude you from
offering in evidence at trial any matter which is not disclosed by you in response to this demand, in
addition to other remedies available to this party.
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Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
10 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
COLLATERAL SOURCE
-against- INFORMATION
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to CPLR Article 4545 and the applicable Court
Rules, you are required to produce for discovery and inspection at the offices of the undersigned
within twenty (20) days of service of this demand the following:
1. A statement whether any part of the cost of medical care, dental care, custodial care,
rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was
replaced or indemnified, in whole or in part, from any collateral source such as insurance, social
security, workers' compensation, employee benefits programs, etc.
2. If so, state the full name and address of each organization, program or entity
providing such replacement or indemnification.
3. An itemized statement of the amount in which each such claim of economic loss was
replaced or indemnified by each organization, program or entity identified in (2) above.
4. Duly executed and acknowledged original written authorizations allowing us to
obtain all such records.
PLEASE TAKE FURTHER NOTICE that, you are required to timely supplement your
responses to the foregoing demands with any additional or further information which becomes
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known to you or your attorneys during this action.
PLEASE TAKE FURTHER NOTICE that, in the event you fail to comply with the
foregoing demands, appropriate motions will be made to compel disclosure or preclude you from
offering in evidence at trial any matter which is not disclosed by you in response to this demand, in
addition to other remedies available to this party.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
12 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
NOTICE OF
EXAMINATION BEFORE
-against- TRIAL
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
COUNSELORS :
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination, of all adverse parties will be taken before a Notary
Public who is not an attorney, or employee of an attorney, for any party or prospective party
herein and is not a person who would be disqualified to act as a juror because of interest or
because of consanguinity or affinity to any party herein, at the offices of TYSON & MENDES,
LLP on the 13th day of June, 2022 at 9:30 in the morning of that day with respect to the
evidence material and necessary in the defense of this action.
That the said person to be examined is required to produce at such examination the
following: books, records and papers pertaining to the above action.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
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Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
14 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
EXPERT WITNESSES
-against-
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101(d)(1)(i) and (ii),you are
hereby required to furnish the following information regarding each person you expect to call as an
expert witness at the trial of this action:
1. The name and address of each and every expert witness.
2. The qualifications of each and every expert witness.
3. The subject matter on which each and every expert is expected to testify.
4. The substance of the facts on which each and every expert is expected to testify.
5. The substance of the opinion of each and every witness.
6. A summary of the grounds of each and every expert's opinion.
PLEASE TAKE FURTHER NOTICE that this demand shall be deemed a continuing
demand up to, and including, the time of trial of this matter.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
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Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
16 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff,
DEMAND FOR
MEDICAL RECORDS
-against-
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned
duly executed authorizations for the release of records pertaining to the care and treatment rendered
to plaintiff in any and all hospitals.
Demand is additionally made for the production of the records of treating physicians and
authorizations permitting the inspection of said records, together with a list of the names and
addresses of all treating physicians.
Demand is additionally made for the production of medical reports of those physicians who
have previously treated or examined the plaintiff 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 reports which will be offered at the
trial.
Demand is additionally made for all medical records, reports, charts, x-rays and tests (or
duly executed authorization to obtain same), from any and all sources concerning the injuries,
illness, physical or mental condition of plaintiff as respects any injury, illness, physical or mental
condition referred to in plaintiff’s bill of particulars, answers to interrogatories or examination
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before trial.
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, the
plaintiff shall be precluded upon the trial of this action, from offering evidence or testifying as to
any of the reports, records or examinations demanded herein.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10017
917-781-4702
TO (Via NYSEF):
Subin Associates
Stephen J. Smith
150 Broadway, 23rd Floor
New York, NY 10038
Attorneys for Plaintiff
18 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 805060/2021E
LENYS CONTERAS,
Plaintiff, DEMAND FOR
STATEMENTS
-against-
ZAM 178TH STREET CORP.,
Defendants.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the undersigned demands that you serve upon him at the
address set forth below a copy of the statement of any party, agent, servant and/or employee of any
party represented by the undersigned whether signed or unsigned or the transcript of any
electronically recorded statement in accordance with CPLR 3101(e), within ten (10) days from the
date of service of this demand.
PLEASE TAKE FURTHER NOTICE, that if said party is a corporation, the undersigned
demands that you serve upon him a copy of a written statement, whether signed or unsigned, or the
transcript of any electronically recorded statement of any officer, director, agent, servant or
employee in accordance with CPLR 3101(e).
PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with
this demand, the defendant shall seek preclusion of such evidence at the time of trial of this action.
Dated: New York, New York
May 13, 2022
Yours, etc.
TYSON & MENDES, LLP
19 of 46
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022
By: ___________________________________
RANDY S. FAUST, ESQ.
Attorneys for Defendant
ZAM 178TH STREET CORP.
420 Lexington Ave., Suite 2800
New York, NY 10
Preview
FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR STATEMENT OF -against- DAMAGES ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X COUNSEL: PLEASE TAKE NOTICE that demand is hereby made pursuant to CPLR §3017(c) that you serve the following upon the undersigned at the address set forth below: The total amount of all damages allegedly sustained by the plaintiff(s) herein as a result of the accident or occurrence which is the subject of this lawsuit for each cause of action claimed. PLEASE TAKE FURTHER NOTICE that said items are to be served within fifteen (15) days from the date hereof. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 1 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 New York, NY 10017 917-781-4702 TO: Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 2 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR -against- BILL OF PARTICULARS ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X C O U N S E L O R: PLEASE TAKE NOTICE, that you are hereby required to serve and file the following verified particulars of plaintiff(s) alleged cause of action herein, within thirty (30) days from the date hereof: 1. The date of birth, social security number and residence of each plaintiff. 2. Date, approximate time and condition of weather at time of accident. 3. State the exact manner in which plaintiff(s) alleges or will allege the accident occurred. 4. Give the nature, extent, location and duration of each and every injury claimed to have been sustained by each plaintiff specifying each injury which is claimed permanent or that none is permanent. 5. How long will it be claimed that each plaintiff was confined to (a) hospital or hospitals, giving specific dates of admission and discharge, (b), bed and (c) home, giving the specific dates of confinement. 6. If x-rays were taken, state the name and address of the place where they were taken, the name and address of the person who took them, the date each was taken and what it disclosed. 7. If treated by doctors, state the name and present address of each doctor, the dates and places where treatments were received and the date of last treatment. Annex true copies of all written reports rendered to you by any such doctors whom you propose to have testify in your behalf. 3 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 8. If still being treated, the name and address of each doctor rendering treatment, where and how often treatment is received and the nature thereof. 9. If a previous injury, disease, illness or condition is claimed to have been aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and present address of each doctor, if any, who rendered treatment for said condition. 10. If employed at the time of accident, state: (a) The name and address of the employer. (b) Position held and nature of work performed. (c) Average weekly wages for past year. (d) Period of time lost from employment, giving dates. (e) Amount of wages lost, if any. 11. If other loss of income, profit or earnings is claimed: (a) State total amount of said loss. (b) Give a complete detailed computation of said loss. (c) State nature and source of loss of such income, profit and earnings and date of deprivation thereof. 12. Itemize any and all other losses or expenses incurred not otherwise set forth. 13. State what earnings, if any, each plaintiff claims to have lost. 14. If there has been a return to employment or occupation, state: (a) Name and address of present employer. (b) Position held and nature of work performed. (c) Present weekly wages, earnings, income or profit. 15. State the sum of money claimed to have been extended or the indebtedness incurred by each plaintiff for: (a) medicines, (b) physicians services, (c) hospitalization and (d) nurses' services, itemizing amounts paid to each doctor or hospital. 16. Describe all injuries sustained by you in any prior accident. 17. Annex hereto copies of all interrogatories ever signed by you in said prior incidents. 4 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 18. If damage to property is claimed to have resulted from such accident: a. describe in detail each and every item of property allegedly damaged; b. state the cost to repair or replace each and every item of damage to plaintiff's property; c. state the amount of damages sustained by plaintiff(s) for loss of profits and how this amount was calculated. 19. If the accident involves property or premises, state: a. the exact part or portion of the premises wherein the alleged accident occurred; b. if said occurrence took place upon a stairway the location and the step thereon. If accident happened on sidewalk, the distance from the nearest intersection and the nearest curb or building line; c. the exact defect which caused the alleged occurrence and in what manner the defendants were negligent; d. whether this defendant(s) had actual and/or constructive notice of the alleged defective condition; e. if such notice was actual, state who gave such notice, to whom same was given and the date and who gave such notice. If constructive, the length of time the condition existed. f. if it is claimed that negligent repairs were made, state when, where and by whom on behalf of the defendant(s) they were made, and in what manner such repairs were negligent. 20. If an intentional act or tort is claimed: a. set forth in detail the circumstances leading up to the alleged intentional act, including but not limited to, the physical acts, verbal threats, etc., b. set forth the exact acts which are alleged to constitute the intentional act. 21. A statement of the acts or omissions constituting the negligence claimed. 22. State what statutes, regulations, rules, ordinances it will be claimed were violated by this defendant, specifying the chapter, section, subdivision or article thereof: a. the date of each alleged violation; 5 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 b. how and in what manner was each violation committed by this defendant(s). 23. State whether plaintiff was married at the time of the occurrence alleged in the Complaint. 24. Set forth the name and address of plaintiff's spouse. 25. If a claim will be made for loss of service or consortium set forth the manner in which such damages are calculated. a. identify the nature of the loss of services or consortium; b. set forth the length of time for which such claim is made. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to comply with the foregoing demand within thirty (30) days, the defendant(s) will move to preclude the offering of any evidence as to the matters herein demanded. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 6 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR PHOTOGRAPHS -against- ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, the defendant, ZAM 178TH STREET CORP., demands that you produce and permit for discovery by the said Defendant, ZAM 178TH STREET CORP., the undersigned attorneys or others acting on their behalf, the following records, documents and things for inspection and reproduction: 1. Any and all photographs in possession of any party depicting the within accident/incident site and/or any injuries and/or damages and/or injuries claimed to have arisen out of the within accident/incident. The above items are to be produced WITHIN TWENTY (20) days at the offices of TYSON & MENDES, LLP where they shall be physically inspected and reproduced by the undersigned attorneys or others acting on their behalf. Please be advised the defendant will object to the use of any discovery at the time of the trial of this action which has not been produced by any party pursuant to this notice or in the course of discovery. PLEASE TAKE FURTHER NOTICE, that said items are to be served within twenty (20) 7 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 days from the date hereof. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 8 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR INCIDENT REPORTS -against- ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X SIRS: PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 and the applicable Court Rules, you are required to produce for discovery and inspection at the offices of the undersigned within twenty (20) days of service of this demand the following: 1. Police, emergency services or fire department reports, Aided Reports, logs, ambulance or EMS reports, etc., concerning the accident; 2. Reports prepared by private guards or security personnel or private police, or agents or employees concerning the accident; 3. Accident reports prepared in the regular course of business operations or practices, discoverable pursuant to CPLR 3101(g); PLEASE TAKE FURTHER NOTICE that, you are required to timely supplement your responses to the foregoing demands with any additional or further information which becomes known to you or your attorneys during this action. PLEASE TAKE FURTHER NOTICE that, in the event you fail to comply with the foregoing demands, appropriate motions will be made to compel disclosure or preclude you from offering in evidence at trial any matter which is not disclosed by you in response to this demand, in addition to other remedies available to this party. 9 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 10 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR COLLATERAL SOURCE -against- INFORMATION ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE that, pursuant to CPLR Article 4545 and the applicable Court Rules, you are required to produce for discovery and inspection at the offices of the undersigned within twenty (20) days of service of this demand the following: 1. A statement whether any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, social security, workers' compensation, employee benefits programs, etc. 2. If so, state the full name and address of each organization, program or entity providing such replacement or indemnification. 3. An itemized statement of the amount in which each such claim of economic loss was replaced or indemnified by each organization, program or entity identified in (2) above. 4. Duly executed and acknowledged original written authorizations allowing us to obtain all such records. PLEASE TAKE FURTHER NOTICE that, you are required to timely supplement your responses to the foregoing demands with any additional or further information which becomes 11 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 known to you or your attorneys during this action. PLEASE TAKE FURTHER NOTICE that, in the event you fail to comply with the foregoing demands, appropriate motions will be made to compel disclosure or preclude you from offering in evidence at trial any matter which is not disclosed by you in response to this demand, in addition to other remedies available to this party. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 12 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, NOTICE OF EXAMINATION BEFORE -against- TRIAL ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X COUNSELORS : PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination, of all adverse parties will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the offices of TYSON & MENDES, LLP on the 13th day of June, 2022 at 9:30 in the morning of that day with respect to the evidence material and necessary in the defense of this action. That the said person to be examined is required to produce at such examination the following: books, records and papers pertaining to the above action. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. 13 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 14 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR EXPERT WITNESSES -against- ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101(d)(1)(i) and (ii),you are hereby required to furnish the following information regarding each person you expect to call as an expert witness at the trial of this action: 1. The name and address of each and every expert witness. 2. The qualifications of each and every expert witness. 3. The subject matter on which each and every expert is expected to testify. 4. The substance of the facts on which each and every expert is expected to testify. 5. The substance of the opinion of each and every witness. 6. A summary of the grounds of each and every expert's opinion. PLEASE TAKE FURTHER NOTICE that this demand shall be deemed a continuing demand up to, and including, the time of trial of this matter. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. 15 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 16 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR MEDICAL RECORDS -against- ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned duly executed authorizations for the release of records pertaining to the care and treatment rendered to plaintiff in any and all hospitals. Demand is additionally made for the production of the records of treating physicians and authorizations permitting the inspection of said records, together with a list of the names and addresses of all treating physicians. Demand is additionally made for the production of medical reports of those physicians who have previously treated or examined the plaintiff 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 reports which will be offered at the trial. Demand is additionally made for all medical records, reports, charts, x-rays and tests (or duly executed authorization to obtain same), from any and all sources concerning the injuries, illness, physical or mental condition of plaintiff as respects any injury, illness, physical or mental condition referred to in plaintiff’s bill of particulars, answers to interrogatories or examination 17 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 before trial. PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, the plaintiff shall be precluded upon the trial of this action, from offering evidence or testifying as to any of the reports, records or examinations demanded herein. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10017 917-781-4702 TO (Via NYSEF): Subin Associates Stephen J. Smith 150 Broadway, 23rd Floor New York, NY 10038 Attorneys for Plaintiff 18 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 805060/2021E LENYS CONTERAS, Plaintiff, DEMAND FOR STATEMENTS -against- ZAM 178TH STREET CORP., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the undersigned demands that you serve upon him at the address set forth below a copy of the statement of any party, agent, servant and/or employee of any party represented by the undersigned whether signed or unsigned or the transcript of any electronically recorded statement in accordance with CPLR 3101(e), within ten (10) days from the date of service of this demand. PLEASE TAKE FURTHER NOTICE, that if said party is a corporation, the undersigned demands that you serve upon him a copy of a written statement, whether signed or unsigned, or the transcript of any electronically recorded statement of any officer, director, agent, servant or employee in accordance with CPLR 3101(e). PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with this demand, the defendant shall seek preclusion of such evidence at the time of trial of this action. Dated: New York, New York May 13, 2022 Yours, etc. TYSON & MENDES, LLP 19 of 46 FILED: BRONX COUNTY CLERK 05/13/2022 01:42 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/13/2022 By: ___________________________________ RANDY S. FAUST, ESQ. Attorneys for Defendant ZAM 178TH STREET CORP. 420 Lexington Ave., Suite 2800 New York, NY 10