Preview
FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
__________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs Index No. E174698/2021
vs. DEMAND FOR STATEMENTS, ITNESSES,
PHOTOGRAPHS, ACCIDENT
REPORTS, AND
INSURANCE INFORMATION
PATRICIA DUSETT
Defendant
_________________....________
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the
undersigned, BURGIO, CURVIN & BANKER, hereby demands that you furnish within TWENTY (20)
DAYS of the service of this notice the following:
1. Copies of allstatemcñ‡s, whether signed or otherwise, of the aforesaid Defendant, or the agents,
servants or employees of said Defendant including any documents purporting to bear the signature of the
Defendant herein.
2. Names and addresses of each and every witness:
a. To the incident which isthe subject of the above- entitled action;
b. To any allegedly defective condition;
c. To any notice to Defendant;
d. To any admission by Defendant;
e. To any other element reflecting on liability.
f. Pursuant to the Rule set forthin Troup vs. Midland-Ross Corporation, 94 A.D.2d 949,
464 N.Y.S.2d 74 (4th Dept., 1983) and CPLR 3101, copies of statements, written or otherwise, of each and
every other party to the instant litigation,their agents, servants and/or employees.
g. All witnesses in connection with any issues concerning damages.
3. Any and allphetcgraphs, slides or films of the scene of the incident which isthe subject of this
litigation and allinstrumentalities involved.
4. Copies of any and all written reports prepared by the parties, and/or their agents, employees
or representatives, concerning the accident which is the subject of this litigation (i.e.,
MV-104, report to
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Workers'
law enforcement agency, Compensation forms C-2 and C-3, any internal report to an employer
concerning the accident, any report prepared by an employer as part of the regular internal operations of
that enterprise, any report to an insurance carrier.)
5. Copies of any and alldata obtained from any vehicle involved inthe accident, from any restraint
control module, sensing diagnostic module, airbag module, or any data whatsoever from any portion of the
vehicle communications network, together with the date and time the data was obtained and the name,
address and phone number of the person/entity who obtained the data.
6. Copies of alldamage and/or repair estimates pertaining to allvehicles involved in the accident,
and alldocuments which reflectpayment for any repairs of the vehicles involved in thisaccident.
THIS DEMAND IS APPLICABLE ONLY TO DEFENDANT AND/OR PLAINTIFF
AGAINST WHOM COUNTERCLAIMS HAVE BEEN ASSERTED
7. Copies of any and allinsurance agreements which may provide primary or excess coverage or
a defense for any of the causes of action alleged in this case.
YOU ARE REQUIRED, if you do not have one ormore of the above, to submit a letteror affidavit
so stating within TWENTY (20) DAYS of the service of this Notice.
IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law.
PLEASE BE ADVISED, that thisnotice imposes an ongoing duty on you to forward any such
information and items to the undersigned within TWENTY (20) DAYS of receipt thereof, up until time of
trial.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
J ES P. BURGIO, ESQ.
RGIO, CURVIN & B R
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
____________________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
Index No. E174698/2021
vs.
DEMAND FOR RELIEF
Section 3017(c)
PATRICIA DUSETT
Defendant
_______________________________
PLEASE TAKE NOTICE that pursuant to Section 3017 of the CPLR, the Defendant requests a
statement within FIFTEEN (15) DAYS of the service hereof of the total damages to which the Plaintiff
deems herself entitled.
In the event the statement is not served within fifteen (15) days of this request, the Defendant will
apply for allrelief to which they are entitled by law.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
S P. BURGIO, E .
RGIO, CURVIN & KER
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
_________________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
Index No. E174698/2021
vs. DEMAND FOR
COLLATERAL SOURCES
PATRICIA DUSETT
Defendant
___________________________________
PLEASE TAKE NOTICE that pursuant to CPLR 4545 the Defendant, PATRICIA DUSETT,
hereby demands that you furnish, to BURGIO, CURVIN & BANKER, Attorneys for Defendant, within
TWENTY (20) DAYS of the receipt of this notice, the following:
1. Ifthe Plaintiffseeks to recover damages for the cost of medical care, dental care, custodial
care, rehabilitation services, loss of earnings or other economic loss,identify whether the Plaintiffwas, is
or will be entitled to receive benefits from or be indemnified by, in whole or in part, any collateral source,
including but not limited to:
(a) disability insurance;
(b) credit disability insurance;
(c) employer provided sick pay or income continuance plans;
(d) welfare benefits;
(e) mortgage disability insurance;
(f) travel accident insurance;
(g) hospital indemnify insurance;
(h) medical, dental, surgical, diagnostic, x-ray laboratory or major medical
insurance, including coverage provided by a health maintenance insurer;
(i) Social Security benefits except for benefits received under Title XVIII of the
Social Security Act (Health Insurance for the Aged and Disabled).
2. For each such collateral source so identified, specify:
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(a) the name of the benefit provider;
(b) itsaddress;
(c) the policy and/or identification number applicable to the Plaintiffs claim;
(d) the amount of benefits received or to be received in the future;
(e) the premiums paid by the Plaintifffor such benefits for the two-year period
immediately preceding the accrual of the action;
(f) the projected future cost to the Plaintiff of maintaining such benefits.
PLEASE TAKE FURTHER NOTICE that unless the aforesaid information and items are
furnished within the specified time or a statement in writing indicating that such information and items
are not in your possession is supplied within the specified time, appropriate penalties will be sought.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
'
ES P. BURGIÓ, E .
RGIO, CURVIN & KER
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys forPlaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
_______________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
Index No. E174698/2021
vs. DEMAND FOR EXPERT
INFORMATION
PATRICIA DUSETT
Defendant
________________________
PLEASE TAKE NOTICE that pursuant to Section 3101 of the CPLR, you are required to
furnish the undersigned, BURGIO, CURVIN & BANKER, with the following information within
TWENTY (20) DAYS of the service of this notice:
a. The identity of each and every expert witness to be called on the trialof thisaction;
b. The subject matter upon which such expert isto testify;
c. The substance of the facts and opinions which the expert is expected to testify;
d. The qualifications of each expert;
e. A summary on the grounds of each expert's opinion;
f. Dates of allreports rendered by such expert.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
JA ES P. BURGIO, ES .
GIO, CURVIN & B KER
ttorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
___........__________________________..
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
Index No. E174698/2021
vs. DEMAND FOR MEDICAL REPORTS
AND AUTHORIZATIONS
PATRICIA DUSETT
Defendant
____________________________..___
PLEASE TAKE NOTICE that pursuant to CPLR 3101, CPLR 3120, Article 31 of the CPLR, 22
N.Y.C.R.R. 202.17 and Cynthia B. vs. New Rõchelic Hospital Medical Center, 60 N.Y. 2d 452, 470
N.Y.S. 2d 122, 458 N.E. 2d 363 (1983), you are required to serve upon the undersigned, BURGIO,
CURVIN & BANKER, within TWENTY (20) DAYS of service of this notice, the following:
1. All existing (and future) medical reports of allmedical service providers who have treated or
examined the Plaintiff in connection with injuries and conditions for which recovery is sought, and who
may be called to testify on Plaintiff'sbehalf, as well as any and allhospital records where the Plaintiff has
been treated or confined with regard to those areas of the body claimed to have been injured in connection
with the accident which isthe subject of the above referenced litigation, regardless of the time frame of
treatment.
2. Duly executed and acknowledged authorizations permitting the Defendant to obtain and copy
providers'
allhospital records, x-ray reports and medical records of the Plaintiff, regardless of time frame,
with regard to those areas claimed to be injured by the Plaintiff as a result of the incident which is the
subject of this litigation.
YOU ARE REQUIRED, ifyou do not have one or more of the above, to submit a letteror
affidavit so stating within TWENTY (20) DAYS of the service of this Notice.
IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law.
PLEASE BE ADVISED, that this notice imposes an ongoing duty on you to forward any such
information and items to the undersigned within TWENTY (20) DAYS of receipt
thereof, up untiltime of Trial.
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DATED: May 6, 2021
Buffalo, New York
Yours etc.,
MES P. BURGIO, E .
URGIO, CURVIN & KER
Attorneys forDefendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls,New York 14301
(716) 285-9555
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FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
__________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs Index No. E174698/2021
vs.
DEMAND FOR NO-FAULT
AUTHORIZATION
PATRICIA DUSETT
Defendant
_______..______________________
The Defendant, PATRICIA DUSETT, by her Attorneys, BURGIO, CURVIN & BANKER, pursuant
to CPLR 3101, hereby makes demand that you provide said Attorneys with duly executed and
acknowledged authorizations permitting said Attorneys to examine and obtain copies of the No-Fault file
for the Plaintiff herein. See Scott v Saint Albord (2nd Dept., 2001), 289 A.D.2d 389, 734 N.Y.S.2d 623.
PLEASE TAKE FURTHER NOTICE that,your failure to provide said authorizations, will result in
a Motion seeking that reliefto which the Defendant is entitledby law.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
J ES P. BURGIO, ESQ.
RGIO, CURVIN & BANKER
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
__________________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
Index No. E174698/2021
vs.
NOTICE FOR DISCOVERY AND
INSPECTION OF PROOF OF
FILING
PATRICIA DUSETT
Defendant
____________________________
PLEASE TAKE NOTICE that,pursuant to CPLR Article 31, the following must be furnished to
the undersigned within twenty (20) days of the date of this Demand:
1. Proof of Service of the Summons and Complaint for the within action.
2. Proof of Purchase of an Index Number for the within action.
3. Proof of filing of the Summons and Complaint for the within action.
PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand shall form the
basis for the making of an application to the Court forthe appropriate relief.
DATED: May 6, 2021
Buffalo, New York
Yours etc.,
J S P. BURGIO, ESQ.
GIO, CURVIN & B .R
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attomeys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
________________________
LUCY KERR AND WILLIAM KERR, as
Wife and Husband
Plaintiffs
DEMAND FOR MEDICARE/
MEDICARE ADVANTAGE
MEDICAID/SOCIAL SECURITY
DISABILITY INFORMATION
vs. Index No. E174698/2021
PATRICIA DUSETT
Defendant
______________________
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, 42
U.S.C. §1395y(b)(2)(B), and New York Social Services Law §104-b, we request that you furnish the
following within twenty (20) days of the service of this Demand:
1. Plaintiff's date of birth.
2. Plaintiff's Social Security Number.
For Medicare Recipients
1. Plaintiff's Medicare filenumber.
2. The address of the office handling Plaintiff'sMedicare file.
3. The name, address, and telephone number of the claim handler/recovery
contractor handling Plaintiff's Medicare file.
4. Amounts paid by Medicare for accident related treatment.
5. A duly executed authorization bearing Plaintiff's date of birth and Social
Security Number which permits this firm and other representative of
Defendant to obtain copies of Plaintiff's Medicare records.
6. Copies of allwritings by which Plaintiff and/or Plaintiff's representatives
have placed Medicare on notice of Plaintiff's pending personal injury claim
and/or lawsuit and copies of any acknowledgment and/or responses from
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Medicare.
7. Copies of alldocuments, records, memoranda, notes, and the like in
Plaintiff'spossession and control concerning Plaintiff's receipt of
Medicare benefits, including, but not limited to, interim conditional
payment information, documents, and materials.
Plaintiffs Covered by a Medicare Advantage Plan
1. Insurance carrier providing Medicare Advantage coverage.
2. Medicare Advantage Insurance Carrier ID number.
3. Name, address and telephone number of Insurance Carrier.
4. Name of Medicare Advantage Insurance Carrier Claims Handler.
5. Amounts paid by Plaintiff's Medicare Advantage Insurance Carrier for
accident related medical expenses.
6. Copies of alldocuments, records, memoranda, notes in Plaintiff's
possession and control concerning Plaintiff's receipt of Medicare
Advantage benefits including but not limited to explanation of benefit forms,
conditional payment information, organization determinations and
other materials.
7. A duly executed authorization bearing Plaintiff's date of birth and Social
Security Number which permits this firm and other representative of
Defendant to obtain copies of records from Plaintiff's Medicare Advantage
insurance carrier.
8. Copies of all writings by which Plaintiff and/or Plaintiff's representatives
have placed the Medicare Advantage carrier on notice of Plaintiff's pending
personal injury claim and/or lawsuit and copies of any acknowledgment and/or
responses from the Medicare Advantage carrier.
Plaintiffs Receiving Medicaid Benefits
1. Plaintiff's Medicaid filenumber.
2. The address of the office handling Plaintiff's Medicaid file.
3. The name, address, and telephone number of the claim handler/recovery
contractor handling Plaintiff's Medicaid file.
4. Amounts paid by Plaintiff's Medicaid provider for accident related medical
expenses.
5. Amounts claimed by Plaintiff's Medicaid provider to be reimbursed to it from
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the proceeds of any recovery by the Plaintiff in the action herein.
6. Copies of all documents, records, memoranda, notes, and the like in
Plaintiff's possession and control concerning Plaintiff's receipt of Medicaid
benefits.
7. A duly executed authorization bearing Plaintiff's date of birth and Social
Security Number which permits this firm and other representative of
Defendant to obtain copies of Plaintiff's Medicaid records.
8. Copies of allwritings by which Plaintiff and/or Plaintiff's representatives
have placed Medicaid on notice of Plaintiff's pending personal injury claim
and/or lawsuit and copies of any acknowledgment and/or responses from
Medicaid.
9. Copies of Plaintiff's application for Medicaid benefits and copies of any
responses thereto.
Plaintiffs Collecting Social Security Benefits
1. Copies of Plaintiff's application for Social Security Disability benefits and
copies of any response(s) thereto.
2. Duly executed authorization bearing Plaintiff's date of birth and Social
Security Number which permits this firm and other representative of
Defendants to obtain copies of Plaintiff's Social Security Disability file.
Pursuant to CPLR 3101(h), these Demands are continuing in nature. Ifany responsive information
is obtained afterthe date of thisDeinand, itis to be promptly furnished to us. If you
failto comply, we shall rely on all sanctions provided by law.
DATED: May 6, 2021
Buffalo, New York Yours etc.,
/A ES P. BURGIO, ES .
RGIO, CURVIN & B K R
Attorneys for Defendant
496 Main Street
Buffalo, New York 14202
(716) 854-1744
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021
TO: ROBERT VIOLA, ESQ.
VIOLA, CUMMINGS & LINDSAY, LLP
Attorneys for Plaintiffs
770 Main Street
Niagara Falls, New York 14301
(716) 285-9555
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Preview
FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA __________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR STATEMENTS, ITNESSES, PHOTOGRAPHS, ACCIDENT REPORTS, AND INSURANCE INFORMATION PATRICIA DUSETT Defendant _________________....________ PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned, BURGIO, CURVIN & BANKER, hereby demands that you furnish within TWENTY (20) DAYS of the service of this notice the following: 1. Copies of allstatemcñ‡s, whether signed or otherwise, of the aforesaid Defendant, or the agents, servants or employees of said Defendant including any documents purporting to bear the signature of the Defendant herein. 2. Names and addresses of each and every witness: a. To the incident which isthe subject of the above- entitled action; b. To any allegedly defective condition; c. To any notice to Defendant; d. To any admission by Defendant; e. To any other element reflecting on liability. f. Pursuant to the Rule set forthin Troup vs. Midland-Ross Corporation, 94 A.D.2d 949, 464 N.Y.S.2d 74 (4th Dept., 1983) and CPLR 3101, copies of statements, written or otherwise, of each and every other party to the instant litigation,their agents, servants and/or employees. g. All witnesses in connection with any issues concerning damages. 3. Any and allphetcgraphs, slides or films of the scene of the incident which isthe subject of this litigation and allinstrumentalities involved. 4. Copies of any and all written reports prepared by the parties, and/or their agents, employees or representatives, concerning the accident which is the subject of this litigation (i.e., MV-104, report to 1 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 Workers' law enforcement agency, Compensation forms C-2 and C-3, any internal report to an employer concerning the accident, any report prepared by an employer as part of the regular internal operations of that enterprise, any report to an insurance carrier.) 5. Copies of any and alldata obtained from any vehicle involved inthe accident, from any restraint control module, sensing diagnostic module, airbag module, or any data whatsoever from any portion of the vehicle communications network, together with the date and time the data was obtained and the name, address and phone number of the person/entity who obtained the data. 6. Copies of alldamage and/or repair estimates pertaining to allvehicles involved in the accident, and alldocuments which reflectpayment for any repairs of the vehicles involved in thisaccident. THIS DEMAND IS APPLICABLE ONLY TO DEFENDANT AND/OR PLAINTIFF AGAINST WHOM COUNTERCLAIMS HAVE BEEN ASSERTED 7. Copies of any and allinsurance agreements which may provide primary or excess coverage or a defense for any of the causes of action alleged in this case. YOU ARE REQUIRED, if you do not have one ormore of the above, to submit a letteror affidavit so stating within TWENTY (20) DAYS of the service of this Notice. IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law. PLEASE BE ADVISED, that thisnotice imposes an ongoing duty on you to forward any such information and items to the undersigned within TWENTY (20) DAYS of receipt thereof, up until time of trial. DATED: May 6, 2021 Buffalo, New York Yours etc., J ES P. BURGIO, ESQ. RGIO, CURVIN & B R Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 2 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA ____________________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR RELIEF Section 3017(c) PATRICIA DUSETT Defendant _______________________________ PLEASE TAKE NOTICE that pursuant to Section 3017 of the CPLR, the Defendant requests a statement within FIFTEEN (15) DAYS of the service hereof of the total damages to which the Plaintiff deems herself entitled. In the event the statement is not served within fifteen (15) days of this request, the Defendant will apply for allrelief to which they are entitled by law. DATED: May 6, 2021 Buffalo, New York Yours etc., S P. BURGIO, E . RGIO, CURVIN & KER Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 3 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA _________________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR COLLATERAL SOURCES PATRICIA DUSETT Defendant ___________________________________ PLEASE TAKE NOTICE that pursuant to CPLR 4545 the Defendant, PATRICIA DUSETT, hereby demands that you furnish, to BURGIO, CURVIN & BANKER, Attorneys for Defendant, within TWENTY (20) DAYS of the receipt of this notice, the following: 1. Ifthe Plaintiffseeks to recover damages for the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings or other economic loss,identify whether the Plaintiffwas, is or will be entitled to receive benefits from or be indemnified by, in whole or in part, any collateral source, including but not limited to: (a) disability insurance; (b) credit disability insurance; (c) employer provided sick pay or income continuance plans; (d) welfare benefits; (e) mortgage disability insurance; (f) travel accident insurance; (g) hospital indemnify insurance; (h) medical, dental, surgical, diagnostic, x-ray laboratory or major medical insurance, including coverage provided by a health maintenance insurer; (i) Social Security benefits except for benefits received under Title XVIII of the Social Security Act (Health Insurance for the Aged and Disabled). 2. For each such collateral source so identified, specify: 4 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 (a) the name of the benefit provider; (b) itsaddress; (c) the policy and/or identification number applicable to the Plaintiffs claim; (d) the amount of benefits received or to be received in the future; (e) the premiums paid by the Plaintifffor such benefits for the two-year period immediately preceding the accrual of the action; (f) the projected future cost to the Plaintiff of maintaining such benefits. PLEASE TAKE FURTHER NOTICE that unless the aforesaid information and items are furnished within the specified time or a statement in writing indicating that such information and items are not in your possession is supplied within the specified time, appropriate penalties will be sought. DATED: May 6, 2021 Buffalo, New York Yours etc., ' ES P. BURGIÓ, E . RGIO, CURVIN & KER Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys forPlaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 5 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA _______________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR EXPERT INFORMATION PATRICIA DUSETT Defendant ________________________ PLEASE TAKE NOTICE that pursuant to Section 3101 of the CPLR, you are required to furnish the undersigned, BURGIO, CURVIN & BANKER, with the following information within TWENTY (20) DAYS of the service of this notice: a. The identity of each and every expert witness to be called on the trialof thisaction; b. The subject matter upon which such expert isto testify; c. The substance of the facts and opinions which the expert is expected to testify; d. The qualifications of each expert; e. A summary on the grounds of each expert's opinion; f. Dates of allreports rendered by such expert. DATED: May 6, 2021 Buffalo, New York Yours etc., JA ES P. BURGIO, ES . GIO, CURVIN & B KER ttorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 6 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA ___........__________________________.. LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR MEDICAL REPORTS AND AUTHORIZATIONS PATRICIA DUSETT Defendant ____________________________..___ PLEASE TAKE NOTICE that pursuant to CPLR 3101, CPLR 3120, Article 31 of the CPLR, 22 N.Y.C.R.R. 202.17 and Cynthia B. vs. New Rõchelic Hospital Medical Center, 60 N.Y. 2d 452, 470 N.Y.S. 2d 122, 458 N.E. 2d 363 (1983), you are required to serve upon the undersigned, BURGIO, CURVIN & BANKER, within TWENTY (20) DAYS of service of this notice, the following: 1. All existing (and future) medical reports of allmedical service providers who have treated or examined the Plaintiff in connection with injuries and conditions for which recovery is sought, and who may be called to testify on Plaintiff'sbehalf, as well as any and allhospital records where the Plaintiff has been treated or confined with regard to those areas of the body claimed to have been injured in connection with the accident which isthe subject of the above referenced litigation, regardless of the time frame of treatment. 2. Duly executed and acknowledged authorizations permitting the Defendant to obtain and copy providers' allhospital records, x-ray reports and medical records of the Plaintiff, regardless of time frame, with regard to those areas claimed to be injured by the Plaintiff as a result of the incident which is the subject of this litigation. YOU ARE REQUIRED, ifyou do not have one or more of the above, to submit a letteror affidavit so stating within TWENTY (20) DAYS of the service of this Notice. IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided by law. PLEASE BE ADVISED, that this notice imposes an ongoing duty on you to forward any such information and items to the undersigned within TWENTY (20) DAYS of receipt thereof, up untiltime of Trial. 7 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 DATED: May 6, 2021 Buffalo, New York Yours etc., MES P. BURGIO, E . URGIO, CURVIN & KER Attorneys forDefendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls,New York 14301 (716) 285-9555 8 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA __________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. DEMAND FOR NO-FAULT AUTHORIZATION PATRICIA DUSETT Defendant _______..______________________ The Defendant, PATRICIA DUSETT, by her Attorneys, BURGIO, CURVIN & BANKER, pursuant to CPLR 3101, hereby makes demand that you provide said Attorneys with duly executed and acknowledged authorizations permitting said Attorneys to examine and obtain copies of the No-Fault file for the Plaintiff herein. See Scott v Saint Albord (2nd Dept., 2001), 289 A.D.2d 389, 734 N.Y.S.2d 623. PLEASE TAKE FURTHER NOTICE that,your failure to provide said authorizations, will result in a Motion seeking that reliefto which the Defendant is entitledby law. DATED: May 6, 2021 Buffalo, New York Yours etc., J ES P. BURGIO, ESQ. RGIO, CURVIN & BANKER Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 9 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA __________________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs Index No. E174698/2021 vs. NOTICE FOR DISCOVERY AND INSPECTION OF PROOF OF FILING PATRICIA DUSETT Defendant ____________________________ PLEASE TAKE NOTICE that,pursuant to CPLR Article 31, the following must be furnished to the undersigned within twenty (20) days of the date of this Demand: 1. Proof of Service of the Summons and Complaint for the within action. 2. Proof of Purchase of an Index Number for the within action. 3. Proof of filing of the Summons and Complaint for the within action. PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand shall form the basis for the making of an application to the Court forthe appropriate relief. DATED: May 6, 2021 Buffalo, New York Yours etc., J S P. BURGIO, ESQ. GIO, CURVIN & B .R Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attomeys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 10 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA ________________________ LUCY KERR AND WILLIAM KERR, as Wife and Husband Plaintiffs DEMAND FOR MEDICARE/ MEDICARE ADVANTAGE MEDICAID/SOCIAL SECURITY DISABILITY INFORMATION vs. Index No. E174698/2021 PATRICIA DUSETT Defendant ______________________ PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, 42 U.S.C. §1395y(b)(2)(B), and New York Social Services Law §104-b, we request that you furnish the following within twenty (20) days of the service of this Demand: 1. Plaintiff's date of birth. 2. Plaintiff's Social Security Number. For Medicare Recipients 1. Plaintiff's Medicare filenumber. 2. The address of the office handling Plaintiff'sMedicare file. 3. The name, address, and telephone number of the claim handler/recovery contractor handling Plaintiff's Medicare file. 4. Amounts paid by Medicare for accident related treatment. 5. A duly executed authorization bearing Plaintiff's date of birth and Social Security Number which permits this firm and other representative of Defendant to obtain copies of Plaintiff's Medicare records. 6. Copies of allwritings by which Plaintiff and/or Plaintiff's representatives have placed Medicare on notice of Plaintiff's pending personal injury claim and/or lawsuit and copies of any acknowledgment and/or responses from 11 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 Medicare. 7. Copies of alldocuments, records, memoranda, notes, and the like in Plaintiff'spossession and control concerning Plaintiff's receipt of Medicare benefits, including, but not limited to, interim conditional payment information, documents, and materials. Plaintiffs Covered by a Medicare Advantage Plan 1. Insurance carrier providing Medicare Advantage coverage. 2. Medicare Advantage Insurance Carrier ID number. 3. Name, address and telephone number of Insurance Carrier. 4. Name of Medicare Advantage Insurance Carrier Claims Handler. 5. Amounts paid by Plaintiff's Medicare Advantage Insurance Carrier for accident related medical expenses. 6. Copies of alldocuments, records, memoranda, notes in Plaintiff's possession and control concerning Plaintiff's receipt of Medicare Advantage benefits including but not limited to explanation of benefit forms, conditional payment information, organization determinations and other materials. 7. A duly executed authorization bearing Plaintiff's date of birth and Social Security Number which permits this firm and other representative of Defendant to obtain copies of records from Plaintiff's Medicare Advantage insurance carrier. 8. Copies of all writings by which Plaintiff and/or Plaintiff's representatives have placed the Medicare Advantage carrier on notice of Plaintiff's pending personal injury claim and/or lawsuit and copies of any acknowledgment and/or responses from the Medicare Advantage carrier. Plaintiffs Receiving Medicaid Benefits 1. Plaintiff's Medicaid filenumber. 2. The address of the office handling Plaintiff's Medicaid file. 3. The name, address, and telephone number of the claim handler/recovery contractor handling Plaintiff's Medicaid file. 4. Amounts paid by Plaintiff's Medicaid provider for accident related medical expenses. 5. Amounts claimed by Plaintiff's Medicaid provider to be reimbursed to it from 12 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 the proceeds of any recovery by the Plaintiff in the action herein. 6. Copies of all documents, records, memoranda, notes, and the like in Plaintiff's possession and control concerning Plaintiff's receipt of Medicaid benefits. 7. A duly executed authorization bearing Plaintiff's date of birth and Social Security Number which permits this firm and other representative of Defendant to obtain copies of Plaintiff's Medicaid records. 8. Copies of allwritings by which Plaintiff and/or Plaintiff's representatives have placed Medicaid on notice of Plaintiff's pending personal injury claim and/or lawsuit and copies of any acknowledgment and/or responses from Medicaid. 9. Copies of Plaintiff's application for Medicaid benefits and copies of any responses thereto. Plaintiffs Collecting Social Security Benefits 1. Copies of Plaintiff's application for Social Security Disability benefits and copies of any response(s) thereto. 2. Duly executed authorization bearing Plaintiff's date of birth and Social Security Number which permits this firm and other representative of Defendants to obtain copies of Plaintiff's Social Security Disability file. Pursuant to CPLR 3101(h), these Demands are continuing in nature. Ifany responsive information is obtained afterthe date of thisDeinand, itis to be promptly furnished to us. If you failto comply, we shall rely on all sanctions provided by law. DATED: May 6, 2021 Buffalo, New York Yours etc., /A ES P. BURGIO, ES . RGIO, CURVIN & B K R Attorneys for Defendant 496 Main Street Buffalo, New York 14202 (716) 854-1744 13 of 14 FILED: NIAGARA COUNTY CLERK 05/06/2021 11:15 AM INDEX NO. E174698/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/06/2021 TO: ROBERT VIOLA, ESQ. VIOLA, CUMMINGS & LINDSAY, LLP Attorneys for Plaintiffs 770 Main Street Niagara Falls, New York 14301 (716) 285-9555 14 of 14