Preview
FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
NOTICE OF APPEARANCE
AND ANSWER
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
COUNSELORS:
PLEASE TAKE NOTICE, that the above-named Defendant, Mittat Akkaya hereby appear(s) in
this action, and that the undersigned have been retained as attorneys for said Defendant and demand that
you serve all papers in this proceeding upon them at the address stated below.
PLEASE TAKE FURTHER NOTICE, that the said Defendant hereby interposes the following
Verified Answer to the Plaintiff's Complaint.
ANSWERING THE FIRST CAUSE OF ACTION
The Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained in Paragraph(s) numbered “1” and “3”.
The Defendant denies upon information and belief as to the allegations contained in Paragraph(s)
numbered “7”, “9”, “10”, “11”, “16”, “17”, “18”, “19”, “20”, “21’ and “22” and respectfully refer this
matter to the trial Court as a question of law.
The Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained in Paragraph(s) numbered “12” and “13” and respectfully refer this matter to the trial Court as
a question of law.
The Defendant denies upon information and belief the allegations contained in Paragraph(s)
numbered “15" except to admit that on 1/17/20 at the aforesaid location there was a contact between the
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motor vehicle operated by defendant and a motor vehicle bearing New York State License plate number
GEY7463.
ANSWERING THE SECOND CAUSE OF ACTION
Answering paragraph numbered “23” of the complaint, the defendant repeat, reiterate and re-
allege each and every answer to each and every allegation set forth above with the same force and effect
as though more fully set forth at length herein.
The Defendant denies upon information and belief as to the allegations contained in Paragraph(s)
numbered “25”, “26”, and “27” and respectfully refer this matter to the trial Court as a question of law.
The Defendant denies knowledge or information sufficient to form a belief as to the allegations
contained in Paragraph(s) numbered “24” and respectfully refer this matter to the trial Court as a
question of law.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
That any verdict in the within action, for past, present and future medical care, dental care,
custodial care, or rehabilitation services, loss of earnings or other economic loss, should be reduced by
the amount that any such expense has or will with reasonable certainty be replaced or indemnified in
whole or in part from any collateral source, in accordance with the provisions and limitations of Section
4545(c) of the CPLR.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
Plaintiff has failed to sustain a serious physical injury as defined by Article 51 of the Insurance
Law of the State of New York.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
Plaintiff is limited to recovery for basic economic loss as provided for by the no-fault provisions
of Article 51 of the Insurance Law of the State of New York.
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AS AND FOR A FOURTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
The precise act, acts or omissions constituting the Plaintiff's culpable conduct, negligence
and/or failure to exercise reasonable care, consisted in the plaintiff maintaining, owning, operating and
controlling a motor vehicle in a dangerous, reckless, careless and hazardous manner; in driving a motor
vehicle at an excessive rate of speed under the then prevailing conditions; in failing to maintain proper
control of a motor vehicle; in failing to observe the roadway and the circumstances attendant thereto; in
carelessly and negligently failing and omitting to provide and/or make prompt and timely use of brakes
and steering mechanisms; in failing to avoid the happening of the accident by carelessly, recklessly and
negligently allowing, causing and permitting the vehicle to come into contact with the Defendant(s)
vehicle.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
Upon information and belief, Plaintiff failed to use or misused available seatbelts, and thereby
contributed to the alleged injuries.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
Plaintiff has an obligation to mitigate any and all damages and having failed to do so is therefore
charged with said failure to mitigate.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
That the Court lacks jurisdiction over the person of the Defendant(s).
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
That pursuant to General Obligations Law Section 15-108 this Defendant is entitled to and
demands a set off against any judgment that may be recovered by the Plaintiff(s) herein to the extent of
any amount previously paid by and on behalf of any third party to the Plaintiff(s) in settlement of their
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action or in the amount of this aforesaid Defendant’s equitable share of damages under Article 14 of the
CPLR, whichever is greater.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
That the Defendant was confronted by an emergency situation.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
If this answering Defendant is found liable to the Plaintiff, its responsibility for the accident is
less than fifty-one (51%) of the total liability assigned to all person liable and, therefore, any recovery
by Plaintiff for non-economic loss against this answering Defendant should be limited to its percentage
of liability.
WHEREFORE, the Defendant demands judgment dismissing the Complaint herein, together
with the costs and disbursements of this action, and any and all other relief this Court deems reasonable
and just.
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
__________________________
John P. Martorella, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
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Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
ATTORNEY
VERIFICATION
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
STATE OF NEW YORK }
}:SS
COUNTY OF NASSAU }
John P. Martorella, Esq., says that: I am the attorney of record or of counsel with the attorney(s) of
record for the DEFENDANT, MITTAT AKKAYA. I have read the annexed NOTICE OF
APPEARANCE AND VERIFIED ANSWER, and know the contents thereof and the same are true to
my knowledge, except those matters therein which are stated to be alleged on information and belief,
and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon
knowledge, is based upon the following: Discussion(s) with the Defendant(s) and/or review of notes
and/or documents in our file(s).
The reason I make this verification, instead of Defendant, is that the Defendant does not
presently reside in the County where your Deponent has an office.
That the sources of your Deponent's information and the grounds of my belief as to the matters
so alleged herein are investigations had by the Defendant, his agents, servants and representatives into
the subject matter hereof and correspondence relating thereto, reports of which investigations and copies
of which correspondence are in the possession of your Deponent.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: Yonkers, NY
May 27, 2021
By:
John P. Martorella, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
DEMAND FOR VERIFIED
BILL OF PARTICULARS
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to the provisions of the Rules of the Civil Practice
Laws and Rules, the undersigned hereby demands that you serve upon him, within thirty (30) days, a
Verified Bill of Particulars of the Plaintiff’s claims as alleged in the Complaint, setting forth specifically
and in detail the answers to the following items.
1. The date and approximate time of day of the occurrence alleged in the complaint (hereinafter
referred to as the “accident”).
2. The approximate place and location where the alleged accident occurred showing on what street
or road, with the name thereof; if it occurred at intersecting streets, the names thereof and the
particular part of the intersection; if it occurred between intersecting streets, the names thereof
and the distances from the intersection.
3. The general direction and on what street or road, with the name thereof, that it is claimed
Plaintiffs' motor vehicle was proceeding at the time of the accident.
4. The general direction and on what street or road, with the name thereof, that it is claimed
Defendants' motor vehicle was proceeding at the time of the accident.
5. A general statement of the acts and/or omissions constituting the negligence on the part of the
Defendants, of which Plaintiff complains.
6. State how it is claimed the accident occurred.
7. The particular provision of the rules, regulations, statutes and ordinances of the State of New
York, and any applicable municipal entity or subdivision thereof, with the title, article and
section number thereof which it is claimed the Defendants violated when the accident occurred.
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8. Set forth with specificity the portions of the Defendants' vehicle which were not safe and/or were
defective. With regards to each portion of the vehicle, state whether the Defendants had actual or
constructive notice of the unsafe and defective condition. If actual notice is claimed, state when,
where and to whom such notice is claimed, set forth the period of time in units of time
measurements that the unsafe and defective condition existed with regards to each unsafe and
defective portion of the Defendants' vehicle.
9. Set forth the nature, location, extent and duration of each and every injury claimed to have been
sustained by Plaintiff as a result of the accident. In addition, set forth:
i. Which of the above listed injuries Plaintiffs claims are "serious injuries" within
the scope, definition and meaning of Section 5102(d) of the New York State
Insurance Law, specifying the section or subdivision of that statute under which it
is claimed each such injury so qualifies and the manner in which each such injury
so qualifies;
ii. Which of the above listed injuries, including a description thereof, Plaintiff claims
are permanent;
iii. Whether Plaintiff claims any economic loss greater than basic economic loss as
defined in Insurance Law Section 5102(a); if so, state the amount(s) of each and
every item of economic loss so claimed.
10. State whether Plaintiff claims that the accident operated to aggravate, activate and/or exacerbate
any pre-existing condition, illness, disease and/or injury. If so, set forth with specificity the
following:
i. The name and nature of such pre-existing condition, illness, disease and/or injury;
ii. The length of time such pre-existing condition, illness, disease and/or injury
existed prior to the date of the accident; and
iii. The cause and/or origin of the pre-existing condition, illness, disease and/or
injury; and
iv. The names and addresses of all medical care providers who rendered treatment
and/or services to Plaintiff for such pre-existing condition, illness, disease and/or
injury, prior to the accident.
11. State the length of confinement of Plaintiff, following the accident, to:
i. Bed; and
ii. Home.
12. State the name of each and every hospital, clinic or institution where any treatment or
examination was rendered to Plaintiff, and the period of time, if any, of any confinement therein.
13. If it is claimed that Plaintiff was treated by a physician other than at the hospital/clinic, give the
name and address of each such physician(s). Accurately state the number of visits it is claimed
that Plaintiff made to each of the physicians so named.
14. State Plaintiffs:
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i. Present residence address;
ii. Address at the time of the occurrence;
iii. Date and place of birth; and
iv. Social Security number.
15. If Plaintiff was employed at the time of the accident, state:
i. The name and address of each of Plaintiff’s employer(s), and Plaintiff’s job title
with each such employer;
ii. The name of Plaintiff’s immediate supervisor(s);
iii. The length of time Plaintiff was incapacitated from employment following the
accident, and;
iv. If Plaintiff was self-employed, state the name and nature of Plaintiff’s self-
employment, the business address, Plaintiff’s job title, and the length of time
Plaintiff was incapacitated from such self-employment following the accident.
16. If Plaintiff was a student at the time of the accident, set forth:
i. The name and address of the school or institution that Plaintiff attended as of the
date of the accident; and
ii. Plaintiff’s grade and class; and
iii. The length of time that Plaintiff was absent following the accident, stating the
specific dates.
17. State the total amount claimed by Plaintiff as special damages for:
i. Hospital expenses;
ii. Physician services;
iii. Medical expenses;
iv. Nursing expenses;
v. MRI/X-ray expenses; and
vi. Out of pocket expenses.
18. State whether Plaintiff claims that he/she will incur future special damages due to the accident.
If so, state: (i), the nature of each such item of future special damages; (ii) the total amount of
future special damages claimed; (iii) the amount claimed for each item of future special
damages; (iv) the duration of time for which each item of future special damages will be
claimed; (v) the factual basis of such claim.
19. State whether Plaintiff claims lost earnings and/or income due to the accident. If so, state: (i) the
length of time over which such lost earnings/income occurred; (ii) the nature of such lost
earnings/income; (iii) a detailed statement as to how such lost earnings/income were computed;
(iv) whether any portion, in whole or in part, of Plaintiff’s lost earnings/income was paid or
reimbursed by insurance and/or other source, including, but not limited to, disability insurance,
Workers' Compensation, Social Security, Personal Injury Protection insurance (no-fault), lost
earnings/income insurance, or some other source; if so paid or reimbursed, specify such source
including name, address and claim/file number.
20. State whether Plaintiff claims that he/she will incur future lost earnings/income and/or a
diminution of earning capacity due to the accident. If so, state: (i) the total amount of such
claim; (ii) the annual amount of such claim; (iii) the duration of time for which such loss will be
claimed; (iv) the factual basis of such claim.
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21. State whether Plaintiff claims property damage due to the accident. If so, itemize each and every
item of property alleged to have been damaged in the accident, and accurately state: (i) the
original cost of each such item of property; (ii) its value immediately before the accident; (iii) its
value immediately following the accident; (iv) the cost to repair and/or replace each item of
property; and (v) the salvage value of each such item of property.
22. State whether Plaintiff claims loss of use of a vehicle due to the accident. If so, state: (i) the
length of time for which such loss of use occurred; (ii) whether a vehicle was hired to replace the
vehicle out of use; (iii) the reasonable rate per unit of time and total cost thereof resulting from
the loss of use.
23. If loss of services is claimed, itemize the services Plaintiff has been deprived of, and state for
what length of time Plaintiff has been deprived of those services.
24. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether the
Plaintiff has received, presently receives, or has applied to receive, Medicare benefits, including,
but not limited to, whether Plaintiff was, is, or will be, or has received any benefits, under
Medicare Part C.
25. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether
Plaintiff had, has, or has applied to receive a Medicare card and/or a health insurance claim
number.
26. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether
Plaintiff has received or is receiving Social Security Disability Insurance (SSDI) benefits for 24
months.
27. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether
Plaintiff has been diagnosed with and/or is suffering from end stage renal failure or ALS disease
(Amyotrophic Lateral Sclerosis).
28. State whether Plaintiff received any APIP (Additional Personal Injury Protection) benefits. If so,
set forth: (i) the name, address and claim/file number of the insurer providing such benefits; and
(ii) the amount of APIP benefits received.
29. State whether plaintiff received any medical or health care benefits from any source which has
made claim for repayment or reimbursement and/or asserted any lien or subrogation right, under
ERISA. If so, state: (i) the name, address and claim/file number of such benefit provider; (ii) the
amount of benefits received by Plaintiff; and (iii) the amount of repayment or reimbursement
sought by such benefit provider.
PLEASE TAKE FURTHER NOTICE, that in case of your failure to serve said Bill of
Particulars as demanded, we will move for an Order precluding the Plaintiff(s) from giving any evidence
at the trial of this action concerning the matter contained in said terms.
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
John P. Martorella, Esq.
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LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
DEMAND FOR SPECIFIC
RELIEF REQUESTED
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
COUNSELORS:
PLEASE TAKE NOTICE that pursuant to CPLR 3017(c), the Defendant(s), hereby demand(s)
that you furnish to the attorneys for the Defendant(s), within fifteen (15) days of the receipt of this
notice, a statement setting forth the specific and total amount of monetary damages sought by the
Plaintiff(s). In the event that the aforementioned information is not provided in the time period set forth
in this notice, an appropriate motion for relief will be made to the Court seeking compliance together
with the costs and disbursements allowed by law.
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
John P. Martorella, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
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801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
COMBINED DEMAND
FOR DISCOVERY AND
INSPECTION
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Sections 306-A, 306-B, 2103, 3101, and Rule
3102 and Rule 3120(2), Plaintiff(s), Anthony Abatelli, is/are hereby called upon to produce, at the office
of the undersigned, LAW OFFICES OF JENNIFER S. ADAMS, One Executive Boulevard, Suite 280,
Yonkers, NY 10701 on June 28, 2021 at 2:00 p.m., the following: All written reports of the accident
prepared in the regular course of business operations or practices of any person, firm, corporation,
association or other public or private entity.
1. All written reports of the accident prepared in the regular course of business operations or
practices of any person, firm, corporation, association or other public or private entity.
2. The name and address of each and every person claimed by you, and/or any party you represent,
to be a witness to:
i. The accident and/or any event immediately before or after the accident;
ii. Any act, omission, or condition which caused or contributed to the accident;
iii. Any actual or constructive notice allegedly given to Defendant;
iv. The nature and duration of any condition which it will be claimed caused or
contributed to the accident;
v. Any fact bearing on any of the liability issues in this action;
vi. Any injury, disability and/or item or element of damage(s), past, present or future,
claimed by Plaintiff to have been caused or contributed to by the accident;
vii. Any item or element of special damages, past, present or future, claimed by
Plaintiff to have been caused or contributed to by the accident;
viii. Any fact bearing on any of the damages issues in this action.
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3. Each and every statement given or made by or taken from each defendant(s) and/or any party
represented by the undersigned, or the agents, servants or employees of said party, now in your
possession, custody or control, or in the possession, custody or control of any party you represent
in this action.
4. All photographs in the possession, custody and control of you, and/or any party you represent, or
their representative, showing the place of the occurrence as it existed on the date of the accident,
and/or showing the conditions of the accident site to be alleged to represent said site as of the
time of the occurrence.
5. All photographs in the possession, custody or control of you, and/or any party you represent, or
their representatives, depicting the injuries and/or damages claimed by Plaintiff. If plaintiff
claims to have sustained any laceration, scar and/or other significant disfigurement due to the
accident, provide photographs of Plaintiff taken prior to the accident, depicting the affected body
part(s) on/in which Plaintiff claims a laceration, scar and/or other significant disfigurement due
to the accident.
6. All photographs in the possession, custody and control of any party you represent or their
representatives, depicting: (i) the damage sustained by any vehicle involved in the accident; (ii)
the damage sustained by any non-vehicle object or property involved in the accident; and (iii) the
damage to any item of property for which Plaintiff asserts a property damage claim in this action.
7. Set forth the amount of any insurance covering any party to this action, including excess or
umbrella policies. If plaintiff has made a claim for SUM/UM coverage, state the name, address,
claim/file number and policy limits of the insurer to whom claim has been made. Provide a copy
of the declarations page of any applicable policy.
8. The name and address of each and every person whom you expect to call as an expert witness at
trial.
9. Set forth the qualifications of each such expert witness.
10. Set forth, in reasonable detail, the subject matter on which each such expert is expected to testify.
11. Set forth the substance of the facts and opinions on which each such expert is expected to testify,
and a summary of the grounds for each expert's opinion.
12. A copy of any estimate of repair and/or bills for repairs of damages allegedly sustained to: (i)
any vehicle involved in the accident; (ii) any non-vehicle object or property involved in the
accident; and (iii) any item of property for which Plaintiff asserts a property damage claim in this
action.
13. Pursuant to Rule 2013(e) of the CPLR, a list of those attorneys who have appeared in this action,
together with their addresses and the name of the party for whom each such attorney has
appeared.
14. Copies of the medical reports of those physicians who have treated or examined the party
seeking recovery for any of the injuries, damages and/or conditions claimed in this lawsuit.
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 technicians' reports which will be
offered at the trial.
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15. Copies of the medical reports of those physicians who will testify on behalf of the party seeking
recovery. 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 ray and technicians'
reports which will be offered at the trial.
16. A copy of the Plaintiffs' driver's license.
17. Plaintiffs' income tax returns for the calendar year of the accident and the two preceding calendar
years, and/or authorizations permitting requesting defendant to obtain same.
18. The name and address of Plaintiffs' employer(s) and authorizations to secure employment
records from all of the Plaintiffs’ employers for the calendar year of the accident and for the
subsequent two years up to and including the present.
19. Duly executed and acknowledge written authorizations permitting all parties to obtain and make
copies of all hospital records, and such other medical records including x-ray and technician’s
reports as may be referred to and identified in the statement of the examined party’s physicians.
20. The name and address of any school attended by the Plaintiffs during the calendar year of the
accident, and the calendar years subsequent to the accident up to and including the present; and
authorizations to secure the school records of any of the aforementioned schools attended by the
Plaintiffs during the periods so specified.
21. Duly executed and acknowledged written authorization permitting all parties to obtain and make
copies of the Plaintiff’s No-Fault file.
22. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s Worker's Compensation file.
23. Duly executed and acknowledged written authorization permitting all parties to obtain and make
copies of the Plaintiff’s New York Disability file.
24. Duly executed and acknowledged written authorization permitting all parties to obtain and make
copies of the Plaintiff’s Social Security file.
25. Duly executed and acknowledged written authorization permitting all parties to obtain and make
copies of the Plaintiff’s primary care physician.
26. Copies of all documents, bills, invoices, receipts or cancelled checks concerning indemnification,
payment and/or reimbursements, in whole or in part, which Plaintiff has received from collateral
sources, including but not limited to no-fault and other insurance, Social Security, disability,
Workers’ Compensation or employee benefit programs for the cost of medical care, custodial
care, rehabilitation services, loss of earnings and other economic loss which the Plaintiff claims
as special damages.
27. Pursuant to CPLR 306-A and 306-B, furnish: (i) proof that the Summons and Complaint, or
Summons with Notice, were filed with the Court prior to service; (ii) a copy of the receipt for
purchase of the index number; and (iii) a copy of the affidavit of service indicating service upon
this Defendant.
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28. A copy of the written report of the accident prepared by any adverse party for submission and
filing with the State of New York Department of Motor Vehicles, commonly known as an “MV-
104”.
If an item demanded is not known, or no such item is in your possession, custody or control,
please so state in the reply to this Demand.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and you are required to
furnish to the undersigned updated responses if further information is obtained in the future.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to the
testimony of any witnesses not so identified or the use of any photograph or statement or record not
furnished pursuant to this Demand.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and the undersigned will
object at trial to the introduction of any expert testimony the details of which have not been furnished as
requested herein.
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
John P. Martorella, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
NOTICE TO TAKE
DEPOSITION
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the
testimony, upon oral examination of all adverse parties to 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: Place To Be Determined on August 10, 2021 at 10:00 o'clock in the forenoon of that day
with respect to evidence and material necessary in the defense of this action:
All of the relevant facts and circumstances in connection with the accident which occurred on
1/17/2020, including negligence, contributory negligence, liability and damages.
That the said person to be examined is required to produce at such examination the following:
18 of 23
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021
ANY AND ALL RELEVANT DOCUMENTS INCLUDING ACCIDENT REPORTS,
MEMORANDUMS, BOOKS, RECORDS AND PHOTOGRAPHS RELATING TO SAID
ACCIDENT
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
John P. Martorella, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
cgabel@selectattorney.com
801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
19 of 23
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 608019/2021
ANTHONY ABATELLI,
CPLR 2103 NOTICE
Plaintiff,
-against-
MITTAT AKKAYA,
Defendant.
COUNSELORS:
PLEASE TAKE NOTICE that Defendant, by his attorneys, LAW OFFICES OF JENNIFER S.
ADAMS, hereby serve notice upon you pursuant to Rule 2103 of the Civil Practice Law & Rules that he
expressly rejects service of papers in this matter upon him by electronic means.
PLEASE TAKE FURTHER NOTICE that the waiver of the foregoing may only be effectuated
by express prior written consent to such service by LAW OFFICES OF JENNIFER S. ADAMS.
DATED: Yonkers, NY
May 27, 2021
Respectfully submitted,
John P. Martorella, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Mittat Akkaya
One Executive Boulevard, Suite 280
Yonkers, NY 10701
(516) 502-1340
Our File No.: 203993922-001
TO:
Bergman Bergman Fields & Lamonsoff, LLP
Attorney for Plaintiff
Anthony Abatelli
20 of 23
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021
801 S. Broadway
Hicksville, NY 11801
(516) 739-2220/(516) 741-1082 (F)
21 of 23
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NY
Preview
FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, NOTICE OF APPEARANCE AND ANSWER Plaintiff, -against- MITTAT AKKAYA, Defendant. COUNSELORS: PLEASE TAKE NOTICE, that the above-named Defendant, Mittat Akkaya hereby appear(s) in this action, and that the undersigned have been retained as attorneys for said Defendant and demand that you serve all papers in this proceeding upon them at the address stated below. PLEASE TAKE FURTHER NOTICE, that the said Defendant hereby interposes the following Verified Answer to the Plaintiff's Complaint. ANSWERING THE FIRST CAUSE OF ACTION The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in Paragraph(s) numbered “1” and “3”. The Defendant denies upon information and belief as to the allegations contained in Paragraph(s) numbered “7”, “9”, “10”, “11”, “16”, “17”, “18”, “19”, “20”, “21’ and “22” and respectfully refer this matter to the trial Court as a question of law. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in Paragraph(s) numbered “12” and “13” and respectfully refer this matter to the trial Court as a question of law. The Defendant denies upon information and belief the allegations contained in Paragraph(s) numbered “15" except to admit that on 1/17/20 at the aforesaid location there was a contact between the 1 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 motor vehicle operated by defendant and a motor vehicle bearing New York State License plate number GEY7463. ANSWERING THE SECOND CAUSE OF ACTION Answering paragraph numbered “23” of the complaint, the defendant repeat, reiterate and re- allege each and every answer to each and every allegation set forth above with the same force and effect as though more fully set forth at length herein. The Defendant denies upon information and belief as to the allegations contained in Paragraph(s) numbered “25”, “26”, and “27” and respectfully refer this matter to the trial Court as a question of law. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in Paragraph(s) numbered “24” and respectfully refer this matter to the trial Court as a question of law. AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That any verdict in the within action, for past, present and future medical care, dental care, custodial care, or rehabilitation services, loss of earnings or other economic loss, should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or indemnified in whole or in part from any collateral source, in accordance with the provisions and limitations of Section 4545(c) of the CPLR. AS AND FOR A SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: Plaintiff has failed to sustain a serious physical injury as defined by Article 51 of the Insurance Law of the State of New York. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: Plaintiff is limited to recovery for basic economic loss as provided for by the no-fault provisions of Article 51 of the Insurance Law of the State of New York. 2 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: The precise act, acts or omissions constituting the Plaintiff's culpable conduct, negligence and/or failure to exercise reasonable care, consisted in the plaintiff maintaining, owning, operating and controlling a motor vehicle in a dangerous, reckless, careless and hazardous manner; in driving a motor vehicle at an excessive rate of speed under the then prevailing conditions; in failing to maintain proper control of a motor vehicle; in failing to observe the roadway and the circumstances attendant thereto; in carelessly and negligently failing and omitting to provide and/or make prompt and timely use of brakes and steering mechanisms; in failing to avoid the happening of the accident by carelessly, recklessly and negligently allowing, causing and permitting the vehicle to come into contact with the Defendant(s) vehicle. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: Upon information and belief, Plaintiff failed to use or misused available seatbelts, and thereby contributed to the alleged injuries. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: Plaintiff has an obligation to mitigate any and all damages and having failed to do so is therefore charged with said failure to mitigate. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That the Court lacks jurisdiction over the person of the Defendant(s). AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That pursuant to General Obligations Law Section 15-108 this Defendant is entitled to and demands a set off against any judgment that may be recovered by the Plaintiff(s) herein to the extent of any amount previously paid by and on behalf of any third party to the Plaintiff(s) in settlement of their 3 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 action or in the amount of this aforesaid Defendant’s equitable share of damages under Article 14 of the CPLR, whichever is greater. AS AND FOR A NINTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: That the Defendant was confronted by an emergency situation. AS AND FOR A TENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: If this answering Defendant is found liable to the Plaintiff, its responsibility for the accident is less than fifty-one (51%) of the total liability assigned to all person liable and, therefore, any recovery by Plaintiff for non-economic loss against this answering Defendant should be limited to its percentage of liability. WHEREFORE, the Defendant demands judgment dismissing the Complaint herein, together with the costs and disbursements of this action, and any and all other relief this Court deems reasonable and just. DATED: Yonkers, NY May 27, 2021 Respectfully submitted, __________________________ John P. Martorella, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: 4 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 5 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, ATTORNEY VERIFICATION Plaintiff, -against- MITTAT AKKAYA, Defendant. STATE OF NEW YORK } }:SS COUNTY OF NASSAU } John P. Martorella, Esq., says that: I am the attorney of record or of counsel with the attorney(s) of record for the DEFENDANT, MITTAT AKKAYA. I have read the annexed NOTICE OF APPEARANCE AND VERIFIED ANSWER, and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Discussion(s) with the Defendant(s) and/or review of notes and/or documents in our file(s). The reason I make this verification, instead of Defendant, is that the Defendant does not presently reside in the County where your Deponent has an office. That the sources of your Deponent's information and the grounds of my belief as to the matters so alleged herein are investigations had by the Defendant, his agents, servants and representatives into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in the possession of your Deponent. I affirm that the foregoing statements are true under penalties of perjury. Dated: Yonkers, NY May 27, 2021 By: John P. Martorella, Esq. 6 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, DEMAND FOR VERIFIED BILL OF PARTICULARS Plaintiff, -against- MITTAT AKKAYA, Defendant. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to the provisions of the Rules of the Civil Practice Laws and Rules, the undersigned hereby demands that you serve upon him, within thirty (30) days, a Verified Bill of Particulars of the Plaintiff’s claims as alleged in the Complaint, setting forth specifically and in detail the answers to the following items. 1. The date and approximate time of day of the occurrence alleged in the complaint (hereinafter referred to as the “accident”). 2. The approximate place and location where the alleged accident occurred showing on what street or road, with the name thereof; if it occurred at intersecting streets, the names thereof and the particular part of the intersection; if it occurred between intersecting streets, the names thereof and the distances from the intersection. 3. The general direction and on what street or road, with the name thereof, that it is claimed Plaintiffs' motor vehicle was proceeding at the time of the accident. 4. The general direction and on what street or road, with the name thereof, that it is claimed Defendants' motor vehicle was proceeding at the time of the accident. 5. A general statement of the acts and/or omissions constituting the negligence on the part of the Defendants, of which Plaintiff complains. 6. State how it is claimed the accident occurred. 7. The particular provision of the rules, regulations, statutes and ordinances of the State of New York, and any applicable municipal entity or subdivision thereof, with the title, article and section number thereof which it is claimed the Defendants violated when the accident occurred. 7 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 8. Set forth with specificity the portions of the Defendants' vehicle which were not safe and/or were defective. With regards to each portion of the vehicle, state whether the Defendants had actual or constructive notice of the unsafe and defective condition. If actual notice is claimed, state when, where and to whom such notice is claimed, set forth the period of time in units of time measurements that the unsafe and defective condition existed with regards to each unsafe and defective portion of the Defendants' vehicle. 9. Set forth the nature, location, extent and duration of each and every injury claimed to have been sustained by Plaintiff as a result of the accident. In addition, set forth: i. Which of the above listed injuries Plaintiffs claims are "serious injuries" within the scope, definition and meaning of Section 5102(d) of the New York State Insurance Law, specifying the section or subdivision of that statute under which it is claimed each such injury so qualifies and the manner in which each such injury so qualifies; ii. Which of the above listed injuries, including a description thereof, Plaintiff claims are permanent; iii. Whether Plaintiff claims any economic loss greater than basic economic loss as defined in Insurance Law Section 5102(a); if so, state the amount(s) of each and every item of economic loss so claimed. 10. State whether Plaintiff claims that the accident operated to aggravate, activate and/or exacerbate any pre-existing condition, illness, disease and/or injury. If so, set forth with specificity the following: i. The name and nature of such pre-existing condition, illness, disease and/or injury; ii. The length of time such pre-existing condition, illness, disease and/or injury existed prior to the date of the accident; and iii. The cause and/or origin of the pre-existing condition, illness, disease and/or injury; and iv. The names and addresses of all medical care providers who rendered treatment and/or services to Plaintiff for such pre-existing condition, illness, disease and/or injury, prior to the accident. 11. State the length of confinement of Plaintiff, following the accident, to: i. Bed; and ii. Home. 12. State the name of each and every hospital, clinic or institution where any treatment or examination was rendered to Plaintiff, and the period of time, if any, of any confinement therein. 13. If it is claimed that Plaintiff was treated by a physician other than at the hospital/clinic, give the name and address of each such physician(s). Accurately state the number of visits it is claimed that Plaintiff made to each of the physicians so named. 14. State Plaintiffs: 8 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 i. Present residence address; ii. Address at the time of the occurrence; iii. Date and place of birth; and iv. Social Security number. 15. If Plaintiff was employed at the time of the accident, state: i. The name and address of each of Plaintiff’s employer(s), and Plaintiff’s job title with each such employer; ii. The name of Plaintiff’s immediate supervisor(s); iii. The length of time Plaintiff was incapacitated from employment following the accident, and; iv. If Plaintiff was self-employed, state the name and nature of Plaintiff’s self- employment, the business address, Plaintiff’s job title, and the length of time Plaintiff was incapacitated from such self-employment following the accident. 16. If Plaintiff was a student at the time of the accident, set forth: i. The name and address of the school or institution that Plaintiff attended as of the date of the accident; and ii. Plaintiff’s grade and class; and iii. The length of time that Plaintiff was absent following the accident, stating the specific dates. 17. State the total amount claimed by Plaintiff as special damages for: i. Hospital expenses; ii. Physician services; iii. Medical expenses; iv. Nursing expenses; v. MRI/X-ray expenses; and vi. Out of pocket expenses. 18. State whether Plaintiff claims that he/she will incur future special damages due to the accident. If so, state: (i), the nature of each such item of future special damages; (ii) the total amount of future special damages claimed; (iii) the amount claimed for each item of future special damages; (iv) the duration of time for which each item of future special damages will be claimed; (v) the factual basis of such claim. 19. State whether Plaintiff claims lost earnings and/or income due to the accident. If so, state: (i) the length of time over which such lost earnings/income occurred; (ii) the nature of such lost earnings/income; (iii) a detailed statement as to how such lost earnings/income were computed; (iv) whether any portion, in whole or in part, of Plaintiff’s lost earnings/income was paid or reimbursed by insurance and/or other source, including, but not limited to, disability insurance, Workers' Compensation, Social Security, Personal Injury Protection insurance (no-fault), lost earnings/income insurance, or some other source; if so paid or reimbursed, specify such source including name, address and claim/file number. 20. State whether Plaintiff claims that he/she will incur future lost earnings/income and/or a diminution of earning capacity due to the accident. If so, state: (i) the total amount of such claim; (ii) the annual amount of such claim; (iii) the duration of time for which such loss will be claimed; (iv) the factual basis of such claim. 9 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 21. State whether Plaintiff claims property damage due to the accident. If so, itemize each and every item of property alleged to have been damaged in the accident, and accurately state: (i) the original cost of each such item of property; (ii) its value immediately before the accident; (iii) its value immediately following the accident; (iv) the cost to repair and/or replace each item of property; and (v) the salvage value of each such item of property. 22. State whether Plaintiff claims loss of use of a vehicle due to the accident. If so, state: (i) the length of time for which such loss of use occurred; (ii) whether a vehicle was hired to replace the vehicle out of use; (iii) the reasonable rate per unit of time and total cost thereof resulting from the loss of use. 23. If loss of services is claimed, itemize the services Plaintiff has been deprived of, and state for what length of time Plaintiff has been deprived of those services. 24. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether the Plaintiff has received, presently receives, or has applied to receive, Medicare benefits, including, but not limited to, whether Plaintiff was, is, or will be, or has received any benefits, under Medicare Part C. 25. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether Plaintiff had, has, or has applied to receive a Medicare card and/or a health insurance claim number. 26. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether Plaintiff has received or is receiving Social Security Disability Insurance (SSDI) benefits for 24 months. 27. Pursuant to 42 U.S.C. 1395y(b)(7), (8) (Mandatory Medicare Reporting Act), state whether Plaintiff has been diagnosed with and/or is suffering from end stage renal failure or ALS disease (Amyotrophic Lateral Sclerosis). 28. State whether Plaintiff received any APIP (Additional Personal Injury Protection) benefits. If so, set forth: (i) the name, address and claim/file number of the insurer providing such benefits; and (ii) the amount of APIP benefits received. 29. State whether plaintiff received any medical or health care benefits from any source which has made claim for repayment or reimbursement and/or asserted any lien or subrogation right, under ERISA. If so, state: (i) the name, address and claim/file number of such benefit provider; (ii) the amount of benefits received by Plaintiff; and (iii) the amount of repayment or reimbursement sought by such benefit provider. PLEASE TAKE FURTHER NOTICE, that in case of your failure to serve said Bill of Particulars as demanded, we will move for an Order precluding the Plaintiff(s) from giving any evidence at the trial of this action concerning the matter contained in said terms. DATED: Yonkers, NY May 27, 2021 Respectfully submitted, John P. Martorella, Esq. 10 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 11 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, DEMAND FOR SPECIFIC RELIEF REQUESTED Plaintiff, -against- MITTAT AKKAYA, Defendant. COUNSELORS: PLEASE TAKE NOTICE that pursuant to CPLR 3017(c), the Defendant(s), hereby demand(s) that you furnish to the attorneys for the Defendant(s), within fifteen (15) days of the receipt of this notice, a statement setting forth the specific and total amount of monetary damages sought by the Plaintiff(s). In the event that the aforementioned information is not provided in the time period set forth in this notice, an appropriate motion for relief will be made to the Court seeking compliance together with the costs and disbursements allowed by law. DATED: Yonkers, NY May 27, 2021 Respectfully submitted, John P. Martorella, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli 12 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 13 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, -against- MITTAT AKKAYA, Defendant. COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Sections 306-A, 306-B, 2103, 3101, and Rule 3102 and Rule 3120(2), Plaintiff(s), Anthony Abatelli, is/are hereby called upon to produce, at the office of the undersigned, LAW OFFICES OF JENNIFER S. ADAMS, One Executive Boulevard, Suite 280, Yonkers, NY 10701 on June 28, 2021 at 2:00 p.m., the following: All written reports of the accident prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. 1. All written reports of the accident prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. 2. The name and address of each and every person claimed by you, and/or any party you represent, to be a witness to: i. The accident and/or any event immediately before or after the accident; ii. Any act, omission, or condition which caused or contributed to the accident; iii. Any actual or constructive notice allegedly given to Defendant; iv. The nature and duration of any condition which it will be claimed caused or contributed to the accident; v. Any fact bearing on any of the liability issues in this action; vi. Any injury, disability and/or item or element of damage(s), past, present or future, claimed by Plaintiff to have been caused or contributed to by the accident; vii. Any item or element of special damages, past, present or future, claimed by Plaintiff to have been caused or contributed to by the accident; viii. Any fact bearing on any of the damages issues in this action. 14 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 3. Each and every statement given or made by or taken from each defendant(s) and/or any party represented by the undersigned, or the agents, servants or employees of said party, now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action. 4. All photographs in the possession, custody and control of you, and/or any party you represent, or their representative, showing the place of the occurrence as it existed on the date of the accident, and/or showing the conditions of the accident site to be alleged to represent said site as of the time of the occurrence. 5. All photographs in the possession, custody or control of you, and/or any party you represent, or their representatives, depicting the injuries and/or damages claimed by Plaintiff. If plaintiff claims to have sustained any laceration, scar and/or other significant disfigurement due to the accident, provide photographs of Plaintiff taken prior to the accident, depicting the affected body part(s) on/in which Plaintiff claims a laceration, scar and/or other significant disfigurement due to the accident. 6. All photographs in the possession, custody and control of any party you represent or their representatives, depicting: (i) the damage sustained by any vehicle involved in the accident; (ii) the damage sustained by any non-vehicle object or property involved in the accident; and (iii) the damage to any item of property for which Plaintiff asserts a property damage claim in this action. 7. Set forth the amount of any insurance covering any party to this action, including excess or umbrella policies. If plaintiff has made a claim for SUM/UM coverage, state the name, address, claim/file number and policy limits of the insurer to whom claim has been made. Provide a copy of the declarations page of any applicable policy. 8. The name and address of each and every person whom you expect to call as an expert witness at trial. 9. Set forth the qualifications of each such expert witness. 10. Set forth, in reasonable detail, the subject matter on which each such expert is expected to testify. 11. Set forth the substance of the facts and opinions on which each such expert is expected to testify, and a summary of the grounds for each expert's opinion. 12. A copy of any estimate of repair and/or bills for repairs of damages allegedly sustained to: (i) any vehicle involved in the accident; (ii) any non-vehicle object or property involved in the accident; and (iii) any item of property for which Plaintiff asserts a property damage claim in this action. 13. Pursuant to Rule 2013(e) of the CPLR, a list of those attorneys who have appeared in this action, together with their addresses and the name of the party for whom each such attorney has appeared. 14. Copies of the medical reports of those physicians who have treated or examined the party seeking recovery for any of the injuries, damages and/or conditions claimed in this lawsuit. 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 technicians' reports which will be offered at the trial. 15 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 15. Copies of the medical reports of those physicians who will testify on behalf of the party seeking recovery. 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 ray and technicians' reports which will be offered at the trial. 16. A copy of the Plaintiffs' driver's license. 17. Plaintiffs' income tax returns for the calendar year of the accident and the two preceding calendar years, and/or authorizations permitting requesting defendant to obtain same. 18. The name and address of Plaintiffs' employer(s) and authorizations to secure employment records from all of the Plaintiffs’ employers for the calendar year of the accident and for the subsequent two years up to and including the present. 19. Duly executed and acknowledge written authorizations permitting all parties to obtain and make copies of all hospital records, and such other medical records including x-ray and technician’s reports as may be referred to and identified in the statement of the examined party’s physicians. 20. The name and address of any school attended by the Plaintiffs during the calendar year of the accident, and the calendar years subsequent to the accident up to and including the present; and authorizations to secure the school records of any of the aforementioned schools attended by the Plaintiffs during the periods so specified. 21. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of the Plaintiff’s No-Fault file. 22. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of the Plaintiff’s Worker's Compensation file. 23. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of the Plaintiff’s New York Disability file. 24. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of the Plaintiff’s Social Security file. 25. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of the Plaintiff’s primary care physician. 26. Copies of all documents, bills, invoices, receipts or cancelled checks concerning indemnification, payment and/or reimbursements, in whole or in part, which Plaintiff has received from collateral sources, including but not limited to no-fault and other insurance, Social Security, disability, Workers’ Compensation or employee benefit programs for the cost of medical care, custodial care, rehabilitation services, loss of earnings and other economic loss which the Plaintiff claims as special damages. 27. Pursuant to CPLR 306-A and 306-B, furnish: (i) proof that the Summons and Complaint, or Summons with Notice, were filed with the Court prior to service; (ii) a copy of the receipt for purchase of the index number; and (iii) a copy of the affidavit of service indicating service upon this Defendant. 16 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 28. A copy of the written report of the accident prepared by any adverse party for submission and filing with the State of New York Department of Motor Vehicles, commonly known as an “MV- 104”. If an item demanded is not known, or no such item is in your possession, custody or control, please so state in the reply to this Demand. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and you are required to furnish to the undersigned updated responses if further information is obtained in the future. PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to the testimony of any witnesses not so identified or the use of any photograph or statement or record not furnished pursuant to this Demand. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and the undersigned will object at trial to the introduction of any expert testimony the details of which have not been furnished as requested herein. DATED: Yonkers, NY May 27, 2021 Respectfully submitted, John P. Martorella, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 17 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, NOTICE TO TAKE DEPOSITION Plaintiff, -against- MITTAT AKKAYA, Defendant. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony, upon oral examination of all adverse parties to 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: Place To Be Determined on August 10, 2021 at 10:00 o'clock in the forenoon of that day with respect to evidence and material necessary in the defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on 1/17/2020, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: 18 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 ANY AND ALL RELEVANT DOCUMENTS INCLUDING ACCIDENT REPORTS, MEMORANDUMS, BOOKS, RECORDS AND PHOTOGRAPHS RELATING TO SAID ACCIDENT DATED: Yonkers, NY May 27, 2021 Respectfully submitted, John P. Martorella, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli cgabel@selectattorney.com 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 19 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 608019/2021 ANTHONY ABATELLI, CPLR 2103 NOTICE Plaintiff, -against- MITTAT AKKAYA, Defendant. COUNSELORS: PLEASE TAKE NOTICE that Defendant, by his attorneys, LAW OFFICES OF JENNIFER S. ADAMS, hereby serve notice upon you pursuant to Rule 2103 of the Civil Practice Law & Rules that he expressly rejects service of papers in this matter upon him by electronic means. PLEASE TAKE FURTHER NOTICE that the waiver of the foregoing may only be effectuated by express prior written consent to such service by LAW OFFICES OF JENNIFER S. ADAMS. DATED: Yonkers, NY May 27, 2021 Respectfully submitted, John P. Martorella, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Mittat Akkaya One Executive Boulevard, Suite 280 Yonkers, NY 10701 (516) 502-1340 Our File No.: 203993922-001 TO: Bergman Bergman Fields & Lamonsoff, LLP Attorney for Plaintiff Anthony Abatelli 20 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/02/2021 801 S. Broadway Hicksville, NY 11801 (516) 739-2220/(516) 741-1082 (F) 21 of 23 FILED: SUFFOLK COUNTY CLERK 06/02/2021 01:37 PM INDEX NO. 608019/2021 NY