Preview
(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 6
RECEIVED NYSCEF: 01/28/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
wen ee ene c ence n cence cence nnn nn enn nnn nnn nn ennannnnnnnnannannannnnnnnan x Index No.: 519697/2018 (ECF)
JAHARY CANTO,
Plaintiff,
Vv.
VERIFIED ANSWER TO
COMPLAINT
CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Defendants.
Defendant, Cine Magic East River Studios, LLC, by its attorneys, EUSTACE,
MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, answers the Complaint of the Plaintiff
by stating as fo.
1,
lows:
Denies, upon information and belief,
20, 21, 22, 31, 32, 33, 34, 35, 36, 37, 38 and 39.
2.
Denies, upon information and belief,
the allegations of paragraphs 2, 7, 8, 15, 16, 18, 19,
the allegations of paragraph 17, except to admit that
Cine Magic East River Studios, LLC has a place of business in the County of Kings, State of New Y ork.
3.
Denies having knowledge or informal
allegations of paragraphs 3, 4, 5, 6, 9, 10, 11, 12, 13,
4.
Denies having knowledge or informal
allegations of paragraph 1 and respectfully refers all
ion sufficient to form a belief as to the truth of the
14, 23, 24, 25, 26, 27, 28, 29 and 30.
ion sufficient to form a belief as to the truth of the
questions of law to this Honorable Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
5. The injuries alleged to have been suffered by the Plaintiff were caused, in whole or part,
by the conduct of Plaintiff. Plaintiff's claims therefore are barred or diminished in the proportion that
such culpable ci
onduct of Plaintiff bears to the total c
ulpable conduct causing the damages.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
6. The injuries and damages alleged in the Complaint were caused or contributed to by the
culpable conduct including contributory negligence, assumption of the risk and/or product misuse of
persons over whom this Defendant had no authority or control.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
7. Pursuant to CPLR Article 16, the liability of this Defendant to the Plaintiff for non-
economic loss shall not exceed the equitable share of this Defendant determined in accordance with the
relative culpability of each person/party causing or contributing to the total liability for non-economic
loss.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
8. Upon information and belief the causes of action alleged in the Complaint of the Plaintiff
fail to properly state, specify or allege a cause of action on which relief can be granted as a matter of
law.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
9. That the Plaintiff has failed to comply with Section 3017(a) of the CPLR regarding the
demands for relief.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
10. That recovery, if any, on the Complaint of the Plaintiff shall be reduced by the amounts
paid or reimbursed by collateral sources in accordance with CPLR 4545(c).
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
11. That if it is determined that this answering Defendant is responsible for the acts alleged in
the Complaint then Plaintiff failed to take appropriate action to mitigate any damages.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
2. The injuries and damages alleged in the Complaint of the Plaintiff were caused or
contributed to by Plaintiff's culpable conduct in assuming the risk under the conditions and
circumstances existing.
AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: JAVA LANDING, LLC
AND THE CITY OF NEW YORK
3. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to an
apportionment of responsibility for damages between and amongst the parties of this action and will be
entitled to recover from each other party for its proportional share commensurate with any judgment
which may be awarded to the plaintiff.
AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: JAVA
LANDING, LLC AND THE CITY OF NEW YORK
14. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to be
indemnified and to recover the full amount of any judgment from the Java Landing, LLC and The City
of New Y ork.
AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNITY AGAINST: JAVA
LANDING, LLC AND THE CITY OF NEW YORK
15. At the time of the accident alleged in the complaint a contract was in effect between this
Defendant and Java Landing, LLC and The City of New York.
16. The contract required Java Landing, LLC and The City of New Y ork to indemnify and,
or hold harmless this Defendant for all claims, losses, liability and damages for any injury to any person.
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17. Java Landing, LLC and The City of New Y ork breached the contract and are obligated to
indemnify this Defendant for any judgment or settlement obtained by any plaintiff in this action
including defense costs and attomeys' fees.
AS AND FOR A CROSS-CLAIM FOR BREACH OF CONTRACT FOR FAILURE TO NAME
ON INSURANCE POLICY AGAINST: JAVA LANDING, LLC AND THE CITY OF NEW
YORK
18. At the time of the accident alleged in the complaint a contract was in effect between this
Defendant and Java Landing, LLC and The City of New Y ork.
19. The contract required Java Landing, LLC and The City of New Y ork to purchase liability
insurance for the benefit of this Defendant.
20. ava Landing, LLC and The City of New Y ork failed to purchase the insurance required
and thereby breached the contract.
21. By reason of the foregoing, Java Landing, LLC and The City of New Y ork is liable to
this answering Defendant for all damages resulting from the breach including defense costs and
attorneys’ fees.
WHEREFORE, this Defendant demands judgment dismissing the Complaint, together
with costs and disbursements, and in the event any judgment or settlement is recovered herein
against this Defendant, then this Defendant further demands that such judgment be reduced by
the amount which is proportionate to the degree of culpability of any plaintiff, and this
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Defendant further demands judgment against each other party on the respective crossclaims
and/or counterclaims.
DATED: January 28, 2019
New York, New York
Yours, etc.
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendant
CINE MAGIC EAST RIVER STUDIOS, LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212)6t 4200 _
By fold A Oy
Robert M. Mazzei
To:
Goldstein & Handwerker, LLP
Attorneys for Plaintiff
Jahary Canto
280 Madison Avenue, Suite 1202
New York, New York 10016
Zachary W. Carter, Esq.
Attorneys for Defendant
The City of New York
Corporation Counsel
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
teen nnn nnn nnn nnn ———-X Index No.: 519697/2018 (ECF)
JAHARY CANTO,
Plaintiff, VERIFICATION
CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Robert M. Mazzei, an attorney duly admitted to practice law before the Courts of New
York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106:
Iam a member of the firm of EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK, attorneys for the Defendant, Cine Magic East River Studios, LLC.
I submit the following statement upon information and belief, based upon an inspection of the
records maintained by this office, which records I believe to be true.
That I have read the contents of the attached VERIFIED ANSWER TO COMPLAINT
for Defendant Cine Magic East River Studios, LLC and believe it to be true based on
information available or maintained by this firm. I make this verification because this Defendant
is either a foreign corporation or is not located in New York County.
DATED: January 28, 2019
New York, New York
“4 7 4 _—
dita Os
Robert M. Mazzeir~
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAHARY CANTO,
Plaintiff, NOTICE PURSUANT
TO CPLR 2103
v.
CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Defendants.
PLEASE TAKE NOTICE that Defendant C ine Magic East River Studios, LLC, by its
attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, hereby serve(s)
Notice upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly
rejects service of papers in this matter upon them by electronic means.
PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be
affected by express prior written consent to such service by EUSTACE, MARQUEZ,
EPSTEIN, PREZIOSO & YAPCHANY K and by placement thereby of EUSTACE,
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MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK electronic communication number in
the address block of papers filed with the Court.
DATED: January 28, 2019
New York, New York
Yours, etc.
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendant
CINE MAGIC EAST RIVER STUDIOS, LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212)-612-4200 _
BY fide
C7
Robert M. Mazzei —
To:
Goldstein & Handwerker, LLP
Attorneys for Plaintiff
Jahary Canto
280 Madison Avenue, Suite 1202
New York, New York 10016
Zachary W. Carter, Esq.
Attorneys for Defendant
The City of New York
Corporation Counsel
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAHARY CANTO,
Plaintiff,
Vv.
CINE MAGIC EAST RIVER STUDIOS, LLC A
eeceeeenee ne xX Index No.: 519697/2018 (ECF)
COMBINED DISCOVERY
DEMANDS AND NOTICE
OF DEPOSITION
ND JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Defendants.
PLEASE TAKE NOTICE, that Defendant Cine Magic East River Studios, LLC, by its
attorneys, EUSTACE, MARQUEZ, EPSTEIN,
PREZIOSO & YAPCHANYK, demands that each
adverse party afford us the disclosure which this notice and demand specifies:
DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION
A. Each adverse party is to appear for deposition upon oral examination pursuant to
CPLR 3107:
(1) At this date and time: February 28, 20
9 at 10:00 am
(2) At this place: Eustace, Marquez, Epstein, Prezioso & Y apchanyk
55 Water Street, 281
‘h Floor
New Y ork, New York 10041
B. Pursuant to CPLR 3106(d) we designa'
title of the particular officer, director, member, or
deposition we desire to take: JAHARY CANTO,
NEW YORK
e the following as the identity, description or
employee of the adverse party specified whose
AVA LANDING, LLC AND THE CITY OF
C. Each deposition witness thus examine
to CPLR 3111, all books, papers, and other things
9 of
is to produce at such time and place, pursuant
which are relevant to the issues in the action
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and within that adverse party's possession, custody, or control to be marked as exhibits, and used
on the examination.
PARTY STATEMENTS
Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within
thirty (30) days from the service of this Demand, a complete and legible copy of any statement
made by or taken from any individual party or any officer, agent, or employee of said party.
INSURANCE POLICIES
Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty
(30) days from the service of this Demand, a complete and legible copy of each primary or
excess insurance agreement under which any person carrying on an insurance business may be
liable to satisfy part or all of any judgment which may be entered in this action or to indemnify
or reimburse for payments made to satisfy any such judgment.
ACCIDENT REPORTS
Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty
(30) days from service of this Demand, a complete and legible copy of every written report of the
accident or other event alleged in the complaint prepared in the regular course of that adverse
party's business operations or practices.
PHOTOGRAPHS AND VIDEOTAPES
Each adverse party is to serve within thirty (30) days from the service of this Demand,
complete and legible photographic or videotape reproductions of any and all photographs,
motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident
or equipment or instrumentality involved in the action or photographs of persons or vehicles
involved (if applicable) made either before, after or at the time of the events in question,
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including any photographs or videotapes made of the plaintiff at any time since the incident
referred to in the Complaint.
WITNESSES
Each adverse party is to serve within thirty (30) days from the service of this Demand,
the name and address of each witness to any of the following:
1. The accident, occurrence or any other event set forth in the complaint.
2. Any fact tending to prove actual or constructive notice of any condition which may
give rise to the liability of any person, whether or not a party, for any damages alleged in this
action.
3. Any admission, statement, writing or act of our client.
EXPERT WITNESS MATERIAL
Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from
the service of this request, a statement specifying all of the following data as to each person
whom that adverse party expects to call as an expert witness at trial:
A. The identity of each expert;
B. The subject matter on which each expert is expected to testify, disclosed in reasonable
detail;
C. The substance of the facts and opinions on which each expert is expected to testify;
D. The qualifications of each expert; and
E. A summary of the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any
proof of an expert's qualifications which are different from or additional to those which the
adverse party calling the expert had disclosed in reference to sub-paragraph D.
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COLLATERAL SOURCE INFORMATION
Each plaintiff seeking to recover for the cos
or rehabilitation services, loss of earnings or other e
4545(c), within thirty (30) days from the service of
of medical care, dental care, custodial care
conomic loss is to serve, pursuant to CPLR
this Demand, a statement of all past and
future cost and expense which has been or will, with reasonable certainty, be replaced or
indemnified, in whole or in part, from any collateral
source such as insurance (except life
insurance), social security, workers' compensation, or employee benefit programs. Each such
statement is to set forth the name, address, and insurance policy (or other account) number of
each collateral source payor; and, separately stated for each payor, a list specifying the date and
amount of each payment and the name, address, and social security number or other taxpayer
identification number of each payee.
PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS
Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
this Demand:
Medical Reports and Bills: Copies of the medical reports and bills of those health
professionals who have previously treated or examined the plaintiff. Those reports 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 diagnostic tests and technicians' reports which will be offered
at the trial.
authorizations, complying with the Health Insurance Portability and Accountability Act
(“HIPAA”), 45 C.F.R. §164.508(a), (using attached
make copies of the records and notes including any
B. Medical Authorizations: Duly executed and acknowledged written medical
form) permitting all parties to obtain and
intake sheets, diagnostic tests, X-Rays,
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MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical
professionals.
MEDICARE DOCUMENTS
Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this
demand, a complete and legible copy of:
”s Medicare Insurance Card
licare statements of conditional payments for medical treatment arising out of the
which is the subject of this lawsuit.
aintiff’s Social Security card.
‘uments pertaining to Medicare benefits received for treatment provided to
for injuries and illness arising out of the incident which is the subject of this
1. Plaintifi
2. AllMe
incident
3. PI
4. Alldoc
plaintif:
lawsuit.
PRODUCTION OF RECORDS AND AUTHORIZATIONS
Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
this demand duly executed, fully addressed and acknowledged written authorizations permitting
all parties to obtain and make copies of each of the following:
A. All workers' compensation records and reports of hearings pertaining to the incident
alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board
and workers' compensation carrier.
B.
Cc.
All records of present and past employment of plaintiff.
All records in the no-fault file of any carrier issuing benefits to the plaintiff arising
out of the incident alleged to have occurred in the complaint.
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D. Allrecords of the Internal Revenue Service filed by the plaintiff for the calendar
year prior to the date of the incident alleged in the complaint and for the two subsequent years.
Please use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and
signature as required by the IRS.
E. All records of schools attended by plaintiff.
F. All records of each collateral source that has provided and/or in the fu
providing any payment or reimbursement for expenses incurred because of this inci
MUNICIPAL - NOTICE OF CLAIM AND HEARING
A. Each plaintiff is to serve on us, within thirty (30) days from the service o
Demand:
ture will be
ent.
this
1) A copy of any General Municipal Law, section 50(e) Notice of Claim w!
plaintiff served with respect to the accident alleged in this action; and
ich that
2) A copy of the transcript of any hearing on any such claim held (by any municipality)
pursuant to General Municipal Law, Section 50(h) (with a copy of any exhibit marked at any
such hearing); and
the service of this Demand:
1) A copy of any General Municipal Law, Section 50(e) Notice of Claim w!
municipal defendant held on any such claim pursuant to General Municipal Law, Se
(with a copy of any exhibit marked at any such hearing).
PHYSICAL OR MENTAL EXAMINATION
B. Each municipal-defendant adverse party is to serve on us, within thirty (30) days from
hich that
ction 50(h)
Defendant hereby demands, pursuant to CPLR §3121, that plaintiff appear for and submit
to physical, mental and blood examination(s), for all claimed injuries, by a doctors)
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defendant's designation-specialties to be determined. This examination(s) shall to be conducted
in said doctor (s’) office(s) and at a reasonable time following plaintiff’ s deposition, but in no
event less than 20 days after the service of this Notice.
NAMES AND ADDRESSES OF ATTORNEYS
Each adverse party is to serve on us, within thirty (30) days from service of this Demand,
the names and addresses of all attorneys having appeared in this action on behalf of any adverse
party.
PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING
DEMANDS, and that each demand requires that an adverse party who acquires more than thirty
(30) days from the service of this demand any document, information, or thing (including the
opinion of any person whom the adverse party expects to call as an expert witness at trial) which
is responsive to any of the above demands, is to give us prompt written advice to that effect; and,
within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such
information on us and allow us to inspect, copy, test, and photograph each such document or
thing.
PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude
as to any adverse party who does not timely identify any witness, serve any report, or produce
any document, information, or thing which is responsive to a discovery demand set forth in any
of the ensuing paragraphs:
A. From calling any event or notice witness not identified to us or medical expert whose
reports have not been served on us;
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B. From calling any other expert witness whose identity, qualifications, and expected
fact and opinion testimony (together with a summary of the grounds for each such opinion) have
not been served on us;
C. From putting in evidence any exhibit not served on us or produced for us to discover,
inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and
D. From offering any other proof not timely disclosed pursuant to a court order in this
action.
DATED: January 28, 2019
New York, New York
Yours, etc.
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendant
CINE MAGIC EAST RIVER STUDIOS, LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
Poy
Robert M. Mazzei ~~
To:
Goldstein & Handwerker, LLP
Attorneys for Plaintiff
Jahary Canto
280 Madison Avenue, Suite 1202
New York, New York 10016
Zachary W. Carter, Esq.
Attorneys for Defendant
The City of New York
Corporation Counsel
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
wot ec cee nee nee ne nnn enn nn tenn enc ee nce c cece neeneeneeneennennenaeeeees xX Index No.: 519697/2018 (ECF)
JAHARY CANTO,
Plaintiff, DEMAND FOR VERIFIED
BILL OF PARTICULARS
Vv.
CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Defendants.
PLEASE TAKE NOTICE, Defendant, Cine Magic East River Studios, LLC, by its
attorneys, Eustace, Marquez, Epstein, Prezioso & Y apchanyk, demands pursuant to CPLR
3041-3044, that
Verified Bill 0
each Plaintiff furnish, within thirty (30) days of the date of this demand a
the following particulars:
A. Liability Issues:
1. T
The legal name, address, date of birth and social security number of each plaintiff,
The date and approximate time of day of the alleged accident.
The location of the alleged accident.
a) A statement of the acts or omissions constituting any negligence or other
culpable conduct claimed against this defendant.
b) _ If breach of warranty is alleged, state whether said warranty was:
i. expressed or implied;
ii. oral or written;
iii. if written, set forth a copy thereof; and
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iv. if oral, state by whom and to whom the alleged warranty was
made, specifying the time, place and persons in sufficient detail to
permit identification.
5. If actual notice is claimed, a statement of when, by whom and to whom actual
notice was given and whether such notice was in writing; also, if such notice was in writing, the
statement is to include the name and address of anyone who has any copy of it.
6. If constructive notice is claimed, a statement of how long any allegedly dangerous
or defective condition existed before the occurrence and who has first-hand knowledge of any
such facts.
7.
any violation is claimed, a citation to each statute, ordinance, regulation, and
other federal, state, or local rule which it is claimed that any defendant we represent has violated.
8. If any prior similar occurrence is claimed, a statement of its date, approximate
time of day and approximate location.
9.
any subsequent repair or other remedial action is claimed, a statement of its
date, approximate time of day, approximate location, who made such repair or took such other
action and who has first-hand knowledge of either.
B. Damage Issues: Personal Injury:
10. A statement of the injuries claimed to have been sustained by plaintiff as a result
of the accident and a description of any injuries claimed to be permanent.
11. Inany action under Ins. Law, §5104(a), for personal injuries arising out of
negligence in the use or operation of a motor vehicle in this state, in what respect and to what
extent any plaintiff has sustained:
(a) serious injury, as defined by Insurance Law,5102(b);
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b) economic loss greater than basic economic loss, as defined by Insurance
Law, 5102 (a).
12. f plaintiff was treated at a hospital or hospitals, the name and address of each
hospital and the exact dates of admission or treatment at each.
13. The name and address of all medical professionals that treated or examined
plaintiffs with regard to the injuries claimed, and the exact dates of treatment received from each.
14. f loss of earnings is claimed, the name and address of plaintiff's employer, the
nature of plaintiff's employment, and the exact dates that the plaintiff was incapacitated from
employment.
15. A statement of the exact dates that each plaintiff was:
a) hospitalized;
b) confined to bed;
c) confined to house;
16. — Total amounts each plaintiff claims as special damages for:
a) hysicians' services;
b) — medical supplies
Cc) loss of earnings to date, with the name(s) and address(es) of plaintiff's
employer(s);
d) loss of earnings in the future, stating how the figure was calculated;
e) ospital expenses;
f) nurses' services;
g) any other special damages claimed.
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17. If any plaintiff claims loss of services, a statement of all such losses claimed,
including the nature and extent of the lost services and all special damages claimed.
18. The name, address and amounts received from each collateral source that has paid
or reimbursed plaintiff for any of the expenses incurred as a result of this accident.
DAMAGE ISSUES: MEDICARE
19. Set forth plaintiff's Medicare Health Insurance number.
20. State whether plaintiff is receiving Medicare benefits.
21. Inthe event that plaintiff is not receiving any Medicare benefits, state whether
plaintiff has received Medicare benefits in the past.
22. State when plaintiff first received any Medicare benefits.
23. In the event that plaintiff received Medicare benefits in the past, state when the
Medicare benefits ceased.
24. State whether plaintiff received any Medicare benefits due to the injuries or
illness arising out of the incident which is the subject matter of this lawsuit.
25. In the event that plaintiff has received Medicare benefits, due to treatment
provided for injuries or illness arising out of the incident, which is the subject matter of this
lawsuit, please state the amount received to date.
26. Identify any documents received pertaining to any Medicare benefits received for
the treatment provided for the injuries or illness arising out of the incident, which is the subject
matter of this lawsuit.
27. State the name, address and policy number of any additional medical insurance.
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28. State all names that plaintiff has been known by or has used.
DATED: January 28, 2019
New York, New York
Yours, etc.
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
YAPCHANYK
Attorneys for Defendant
CINE MAGIC EAST RIVER STUDIOS, LLC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
ti 7+
By: (A. ZS
Robert M. Mazzei —
To:
Goldstein & Handwerker, LLP
Attorneys for Plaintiff
Jahary Canto
280 Madison Avenue, Suite 1202
New York, New York 10016
Zachary W. Carter, Esq.
Attorneys for Defendant
The City of New York
Corporation Counsel
100 Church Street
New York, New York 10007
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019
Index No.: 519697/2018 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAHARY CANTO,
Plaintiff,
-against-
CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC
AND THE CITY OF NEW YORK,
Defendants.
VERIFIED ANSWER TO COMPLAINT, NOTICE PURSUANT TO CPLR 2103,
DEMAND FOR VERIFIED BILL OF PARTICULARS AND COMBINED DISCOVERY
DEMANDS AND NOTICE OF DEPOSITION
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendant
Cine Magic East River Studios, LLC
Office and Post Office Address
55 Water Street, 28th Floor
New Y ork, New York 10041
(212) 612-4200
22 of 30INDEX NO. 519697/2018
RECEIVED NYSCEF: 01/28/2019
(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM
NYSCEF DOC. NO. 6
EUSTACE, MARQUEZ, EPSTEIN,
EDWARD M. EUSTACE
RHONDAL. EPSTEIN
RICHARD C. PREZIOSO
DAVID S. KASDAN
CHRISTOPHER M. YAPCHANY K
Craig j.billeci
PAUL A. TUMBLESON
REGINE DELY-LAZARD
LAUREN S. YANG
MAUREEN E. PEK NIC
GREGORY R. BENNETT
TIMOTHY S.CARR
PREZIOSO & yapchanyk
ATTORNEYS AT LAW
55Water Street ¢28°" Fl.
New York,NY 10041
TEL (212) 612-4200
FAX (212) 612-4284
Not a Partner shipor Professional
Cor poration
ANTHONY J.TOMARI
Nathaliec.Hackett
THOMAS B. FERRIS
TERENCE H.DeMARZO
ROBERT M. MAZZEI
Robert M. Michell
MILES A. LINEFSKY
DANIEL P. ROCCO
OF COUNSEL
PETER T. mensching
Alanj.harris
Joshuaa.yahwak
January 28, 2019
Goldstein & Handwerker, LLP
280 Madison Avenue, Suite 1202
New Y ork, New Y ork 10016
Re: Canto v. Cine Magic East River Studios, LLC
Our File Number: 79933430
Date of Loss: 10/10/2017
Dear Counsel:
Please be advised that effective April 14, 2003 the Health Insurance Portability and
Accountability Act went into effect. As such, an appropriate authorization complying with the
HIPAA regulations must be properly completed and signed by the Plaintiff in this action. For
your reference, enclosed please find a sample HIPAA Authorization. The new HIPAA
authorization requires the following items:
1. A description of the information to be used or disclosed.
2. The name of the Requestor or the covered entity or person whom the medical
facility can make the disclosure to.
3. The name of the medical facility or individual authorized to make the disclosure.
4, An expiration date.
5. A statement of the patients right to revoke the authorization in writing.
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019
6. A statement that informs the patient that the information used or disclosed
pursuant to the authorization may be subject to redisclosure by the requestor and
may no longer be protected by Federal or State Law.
7. Signature of the patient.
8. If the authorization is signed by a person other than the patient, a description of
the patient’s representative’s authority (and verification of authority) to act on
behalf of the patient.
9. The Date.
10. | A statement that the medical facility will not withhold treatment or services based
on whether or not the patient authorizes this request.
We are requesting your compliance pursuant to the new HIPAA Authorization
Requirements. Thank you for your cooperation and if you have any questions please contact our
office.
Very truly yours,
P94
Ldn PF
Robert M. Mazzei
RMM:‘et
Enc.
24 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019
AUTHORIZATION FOR RELEASE OF INFORMATION MCS File
Name: SSN: DOB:
Address: City: State: Zip Code:
|, General Release.
Ihereby authorize to disclose the information set forth in Section IV
of
this Authorization for the period from . The released information is required for
litigation. | further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy
thereof, to photocopy such records as are reasonably necessary for the above-state purposes.
Il. Health Information Release. | hereby authorize the disclosure of my health information, as described in this authorization:
Person(s) authorized to disclose the information:
[Name of the Provider: Hospital, Doctor, Insurance Co.)
Information to be disclosed: The Information set forth in Section V of this Authorization. | understand that the health information may include
information pertaining to treatment of drug and alcohol abuse, mental health including without limitation psychiatric information, acquired
immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV), sexually transmitted diseases, sick cell anemia treatment,
tuberculosis information or genetic information. THIS INFORMATION WILL BE RELEASED UNLESS | INDICATE OTHERWISE BY CHECKING
HERE:
Person(s) authorized to receive the disclosed information: The MCS Group, Inc. on behalf of:
[Name of MCS Client]
| further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to
photocopy such records as are reasonably necessary for the above-state purposes.
Purpose of this request: At my request.
Expiration Date: Unless otherwise revoked, this authorization will expire one year after the date of this authorization or later as indicated here
Right to revoke: | understand that | have the right to revoke this authorization at any time by notifying in writing each Person identified in Section
(a). | understand that the revocation is only effective after it is received and logged by such Person. | understand that any disclosure made prior to
the revocation under this authorization will not be affected by the revocation.
Subsequent Disclosure: | understand that any disclosure of information may be subject to re-disclosure by the recipient and may no longer be
protected by federal or state law.
Impact on Medical Treatment: | understand that | do not need to sign this authorization to assure any medical treatment. | understand that! may
inspect and/or copy the information to be disclosed. | understand that authorizing this disclosure is voluntary. | understand that if | have any
questions about disclosure of my health information, | may contact the privacy officer for each Person identified in Section (a).
Ill. Signature/Certification.
Signature of Person Identified Above or his or her Authorized Representative / Guardian Date
By signing this authorization, the Authorized Representative and/or Guardian warrants that he or she has the authority to act on behalf of the
person identified above on the basis of:
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AUTHORIZATION FOR RELEASE OF INFORMATION MCS File
IV. Information Subject to the General Release.
Provider
n Employment
Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all pre-
employment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of
any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or
records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress
records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front
of this Authorization Form
Car Insurance
Copies of any and all claims files concerning claims including but not limited to PIP pay out sheets, medical records, bills and reports of
treating an examining physician's statements of claims, correspondence, notes and documents concerning of any and all property damage
claims files including but not limited to photographs, estimates, appraisals, payouts for property damage, and any documentation regarding
property damage. Insured: Person identified on the front of this Authorization F orm.
U Social Security Benefits
Any and all records showing all payments and benefits received, and all benefits still available and not used by the Person identified on the
front of this Authorization Form, including but not limited to any and all disability benefits, application for benefits, approval or denial of
benefits and other social security benefits records regarding the above mentioned individual.
School
Copies of any and all school records, transcripts, attendance records, disciplinary reports, extracurricular activities, and cumulative records
regarding the Person identified on the front of this Authorization Form.
Other
V. Information Subject to the Health Information Release.
Provider
n Employment
— Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all pre-
employment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of
any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or
records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress
records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front
of this Authorization Form
U Pharmacy
Any and all prescription records kept in the regular course of business including but not limited to prescription prescribed, physicians
prescribing medications, medication description, medication side effect print out, frequency medication being taken, billing, insurance and
payment records, etc., and any and all records kept in your file regarding the below listed party; from the first date of treatment to the present
(pertaining to the Person identified on the front of this Authorization Form).
Medical Insurance
Copies of any and all claim files concerning claims made by the below listed party including but not limited to pay out sheets, medical
records, bills and reports of treating and examining physicians, state of claims, correspondence, notes and documents concerning any
payments made to medical providers under the provisions of the policy. Insured: (the Person identified on the front of this Authorization
Form).
Medical
Copies of any and all medical records, reports, charts, notes, diagrams, documents, papers, correspondence, memoranda, microfilmed
document emergency room reports, billing information, x-ray films, MRI films, and/or films or of radiological studies and any and all other
records of reports in your possession, custody or control, from the inception of your records to the present pertaining to the Person identified
on the front of this Authorization Form.
Other
26 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM
NYSCEF DOC. NO. 6
EDWARD M. EUSTACE
RHONDAL. EPSTEIN
RICHARD C. PREZIOSO
DAVID S. KASDAN
CHRISTOPHER M. YAPCHANY K
Craig j.billeci
PAUL A. TUMBLESON
REGINE DELY-LAZARD
LAUREN S. YANG
MAUREEN E. PEKNIC
GREGORY R. BENNETT
TIMOTHY S.CARR
EUSTACE, MARQUEZ, EPSTEIN,
PREZIOSO & yapchanyk
ATTORNEYS AT LAW
55Water Street e238" FI.
New York,NY 10041
TEL (212) 612-4200
FAX (212) 612-4284
Not a Partner shipor Professional
Cor poration
INDEX NO. 519697/2018
RECEIVED NYSCEF: 01/28/2019
ANTHONY J.TOMARI
Nathaliec.Hackett
THOMAS B. FERRIS
TERENCE H.DeMARZO
ROBERT M. MAZZEI
Robert M. Michell
MILES A. LINEFSKY
DANIEL P. ROCCO
OF COUNSEL
PETER T. mensching
Alanj.harris
Joshuaa.yahwak
January 28, 2019
Goldstein & Handwerker, LLP
280 Madison Avenue, Suite 1202
New Y ork, New Y ork 10016
Re: Canto v. Cine Magic East River Studios, LLC
Our File Number: 79933430
Dear Counsel:
Enclosed please find a copy of our responsive pleading to the above referenced
complaint.
Please ensure that Plaintiff places his/her initials in section 9A (all 3 choices) on all
Medical authorizations & in section 6 for all IRS authorizations.
Additionally, with the enforcement of the Medicare, Medicaid and SCHIP Extension Act
of 2007, counsel is required to notify Medicare if the Plaintiff is a beneficiary of any Medicare
benefits. Therefore we have attached the Medicare “Proof of Representation” and the Medicare
“Consent to Release” which we have completed in part.
If your client is a Medicare beneficiary, please execute and have your client execute both
documents and immediately submit them to:
27 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM
INDEX NO. 519697/2018
NYSCEF DOC. NO. 6
RECEIVED NYSCEF: 01/28/2019
Medicare Secondary Payer Recovery Contractor
MSPRC Auto/Liability
P.O. Box 138832
Oklahoma City, OK 73113
Fax: (406) 869-3309
We also request that you return a copy of the signed forms for our records.
We are submitting these documents to you based upon the representation from Medicare
that it will take 180 days for these documents to be processed. By submitting the Notice of
Claim to Medicare now, we will be able to obtain the amount of the Medicare benefits received
by the plaintiff(s). Without this information, a potential resolution of the case could be delayed.
Thank you for your attention.
RMM:‘et
Enc.
28 of 30
Very truly yours,
EUSTACE, MARQUEZ,
EPSTEIN, PREZIOSO &
Robert M. Mazzei
212.612.4244(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019
Proof of Representation
The language below should be used when you, the Medicare beneficiary, want to inform the
Centers for Medicare & Medicaid Services (CMS) that you have given another individual the
authority to represent you and act on your behalf with respect to your claim for liability
insurance, no-fault insurance or workers' compensation, including releasing identifiable health
information or resolving any potential recovery claim that Medicare may have if there is a
settlement, judgment, award or other payment. Y ou are not required to use this model language,
but proof of representation must include the information provided in this model language. Y our
representative must also sign that he/she has agreed to represent you. This model language also
makes provisions for the information your representative must provide.
Type of Medicare Beneficiary Representative (Check one below and then print the requested information):
() Individual other than an Attorney: Names
() Attorney *
() Guardian * FirmorCompanyName:
() Conservator * Address:
() PowerofAttomey*
* Note -- If you have an attomey, your attorney may be able to use his/her retainer agreement instead of this
language. (If the beneficiary is incapacitated, his/her guardian, conservator, power of attomey etc. will need to
submit documentation other than this model language.) Please visit www.msprc.info for further instructions.
Medicare Beneficiary Information and Signature/Date:
Beneficiary's Name (please print exactly as shown on your Medicare card):
Beneficiary's Health Insurance Claim Number (number on your Medicare card):
Date of Illness/Injury for which the beneficiary has filed a liability insurance, no-fault insurance or workers!
compensation claim:
Beneficiary Signature: Datesiged:
Representative Siqnature/Date:
Representative's Signature: Datesiged:
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Consent to Release
The language below should be used when you, a Medicare beneficiary, want to authorize
someone other than your attorney or other representative to receive information, including
identifiable health information, from the Centers for Medicare & Medicaid Services (CMS)
related to your liability insurance (including self-insurance), no-fault insurance or workers'
compensation claim.
Lo (print your name exactly as shown on your Medicare card) hereby
authorize the CMS, its agents and/or contractors to release, upon request, information related to
my injury/illness and/or settlement for the specified date of injury/illness to the individual and/or
entity listed below:
CHECK ONLY ONE OF THE FOLLOWING TO INDICATE WHO MAY RECEIVE
INFORMATION AND THEN PRINT THE REQUESTED INFORMATION:
(If you intend to have your information released to more than one individual or entity, you must complete a separate
release for each one.)
(__) Insurance Company (_) Workers' Compensation Carrier ( X ) Attomey for Defendant
Name of entity: Eustace, Marquez, Epstein, Prezioso & Y apchanyk
Contact for above entity: Robert M. Mazzei
Address: 55 Water Street
New Y ork, New York 10041
Telephone: 212.612.4244
CHECK ONE OF THE FOLLOWING TO INDICATE HOW LONG CMS MAY
RELEASE YOUR INFORMATION (The period you check will run from when you sign and date
elow.):
) One Year ( ) TwoYears ( ) Other
(Provide a specific period of time)
understand that I may revoke this "consent to release information" at any time, in writing.
MEDICARE BENEFICIARY INFORMATION AND SIGNATURE:
Beneficiary Signature: Date signed:
Note: If the beneficiary is incapacitated, the submitter of this document will need to include
documentation establishing the authority of the individual signing on the beneficiary's behalf.
Please visit www.msprc.info for further instructions.
Medicare Health Insurance claim number (the number on your Medicare card):
Date of Injury/Illness: 10/10/2017
30 of 30
Preview
(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wen ee ene c ence n cence cence nnn nn enn nnn nnn nn ennannnnnnnnannannannnnnnnan x Index No.: 519697/2018 (ECF) JAHARY CANTO, Plaintiff, Vv. VERIFIED ANSWER TO COMPLAINT CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. Defendant, Cine Magic East River Studios, LLC, by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, answers the Complaint of the Plaintiff by stating as fo. 1, lows: Denies, upon information and belief, 20, 21, 22, 31, 32, 33, 34, 35, 36, 37, 38 and 39. 2. Denies, upon information and belief, the allegations of paragraphs 2, 7, 8, 15, 16, 18, 19, the allegations of paragraph 17, except to admit that Cine Magic East River Studios, LLC has a place of business in the County of Kings, State of New Y ork. 3. Denies having knowledge or informal allegations of paragraphs 3, 4, 5, 6, 9, 10, 11, 12, 13, 4. Denies having knowledge or informal allegations of paragraph 1 and respectfully refers all ion sufficient to form a belief as to the truth of the 14, 23, 24, 25, 26, 27, 28, 29 and 30. ion sufficient to form a belief as to the truth of the questions of law to this Honorable Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 5. The injuries alleged to have been suffered by the Plaintiff were caused, in whole or part, by the conduct of Plaintiff. Plaintiff's claims therefore are barred or diminished in the proportion that such culpable ci onduct of Plaintiff bears to the total c ulpable conduct causing the damages. 1 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 6. The injuries and damages alleged in the Complaint were caused or contributed to by the culpable conduct including contributory negligence, assumption of the risk and/or product misuse of persons over whom this Defendant had no authority or control. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 7. Pursuant to CPLR Article 16, the liability of this Defendant to the Plaintiff for non- economic loss shall not exceed the equitable share of this Defendant determined in accordance with the relative culpability of each person/party causing or contributing to the total liability for non-economic loss. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 8. Upon information and belief the causes of action alleged in the Complaint of the Plaintiff fail to properly state, specify or allege a cause of action on which relief can be granted as a matter of law. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 9. That the Plaintiff has failed to comply with Section 3017(a) of the CPLR regarding the demands for relief. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 10. That recovery, if any, on the Complaint of the Plaintiff shall be reduced by the amounts paid or reimbursed by collateral sources in accordance with CPLR 4545(c). 2 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 11. That if it is determined that this answering Defendant is responsible for the acts alleged in the Complaint then Plaintiff failed to take appropriate action to mitigate any damages. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 2. The injuries and damages alleged in the Complaint of the Plaintiff were caused or contributed to by Plaintiff's culpable conduct in assuming the risk under the conditions and circumstances existing. AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: JAVA LANDING, LLC AND THE CITY OF NEW YORK 3. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to an apportionment of responsibility for damages between and amongst the parties of this action and will be entitled to recover from each other party for its proportional share commensurate with any judgment which may be awarded to the plaintiff. AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: JAVA LANDING, LLC AND THE CITY OF NEW YORK 14. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to be indemnified and to recover the full amount of any judgment from the Java Landing, LLC and The City of New Y ork. AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNITY AGAINST: JAVA LANDING, LLC AND THE CITY OF NEW YORK 15. At the time of the accident alleged in the complaint a contract was in effect between this Defendant and Java Landing, LLC and The City of New York. 16. The contract required Java Landing, LLC and The City of New Y ork to indemnify and, or hold harmless this Defendant for all claims, losses, liability and damages for any injury to any person. 3 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 17. Java Landing, LLC and The City of New Y ork breached the contract and are obligated to indemnify this Defendant for any judgment or settlement obtained by any plaintiff in this action including defense costs and attomeys' fees. AS AND FOR A CROSS-CLAIM FOR BREACH OF CONTRACT FOR FAILURE TO NAME ON INSURANCE POLICY AGAINST: JAVA LANDING, LLC AND THE CITY OF NEW YORK 18. At the time of the accident alleged in the complaint a contract was in effect between this Defendant and Java Landing, LLC and The City of New Y ork. 19. The contract required Java Landing, LLC and The City of New Y ork to purchase liability insurance for the benefit of this Defendant. 20. ava Landing, LLC and The City of New Y ork failed to purchase the insurance required and thereby breached the contract. 21. By reason of the foregoing, Java Landing, LLC and The City of New Y ork is liable to this answering Defendant for all damages resulting from the breach including defense costs and attorneys’ fees. WHEREFORE, this Defendant demands judgment dismissing the Complaint, together with costs and disbursements, and in the event any judgment or settlement is recovered herein against this Defendant, then this Defendant further demands that such judgment be reduced by the amount which is proportionate to the degree of culpability of any plaintiff, and this 4 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 Defendant further demands judgment against each other party on the respective crossclaims and/or counterclaims. DATED: January 28, 2019 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant CINE MAGIC EAST RIVER STUDIOS, LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212)6t 4200 _ By fold A Oy Robert M. Mazzei To: Goldstein & Handwerker, LLP Attorneys for Plaintiff Jahary Canto 280 Madison Avenue, Suite 1202 New York, New York 10016 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York 10007 5 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS teen nnn nnn nnn nnn ———-X Index No.: 519697/2018 (ECF) JAHARY CANTO, Plaintiff, VERIFICATION CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Robert M. Mazzei, an attorney duly admitted to practice law before the Courts of New York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106: Iam a member of the firm of EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, attorneys for the Defendant, Cine Magic East River Studios, LLC. I submit the following statement upon information and belief, based upon an inspection of the records maintained by this office, which records I believe to be true. That I have read the contents of the attached VERIFIED ANSWER TO COMPLAINT for Defendant Cine Magic East River Studios, LLC and believe it to be true based on information available or maintained by this firm. I make this verification because this Defendant is either a foreign corporation or is not located in New York County. DATED: January 28, 2019 New York, New York “4 7 4 _— dita Os Robert M. Mazzeir~ 6 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wen ee ene c ence n cence cence nnn nn enn nnn nnn nn ennannnnnnnnannannannnnnnnan xX Index No.: 519697/2018 (ECF) JAHARY CANTO, Plaintiff, NOTICE PURSUANT TO CPLR 2103 v. CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. PLEASE TAKE NOTICE that Defendant C ine Magic East River Studios, LLC, by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, hereby serve(s) Notice upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly rejects service of papers in this matter upon them by electronic means. PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be affected by express prior written consent to such service by EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANY K and by placement thereby of EUSTACE, 7 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK electronic communication number in the address block of papers filed with the Court. DATED: January 28, 2019 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant CINE MAGIC EAST RIVER STUDIOS, LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212)-612-4200 _ BY fide C7 Robert M. Mazzei — To: Goldstein & Handwerker, LLP Attorneys for Plaintiff Jahary Canto 280 Madison Avenue, Suite 1202 New York, New York 10016 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York 10007 8 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAHARY CANTO, Plaintiff, Vv. CINE MAGIC EAST RIVER STUDIOS, LLC A eeceeeenee ne xX Index No.: 519697/2018 (ECF) COMBINED DISCOVERY DEMANDS AND NOTICE OF DEPOSITION ND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. PLEASE TAKE NOTICE, that Defendant Cine Magic East River Studios, LLC, by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands that each adverse party afford us the disclosure which this notice and demand specifies: DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION A. Each adverse party is to appear for deposition upon oral examination pursuant to CPLR 3107: (1) At this date and time: February 28, 20 9 at 10:00 am (2) At this place: Eustace, Marquez, Epstein, Prezioso & Y apchanyk 55 Water Street, 281 ‘h Floor New Y ork, New York 10041 B. Pursuant to CPLR 3106(d) we designa' title of the particular officer, director, member, or deposition we desire to take: JAHARY CANTO, NEW YORK e the following as the identity, description or employee of the adverse party specified whose AVA LANDING, LLC AND THE CITY OF C. Each deposition witness thus examine to CPLR 3111, all books, papers, and other things 9 of is to produce at such time and place, pursuant which are relevant to the issues in the action 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 and within that adverse party's possession, custody, or control to be marked as exhibits, and used on the examination. PARTY STATEMENTS Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of any statement made by or taken from any individual party or any officer, agent, or employee of said party. INSURANCE POLICIES Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of each primary or excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment. ACCIDENT REPORTS Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty (30) days from service of this Demand, a complete and legible copy of every written report of the accident or other event alleged in the complaint prepared in the regular course of that adverse party's business operations or practices. PHOTOGRAPHS AND VIDEOTAPES Each adverse party is to serve within thirty (30) days from the service of this Demand, complete and legible photographic or videotape reproductions of any and all photographs, motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident or equipment or instrumentality involved in the action or photographs of persons or vehicles involved (if applicable) made either before, after or at the time of the events in question, 10 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 5 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: including any photographs or videotapes made of the plaintiff at any time since the incident referred to in the Complaint. WITNESSES Each adverse party is to serve within thirty (30) days from the service of this Demand, the name and address of each witness to any of the following: 1. The accident, occurrence or any other event set forth in the complaint. 2. Any fact tending to prove actual or constructive notice of any condition which may give rise to the liability of any person, whether or not a party, for any damages alleged in this action. 3. Any admission, statement, writing or act of our client. EXPERT WITNESS MATERIAL Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from the service of this request, a statement specifying all of the following data as to each person whom that adverse party expects to call as an expert witness at trial: A. The identity of each expert; B. The subject matter on which each expert is expected to testify, disclosed in reasonable detail; C. The substance of the facts and opinions on which each expert is expected to testify; D. The qualifications of each expert; and E. A summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any proof of an expert's qualifications which are different from or additional to those which the adverse party calling the expert had disclosed in reference to sub-paragraph D. 11 of 30 19697/2018 01/28/2019(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 COLLATERAL SOURCE INFORMATION Each plaintiff seeking to recover for the cos or rehabilitation services, loss of earnings or other e 4545(c), within thirty (30) days from the service of of medical care, dental care, custodial care conomic loss is to serve, pursuant to CPLR this Demand, a statement of all past and future cost and expense which has been or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except life insurance), social security, workers' compensation, or employee benefit programs. Each such statement is to set forth the name, address, and insurance policy (or other account) number of each collateral source payor; and, separately stated for each payor, a list specifying the date and amount of each payment and the name, address, and social security number or other taxpayer identification number of each payee. PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this Demand: Medical Reports and Bills: Copies of the medical reports and bills of those health professionals who have previously treated or examined the plaintiff. Those reports 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 diagnostic tests and technicians' reports which will be offered at the trial. authorizations, complying with the Health Insurance Portability and Accountability Act (“HIPAA”), 45 C.F.R. §164.508(a), (using attached make copies of the records and notes including any B. Medical Authorizations: Duly executed and acknowledged written medical form) permitting all parties to obtain and intake sheets, diagnostic tests, X-Rays, 12 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical professionals. MEDICARE DOCUMENTS Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this demand, a complete and legible copy of: ”s Medicare Insurance Card licare statements of conditional payments for medical treatment arising out of the which is the subject of this lawsuit. aintiff’s Social Security card. ‘uments pertaining to Medicare benefits received for treatment provided to for injuries and illness arising out of the incident which is the subject of this 1. Plaintifi 2. AllMe incident 3. PI 4. Alldoc plaintif: lawsuit. PRODUCTION OF RECORDS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this demand duly executed, fully addressed and acknowledged written authorizations permitting all parties to obtain and make copies of each of the following: A. All workers' compensation records and reports of hearings pertaining to the incident alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board and workers' compensation carrier. B. Cc. All records of present and past employment of plaintiff. All records in the no-fault file of any carrier issuing benefits to the plaintiff arising out of the incident alleged to have occurred in the complaint. 13 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 D. Allrecords of the Internal Revenue Service filed by the plaintiff for the calendar year prior to the date of the incident alleged in the complaint and for the two subsequent years. Please use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and signature as required by the IRS. E. All records of schools attended by plaintiff. F. All records of each collateral source that has provided and/or in the fu providing any payment or reimbursement for expenses incurred because of this inci MUNICIPAL - NOTICE OF CLAIM AND HEARING A. Each plaintiff is to serve on us, within thirty (30) days from the service o Demand: ture will be ent. this 1) A copy of any General Municipal Law, section 50(e) Notice of Claim w! plaintiff served with respect to the accident alleged in this action; and ich that 2) A copy of the transcript of any hearing on any such claim held (by any municipality) pursuant to General Municipal Law, Section 50(h) (with a copy of any exhibit marked at any such hearing); and the service of this Demand: 1) A copy of any General Municipal Law, Section 50(e) Notice of Claim w! municipal defendant held on any such claim pursuant to General Municipal Law, Se (with a copy of any exhibit marked at any such hearing). PHYSICAL OR MENTAL EXAMINATION B. Each municipal-defendant adverse party is to serve on us, within thirty (30) days from hich that ction 50(h) Defendant hereby demands, pursuant to CPLR §3121, that plaintiff appear for and submit to physical, mental and blood examination(s), for all claimed injuries, by a doctors) 14 of 30 of(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 defendant's designation-specialties to be determined. This examination(s) shall to be conducted in said doctor (s’) office(s) and at a reasonable time following plaintiff’ s deposition, but in no event less than 20 days after the service of this Notice. NAMES AND ADDRESSES OF ATTORNEYS Each adverse party is to serve on us, within thirty (30) days from service of this Demand, the names and addresses of all attorneys having appeared in this action on behalf of any adverse party. PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING DEMANDS, and that each demand requires that an adverse party who acquires more than thirty (30) days from the service of this demand any document, information, or thing (including the opinion of any person whom the adverse party expects to call as an expert witness at trial) which is responsive to any of the above demands, is to give us prompt written advice to that effect; and, within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such information on us and allow us to inspect, copy, test, and photograph each such document or thing. PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude as to any adverse party who does not timely identify any witness, serve any report, or produce any document, information, or thing which is responsive to a discovery demand set forth in any of the ensuing paragraphs: A. From calling any event or notice witness not identified to us or medical expert whose reports have not been served on us; 15 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 B. From calling any other expert witness whose identity, qualifications, and expected fact and opinion testimony (together with a summary of the grounds for each such opinion) have not been served on us; C. From putting in evidence any exhibit not served on us or produced for us to discover, inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and D. From offering any other proof not timely disclosed pursuant to a court order in this action. DATED: January 28, 2019 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant CINE MAGIC EAST RIVER STUDIOS, LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 Poy Robert M. Mazzei ~~ To: Goldstein & Handwerker, LLP Attorneys for Plaintiff Jahary Canto 280 Madison Avenue, Suite 1202 New York, New York 10016 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York 10007 16 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wot ec cee nee nee ne nnn enn nn tenn enc ee nce c cece neeneeneeneennennenaeeeees xX Index No.: 519697/2018 (ECF) JAHARY CANTO, Plaintiff, DEMAND FOR VERIFIED BILL OF PARTICULARS Vv. CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. PLEASE TAKE NOTICE, Defendant, Cine Magic East River Studios, LLC, by its attorneys, Eustace, Marquez, Epstein, Prezioso & Y apchanyk, demands pursuant to CPLR 3041-3044, that Verified Bill 0 each Plaintiff furnish, within thirty (30) days of the date of this demand a the following particulars: A. Liability Issues: 1. T The legal name, address, date of birth and social security number of each plaintiff, The date and approximate time of day of the alleged accident. The location of the alleged accident. a) A statement of the acts or omissions constituting any negligence or other culpable conduct claimed against this defendant. b) _ If breach of warranty is alleged, state whether said warranty was: i. expressed or implied; ii. oral or written; iii. if written, set forth a copy thereof; and 17 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 iv. if oral, state by whom and to whom the alleged warranty was made, specifying the time, place and persons in sufficient detail to permit identification. 5. If actual notice is claimed, a statement of when, by whom and to whom actual notice was given and whether such notice was in writing; also, if such notice was in writing, the statement is to include the name and address of anyone who has any copy of it. 6. If constructive notice is claimed, a statement of how long any allegedly dangerous or defective condition existed before the occurrence and who has first-hand knowledge of any such facts. 7. any violation is claimed, a citation to each statute, ordinance, regulation, and other federal, state, or local rule which it is claimed that any defendant we represent has violated. 8. If any prior similar occurrence is claimed, a statement of its date, approximate time of day and approximate location. 9. any subsequent repair or other remedial action is claimed, a statement of its date, approximate time of day, approximate location, who made such repair or took such other action and who has first-hand knowledge of either. B. Damage Issues: Personal Injury: 10. A statement of the injuries claimed to have been sustained by plaintiff as a result of the accident and a description of any injuries claimed to be permanent. 11. Inany action under Ins. Law, §5104(a), for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect and to what extent any plaintiff has sustained: (a) serious injury, as defined by Insurance Law,5102(b); 18 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 b) economic loss greater than basic economic loss, as defined by Insurance Law, 5102 (a). 12. f plaintiff was treated at a hospital or hospitals, the name and address of each hospital and the exact dates of admission or treatment at each. 13. The name and address of all medical professionals that treated or examined plaintiffs with regard to the injuries claimed, and the exact dates of treatment received from each. 14. f loss of earnings is claimed, the name and address of plaintiff's employer, the nature of plaintiff's employment, and the exact dates that the plaintiff was incapacitated from employment. 15. A statement of the exact dates that each plaintiff was: a) hospitalized; b) confined to bed; c) confined to house; 16. — Total amounts each plaintiff claims as special damages for: a) hysicians' services; b) — medical supplies Cc) loss of earnings to date, with the name(s) and address(es) of plaintiff's employer(s); d) loss of earnings in the future, stating how the figure was calculated; e) ospital expenses; f) nurses' services; g) any other special damages claimed. 19 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 17. If any plaintiff claims loss of services, a statement of all such losses claimed, including the nature and extent of the lost services and all special damages claimed. 18. The name, address and amounts received from each collateral source that has paid or reimbursed plaintiff for any of the expenses incurred as a result of this accident. DAMAGE ISSUES: MEDICARE 19. Set forth plaintiff's Medicare Health Insurance number. 20. State whether plaintiff is receiving Medicare benefits. 21. Inthe event that plaintiff is not receiving any Medicare benefits, state whether plaintiff has received Medicare benefits in the past. 22. State when plaintiff first received any Medicare benefits. 23. In the event that plaintiff received Medicare benefits in the past, state when the Medicare benefits ceased. 24. State whether plaintiff received any Medicare benefits due to the injuries or illness arising out of the incident which is the subject matter of this lawsuit. 25. In the event that plaintiff has received Medicare benefits, due to treatment provided for injuries or illness arising out of the incident, which is the subject matter of this lawsuit, please state the amount received to date. 26. Identify any documents received pertaining to any Medicare benefits received for the treatment provided for the injuries or illness arising out of the incident, which is the subject matter of this lawsuit. 27. State the name, address and policy number of any additional medical insurance. 20 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 28. State all names that plaintiff has been known by or has used. DATED: January 28, 2019 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant CINE MAGIC EAST RIVER STUDIOS, LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 ti 7+ By: (A. ZS Robert M. Mazzei — To: Goldstein & Handwerker, LLP Attorneys for Plaintiff Jahary Canto 280 Madison Avenue, Suite 1202 New York, New York 10016 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York 10007 21 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 Index No.: 519697/2018 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAHARY CANTO, Plaintiff, -against- CINE MAGIC EAST RIVER STUDIOS, LLC AND JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. VERIFIED ANSWER TO COMPLAINT, NOTICE PURSUANT TO CPLR 2103, DEMAND FOR VERIFIED BILL OF PARTICULARS AND COMBINED DISCOVERY DEMANDS AND NOTICE OF DEPOSITION EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant Cine Magic East River Studios, LLC Office and Post Office Address 55 Water Street, 28th Floor New Y ork, New York 10041 (212) 612-4200 22 of 30INDEX NO. 519697/2018 RECEIVED NYSCEF: 01/28/2019 (FILED: KINGS COUNTY CLERK 0172872019 03:56 PM NYSCEF DOC. NO. 6 EUSTACE, MARQUEZ, EPSTEIN, EDWARD M. EUSTACE RHONDAL. EPSTEIN RICHARD C. PREZIOSO DAVID S. KASDAN CHRISTOPHER M. YAPCHANY K Craig j.billeci PAUL A. TUMBLESON REGINE DELY-LAZARD LAUREN S. YANG MAUREEN E. PEK NIC GREGORY R. BENNETT TIMOTHY S.CARR PREZIOSO & yapchanyk ATTORNEYS AT LAW 55Water Street ¢28°" Fl. New York,NY 10041 TEL (212) 612-4200 FAX (212) 612-4284 Not a Partner shipor Professional Cor poration ANTHONY J.TOMARI Nathaliec.Hackett THOMAS B. FERRIS TERENCE H.DeMARZO ROBERT M. MAZZEI Robert M. Michell MILES A. LINEFSKY DANIEL P. ROCCO OF COUNSEL PETER T. mensching Alanj.harris Joshuaa.yahwak January 28, 2019 Goldstein & Handwerker, LLP 280 Madison Avenue, Suite 1202 New Y ork, New Y ork 10016 Re: Canto v. Cine Magic East River Studios, LLC Our File Number: 79933430 Date of Loss: 10/10/2017 Dear Counsel: Please be advised that effective April 14, 2003 the Health Insurance Portability and Accountability Act went into effect. As such, an appropriate authorization complying with the HIPAA regulations must be properly completed and signed by the Plaintiff in this action. For your reference, enclosed please find a sample HIPAA Authorization. The new HIPAA authorization requires the following items: 1. A description of the information to be used or disclosed. 2. The name of the Requestor or the covered entity or person whom the medical facility can make the disclosure to. 3. The name of the medical facility or individual authorized to make the disclosure. 4, An expiration date. 5. A statement of the patients right to revoke the authorization in writing. 23 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 6. A statement that informs the patient that the information used or disclosed pursuant to the authorization may be subject to redisclosure by the requestor and may no longer be protected by Federal or State Law. 7. Signature of the patient. 8. If the authorization is signed by a person other than the patient, a description of the patient’s representative’s authority (and verification of authority) to act on behalf of the patient. 9. The Date. 10. | A statement that the medical facility will not withhold treatment or services based on whether or not the patient authorizes this request. We are requesting your compliance pursuant to the new HIPAA Authorization Requirements. Thank you for your cooperation and if you have any questions please contact our office. Very truly yours, P94 Ldn PF Robert M. Mazzei RMM:‘et Enc. 24 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 AUTHORIZATION FOR RELEASE OF INFORMATION MCS File Name: SSN: DOB: Address: City: State: Zip Code: |, General Release. Ihereby authorize to disclose the information set forth in Section IV of this Authorization for the period from . The released information is required for litigation. | further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to photocopy such records as are reasonably necessary for the above-state purposes. Il. Health Information Release. | hereby authorize the disclosure of my health information, as described in this authorization: Person(s) authorized to disclose the information: [Name of the Provider: Hospital, Doctor, Insurance Co.) Information to be disclosed: The Information set forth in Section V of this Authorization. | understand that the health information may include information pertaining to treatment of drug and alcohol abuse, mental health including without limitation psychiatric information, acquired immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV), sexually transmitted diseases, sick cell anemia treatment, tuberculosis information or genetic information. THIS INFORMATION WILL BE RELEASED UNLESS | INDICATE OTHERWISE BY CHECKING HERE: Person(s) authorized to receive the disclosed information: The MCS Group, Inc. on behalf of: [Name of MCS Client] | further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to photocopy such records as are reasonably necessary for the above-state purposes. Purpose of this request: At my request. Expiration Date: Unless otherwise revoked, this authorization will expire one year after the date of this authorization or later as indicated here Right to revoke: | understand that | have the right to revoke this authorization at any time by notifying in writing each Person identified in Section (a). | understand that the revocation is only effective after it is received and logged by such Person. | understand that any disclosure made prior to the revocation under this authorization will not be affected by the revocation. Subsequent Disclosure: | understand that any disclosure of information may be subject to re-disclosure by the recipient and may no longer be protected by federal or state law. Impact on Medical Treatment: | understand that | do not need to sign this authorization to assure any medical treatment. | understand that! may inspect and/or copy the information to be disclosed. | understand that authorizing this disclosure is voluntary. | understand that if | have any questions about disclosure of my health information, | may contact the privacy officer for each Person identified in Section (a). Ill. Signature/Certification. Signature of Person Identified Above or his or her Authorized Representative / Guardian Date By signing this authorization, the Authorized Representative and/or Guardian warrants that he or she has the authority to act on behalf of the person identified above on the basis of: 25 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 AUTHORIZATION FOR RELEASE OF INFORMATION MCS File IV. Information Subject to the General Release. Provider n Employment Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all pre- employment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front of this Authorization Form Car Insurance Copies of any and all claims files concerning claims including but not limited to PIP pay out sheets, medical records, bills and reports of treating an examining physician's statements of claims, correspondence, notes and documents concerning of any and all property damage claims files including but not limited to photographs, estimates, appraisals, payouts for property damage, and any documentation regarding property damage. Insured: Person identified on the front of this Authorization F orm. U Social Security Benefits Any and all records showing all payments and benefits received, and all benefits still available and not used by the Person identified on the front of this Authorization Form, including but not limited to any and all disability benefits, application for benefits, approval or denial of benefits and other social security benefits records regarding the above mentioned individual. School Copies of any and all school records, transcripts, attendance records, disciplinary reports, extracurricular activities, and cumulative records regarding the Person identified on the front of this Authorization Form. Other V. Information Subject to the Health Information Release. Provider n Employment — Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all pre- employment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front of this Authorization Form U Pharmacy Any and all prescription records kept in the regular course of business including but not limited to prescription prescribed, physicians prescribing medications, medication description, medication side effect print out, frequency medication being taken, billing, insurance and payment records, etc., and any and all records kept in your file regarding the below listed party; from the first date of treatment to the present (pertaining to the Person identified on the front of this Authorization Form). Medical Insurance Copies of any and all claim files concerning claims made by the below listed party including but not limited to pay out sheets, medical records, bills and reports of treating and examining physicians, state of claims, correspondence, notes and documents concerning any payments made to medical providers under the provisions of the policy. Insured: (the Person identified on the front of this Authorization Form). Medical Copies of any and all medical records, reports, charts, notes, diagrams, documents, papers, correspondence, memoranda, microfilmed document emergency room reports, billing information, x-ray films, MRI films, and/or films or of radiological studies and any and all other records of reports in your possession, custody or control, from the inception of your records to the present pertaining to the Person identified on the front of this Authorization Form. Other 26 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM NYSCEF DOC. NO. 6 EDWARD M. EUSTACE RHONDAL. EPSTEIN RICHARD C. PREZIOSO DAVID S. KASDAN CHRISTOPHER M. YAPCHANY K Craig j.billeci PAUL A. TUMBLESON REGINE DELY-LAZARD LAUREN S. YANG MAUREEN E. PEKNIC GREGORY R. BENNETT TIMOTHY S.CARR EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & yapchanyk ATTORNEYS AT LAW 55Water Street e238" FI. New York,NY 10041 TEL (212) 612-4200 FAX (212) 612-4284 Not a Partner shipor Professional Cor poration INDEX NO. 519697/2018 RECEIVED NYSCEF: 01/28/2019 ANTHONY J.TOMARI Nathaliec.Hackett THOMAS B. FERRIS TERENCE H.DeMARZO ROBERT M. MAZZEI Robert M. Michell MILES A. LINEFSKY DANIEL P. ROCCO OF COUNSEL PETER T. mensching Alanj.harris Joshuaa.yahwak January 28, 2019 Goldstein & Handwerker, LLP 280 Madison Avenue, Suite 1202 New Y ork, New Y ork 10016 Re: Canto v. Cine Magic East River Studios, LLC Our File Number: 79933430 Dear Counsel: Enclosed please find a copy of our responsive pleading to the above referenced complaint. Please ensure that Plaintiff places his/her initials in section 9A (all 3 choices) on all Medical authorizations & in section 6 for all IRS authorizations. Additionally, with the enforcement of the Medicare, Medicaid and SCHIP Extension Act of 2007, counsel is required to notify Medicare if the Plaintiff is a beneficiary of any Medicare benefits. Therefore we have attached the Medicare “Proof of Representation” and the Medicare “Consent to Release” which we have completed in part. If your client is a Medicare beneficiary, please execute and have your client execute both documents and immediately submit them to: 27 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 Medicare Secondary Payer Recovery Contractor MSPRC Auto/Liability P.O. Box 138832 Oklahoma City, OK 73113 Fax: (406) 869-3309 We also request that you return a copy of the signed forms for our records. We are submitting these documents to you based upon the representation from Medicare that it will take 180 days for these documents to be processed. By submitting the Notice of Claim to Medicare now, we will be able to obtain the amount of the Medicare benefits received by the plaintiff(s). Without this information, a potential resolution of the case could be delayed. Thank you for your attention. RMM:‘et Enc. 28 of 30 Very truly yours, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & Robert M. Mazzei 212.612.4244(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 Proof of Representation The language below should be used when you, the Medicare beneficiary, want to inform the Centers for Medicare & Medicaid Services (CMS) that you have given another individual the authority to represent you and act on your behalf with respect to your claim for liability insurance, no-fault insurance or workers' compensation, including releasing identifiable health information or resolving any potential recovery claim that Medicare may have if there is a settlement, judgment, award or other payment. Y ou are not required to use this model language, but proof of representation must include the information provided in this model language. Y our representative must also sign that he/she has agreed to represent you. This model language also makes provisions for the information your representative must provide. Type of Medicare Beneficiary Representative (Check one below and then print the requested information): () Individual other than an Attorney: Names () Attorney * () Guardian * FirmorCompanyName: () Conservator * Address: () PowerofAttomey* * Note -- If you have an attomey, your attorney may be able to use his/her retainer agreement instead of this language. (If the beneficiary is incapacitated, his/her guardian, conservator, power of attomey etc. will need to submit documentation other than this model language.) Please visit www.msprc.info for further instructions. Medicare Beneficiary Information and Signature/Date: Beneficiary's Name (please print exactly as shown on your Medicare card): Beneficiary's Health Insurance Claim Number (number on your Medicare card): Date of Illness/Injury for which the beneficiary has filed a liability insurance, no-fault insurance or workers! compensation claim: Beneficiary Signature: Datesiged: Representative Siqnature/Date: Representative's Signature: Datesiged: 29 of 30(FILED: KINGS COUNTY CLERK 0172872019 03:56 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2019 Consent to Release The language below should be used when you, a Medicare beneficiary, want to authorize someone other than your attorney or other representative to receive information, including identifiable health information, from the Centers for Medicare & Medicaid Services (CMS) related to your liability insurance (including self-insurance), no-fault insurance or workers' compensation claim. Lo (print your name exactly as shown on your Medicare card) hereby authorize the CMS, its agents and/or contractors to release, upon request, information related to my injury/illness and/or settlement for the specified date of injury/illness to the individual and/or entity listed below: CHECK ONLY ONE OF THE FOLLOWING TO INDICATE WHO MAY RECEIVE INFORMATION AND THEN PRINT THE REQUESTED INFORMATION: (If you intend to have your information released to more than one individual or entity, you must complete a separate release for each one.) (__) Insurance Company (_) Workers' Compensation Carrier ( X ) Attomey for Defendant Name of entity: Eustace, Marquez, Epstein, Prezioso & Y apchanyk Contact for above entity: Robert M. Mazzei Address: 55 Water Street New Y ork, New York 10041 Telephone: 212.612.4244 CHECK ONE OF THE FOLLOWING TO INDICATE HOW LONG CMS MAY RELEASE YOUR INFORMATION (The period you check will run from when you sign and date elow.): ) One Year ( ) TwoYears ( ) Other (Provide a specific period of time) understand that I may revoke this "consent to release information" at any time, in writing. MEDICARE BENEFICIARY INFORMATION AND SIGNATURE: Beneficiary Signature: Date signed: Note: If the beneficiary is incapacitated, the submitter of this document will need to include documentation establishing the authority of the individual signing on the beneficiary's behalf. Please visit www.msprc.info for further instructions. Medicare Health Insurance claim number (the number on your Medicare card): Date of Injury/Illness: 10/10/2017 30 of 30