Preview
FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA,
INDEX NO.: 514355/2021
Plaintiff(s),
VERIFIED ANSWER TO
- against - AMENDED COMPLAINT,
BILL OF PARTICULARS &
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF COMBINED DEMANDS
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND Our File No.: 1031106
PAUDY A. NUNEZ-ARIAS, Case ID No.: 117509
Defendant(s).
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The Defendant(s) FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A.
NUNEZ-ARIAS by their/his/her attorneys, BAKER, MCEVOY & MOSKOVITS, P.C.
answering the Complaint of the Plaintiff herein, respectfully shows and alleges upon information
and belief, as follows:
ANSWER
Deny(ies) each and every allegation in the paragraphs of the Complaint designated as
follows: 28, 29, 30, 31, 32, 33, 34, 35.
Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth
of the allegations contained in the paragraphs of the Complaint designated as follows: 1, 2, 3, 6,
7, 8, 9, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 26.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
By reason of the provisions of Article 51 of the New York Comprehensive Motor Vehicle
Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject
matter of this action and Plaintiff(s) is/are expressly prohibited from maintaining this action.
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SECOND AFFIRMATIVE DEFENSE
Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the
Plaintiff(s) was/were caused by the culpable conduct of Plaintiff(s), including contributory
negligence or assumption of the risk, and not by the culpable conduct or negligence of the
answering Defendant(s).
THIRD AFFIRMATIVE DEFENSE
Pursuant to C.P.L.R. 4545, Plaintiff's recovery should be reduced by any amounts
received or that will be received by Plaintiff(s) from collateral sources of payment.
FOURTH AFFIRMATIVE DEFENSE
If Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged
in the Complaint, which Defendant(s) deny, and if it is determined that said injury and damage
were caused by and contributed to the Plaintiff's failure to use or properly use seat belts, shoulder
harness(es) or other restraining devices, pursuant to the authority of Spier V. Barker, 35 N.Y.2d
444, 363 N.Y.S.2d 916, Defendant(s) pleads Plaintiff’s failure to mitigate damages.
FIFTH AFFIRMATIVE DEFENSE
If it is determined that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration
with respect to any issue related to this action that results in an adverse ruling to said Plaintiff(s)
or party, then the answering Defendant(s) pleads said adverse ruling or award on the theory of
collateral estoppel under the authority of Matter of American Insurance Co. (Messenger-Aetna
Cas. & Sur. Co.), 43 N.Y.2d 184, 401 N.Y.S.2d 36; Altman v. Queens Tr. Corp., 94 Misc.2d
549, 405 N.Y.S.2d 212; Dermatossian v. New York City Transit Authority, 67 N.Y.2d 219, 501
N.Y.S.2d 784; c.f. Baldwin v. Brooks, 83 A.D.2d 85, 443 N.Y.S.2d 906; Clemmens v. Apple, 65
N.Y.2d 746 and Schultz v. Boyscouts of America, 65 N.Y.2d 189.
SIXTH AFFIRMATIVE DEFENSE
Upon information and belief, plaintiff(s) failed to mitigate damages.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the
General Obligations Law.
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EIGHTH AFFIRMATIVE DEFENSE
For the Defendant(s) engaged in the trade or business of renting or leasing vehicles,
including but not limited to the vehicle alleged in the Complaint, that/those Defendant(s) had no
active negligence or criminal wrongdoing related to the alleged accident in which personal
injuries are claimed to have been sustained by Plaintiff(s). As such, under Federal Legislation,
49 United State Code Chapter 301, Subdivision 1, Section 3016 titled “Rented or Leased Motor
Vehicle Safety and Responsibility,” Defendant(s) is/are not liable under the law of the State of
New York for the injuries alleged in the Complaint that may have resulted or arisen out of the
use, operation or possession of the vehicle stated in the Complaint. The Complaint therefore
fails to state a cause of action against Defendant(s). Dismissal will be sought, together with
costs, expenses and attorneys’ fees.
RESERVATION OF RIGHTS
Defendant(s) reserve(s) the right to amend the answer, defenses, and/or any
counterclaims and cross claims at a later date.
Cross-claim against: BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF THE
ESTATE OF LEONEL G TUSA MASAQUIZA
If Plaintiff(s) was caused to sustain any injury and damages as alleged in the complaint
through the negligence or culpable conduct other than the plaintiff(s)' own negligence or
culpable conduct, the alleged injury and damages were caused by the negligence or culpable
conduct of the co-defendant(s) of the answering defendant(s) named as parties to this action in
failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place
and under the circumstances alleged in the complaint, and that the answering defendant(s)
demand indemnification and/or contribution pursuant to Dole V. Dow Chemical Corp., 30
N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said co-defendant(s) for all
or part of any verdict or judgment which the plaintiff(s) may recover against the answering
defendant(s).
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WHEREFORE
WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint or
diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct
attributable to Plaintiff(s), together with the costs and disbursements of this action, and further
demands that in the event answering Defendant(s) is/are found liable, that Defendant(s), on the
basis of apportionment of responsibility and/or indemnification, have judgment over against the
Co-Defendant(s) for all or part of the verdict or judgment that Plaintiff(s) may recover against
answering Defendant(s), together with the costs and disbursements of this action, and for any
expenses incurred in the defense thereof, including attorneys’ fees.
Dated: August 26, 2021
Brooklyn, N.Y.
Baker, McEvoy & Moskovits, PC
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One MetroTech Center, 8th Floor
Brooklyn, New York 11201
Tel: 212-857-8230
EUGENE M. BELLIN
Attorney(s) for the Plaintiff(s)
JAEL TUSA QUINGA
485 MADISON AVENUE, FL 16
NEW YORK, NY 10022
Tel: (212) 267-9100
JAMES G. BILELLO & ASSOCIATES
Attorney(s) for the co-defendant(s)
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF
THE ESTATE OF LEONEL G TUSA MASAQUIZA
100 DUFFY AVENUE, STE 500
HICKSVILLE, NY 11801
Tel: (516) 861-1817
FILE NO.: 21-0074506
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), ATTORNEY VERIFICATION
- against - Our File No.: 1031106
Case ID No.: 117509
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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I, RONIT Z. MOSKOVITS, an attorney admitted to the practice of law before the courts
of the State of New York, and not a party to the above-referenced action, affirm the following to
be true under the penalties of perjury:
1. Affirmant is a member of the law firm of BAKER, MCEVOY & MOSKOVITS,
P.C., attorneys of record for answering Defendant(s) in the above-referenced action.
2. Affirmant has read the VERIFIED ANSWER TO AMENDED COMPLAINT,
BILL OF PARTICULARS, & COMBINED DEMANDS and knows the contents thereof; that
same is true to Affirmant’s own knowledge, except as to the matters therein stated to be alleged
on information and belief, and as to those matters Affirmant believes them to be true.
3. This verification is made by Affirmant and not by answering Defendant(s),
because said Defendant(s) were not within the County in which BAKER, MCEVOY &
MOSKOVITS, P.C. maintain their offices for the practice of law when this VERIFIED
ANSWER TO AMENDED COMPLAINT, BILL OF PARTICULARS, & COMBINED
DEMANDS was drafted.
4. The grounds of Affirmant’s belief as to all matters not stated upon Affirmant’s
knowledge is as follows: BOOKS AND RECORDS MAINTAINED BY THE FIRM OF
BAKER, MCEVOY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED BY
AMERICAN TRANSIT INSURANCE COMPANY.
Dated: August 26, 2021
Brooklyn, NY
Ronit Z. Moskovits, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), DEMAND FOR BILL OF
PARTICULARS &
- against - COMBINED DEMANDS
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106
THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Article 30 of the CPLR, you are hereby
required to file and serve upon the undersigned the following Verified Bill of Particulars of
Plaintiff's alleged cause of action herein within thirty (30) days from the date of service hereof.
1. The name and address of the Plaintiff(s).
2. The age and date of birth of the Plaintiff(s).
3. The social security numbers of Plaintiff(s).
4. The date and time of the occurrence.
5. State the location of the accident/occurrence in sufficient detail to permit identification of
the accident, providing in detail the direction in which each car was proceeding at the
time of the accident.
6. Separate statements setting forth all of the acts or omissions constituting the negligence
of each Defendant(s).
7. State what part(s) of each vehicle came in contact with each other, including contacts
with each pedestrian, fixed object(s) or parked vehicle(s).
8. State the statutes, rules, laws and/or ordinances that alleged Defendant(s) has/have
violated. If property damage is being claimed, please set forth the applicable laws and
circumstances in full detail.
9. State the make, model and the year of manufacture of Plaintiff(s)' vehicle, the reasonable
market value of same immediately prior to and immediately after the alleged accident.
10. If personal injuries are being claimed, please set forth in full detail. Include the nature,
extent, location and duration of each and every injury alleged to have been sustained by
the Plaintiff(s) and if any are claimed to be permanent.
11. If Plaintiff(s) admitted to any hospital or emergency room resulting from the
accident/occurrence, state names and addresses of the facilities, treating physicians &
date of admission and discharge each facility.
12. If applicable, the length of time, giving specific dates, that Plaintiff(s) was/were confined
to bed and to home as a result of the alleged injuries.
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13. The length of time during which Plaintiff was incapacitated from employment and/or
household duties as a result of the alleged injuries, giving specific dates. Set forth the
amount of earnings or wages claimed to have been lost and the rate of wages or basis of
remuneration received by the Plaintiff(s).
14. If applicable, provide the amounts claimed for special damages for:
a. Physicians' services,
b. Medical supplies,
c. Nurses' services,
d. Hospital expenses,
e. X-ray expenses,
f. Chiropractors,
g. Physiotherapists
h. Drugs and medications,
i. Loss of earnings, and
j. Any other items of special damages claimed.
15. The names and last known addresses of any witness to the occurrence herein, pursuant to
Zayas V. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279.
16. The name and last known address of any person who has information concerning the
condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence
herein, as it was on the date of accident or at the time it was last in the custody and
control of the Plaintiff(s).
17. State Plaintiff's occupation; name & address of Plaintiff(s)' employer at the time of the
accident. If Plaintiff(s) is/are self-employed, please state nature of business, business
name and address, and Federal I.D. number.
18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and
address of the school attended at time of accident and designated class or grade, and the
length of time Plaintiff was unable to attend classes.
19. Set forth any and all collateral sources under C.P.L.R. 4545(c), specifying date paid,
amount of collateral source payment, by whom paid, specifying name, address, file or
claim number and all particulars identifying the payer.
20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in
subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic
economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law.
21. If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state
the nature and extent of such. Provide the name and address of each hospital, clinic,
institution, physician, and other health care provider that treated or examined Plaintiff(s)
for such pre-existing injury.
22. If loss of service is claimed, state or describe the nature of such service, the length of
time each Plaintiff was deprived of such service, and the value of such service. If
wrongful death and/or conscious pain and suffering is claimed, as defined by law, please
set forth in reasonable detail.
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23. If applicable, set forth the place and date of the marriage of the decedent, if married, and
to whom at the time of death. If the Plaintiff was not married to decedent, set forth the
relationship at the time of death.
24. If applicable, set forth with specificity, the name(s) and address(es) of the decedent's next
of kin, heirs at law and distributes.
25. If applicable, state the manner in which the damages allegedly sustained by decedent’s
next of kin and heirs at law and distributes were computed.
Dated: August 26, 2021
Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), NOTICE FOR DISCOVERY
& INSPECTION
- against -
Our File No.: 1031106
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
Rules, Defendant(s) demands that Plaintiff(s) produce and permit discovery by him, his
attorneys, or another acting on his behalf of the following articles, documents, and things for
inspection, copying, testing, and photographing within thirty (30) days after receipt hereof, at
BAKER, MCEVOY & MOSKOVITS, PC, ONE METROTECH CENTER, 8th FLOOR,
BROOKLYN, NY 11201, at which time said articles, documents and things will be physically
inspected, copied tested, photographed, and mechanically reproduced.
In lieu of strict compliance with the terms and conditions of this Notice, the undersigned
will accept clearly legible photocopies of the said items, if received by the undersigned at least
five (5) days prior to the return date hereof, together with a letter from the Plaintiff(s)' attorneys
advising as to the completeness of the items provided.
1. If applicable, provide a copy of Letters Testamentary or Limited Letters of
Administration.
2. Itemized statements of the alleged damages to Plaintiff's vehicle, together with the cost of
repairs of each item, the garage or shop that performed the repairs, along with the shop
license numbers.
3. If claim is made for loss of earnings, please provide W-2 forms or certified copies of tax
returns for one year prior to occurrence and the for the year at time of occurrence.
4. True copy of any statement of Defendant(s) and Plaintiff(s) herein, pursuant to CPLR
3101(e).
5. Photographs of any vehicle involved in the accident, the accident scene or of any of the
parties herein following the accident.
6. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s)
which was involved in this occurrence for a period of one year prior to the accident date
herein.
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7. True copy of any accident report concerning this occurrence in the custody and control of
Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g).
8. True copy of any MV 104 and police report filed by the operators of any motor vehicles
involved in this accident.
9. Authorization to obtain no fault file, and/or worker’s compensation file. All
authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
10. Authorization to obtain employment record(s) and workers compensation record(s). All
Authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
11. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident,
which is the subject of this action.
12. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical
reports, pathology reports, toxicology reports, autopsy reports and bills of any medical
condition(s) claimed to have been activated, precipitated or aggravated by the accident
which is the subject of this action. Authorizations must be HIPAA compliant pursuant to
Section 164.508 of the Federal Mandated Final Privacy Rule.
13. Copy of primary and/or excess insurance policy limits of Co-Defendant(s).
14. Produce authorization(s) to obtain any and all prior medical treatment records, reports
and diagnostic films, pertaining to any medical treatment for a prior injury to the same
body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue.
15. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like
pleading) and any and all Medical Record(s) and Report(s) exchanged in all prior
personal injury lawsuits brought by Plaintiff(s).
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, a
Motion to Compel or Strike Plaintiff's pleading will be made pursuant to CPLR 3120 and 3124.
PLEASE TAKE FURTHER NOTICE that the request for items specified in this
document is a continuing demand and should any of the information requested become available
or known in the future, you are required to furnish same at such time.
Dated: August 26, 2021
Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), NOTICE PURSUANT
TO CPLR 2103(e)
- against -
Our File No.: 1031106
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demand hereby is made upon
you to supply the undersigned, in writing, with a list of those parties who have appeared in the
action and the names and addresses of their attorneys.
Dated: August 26, 2021
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 514355/2021
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JAEL TUSA QUINGA, COMBINED DEMANDS FOR:
1. NAMES & ADDRESSES OF
Plaintiff(s), ALL WITNESSES
2. EXPERT DISCLOSURE
- against - 3. PRODUCTION OF ALL
STATEMENTS TAKEN OF
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF ANSWERING DEFENDANT(S)
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND Our File No.: 1031106
PAUDY A. NUNEZ-ARIAS, Case ID No.: 117509
Defendant(s).
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PLEASE TAKE NOTICE that Defendant(s) demand(s) that you set forth in writing,
under oath, and serve upon us within Thirty (30) days of this date, the names and addresses of
each person known or claimed by you to be witness to the occurrence and as to notice of the
condition, if any, alleged in the complaint in this action.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d) (1), you are
hereby required to set forth the following:
1. The name and address of each and every person you expect to call as an expert witness at
the trial of this action;
2. In reasonable detail, the subject matter on which each expert is expected to testify;
3. The substance of the facts and opinions on which each expert is expected to testify;
4. The qualifications of each expert, and;
5. A summary of the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE that the answering Defendant(s) demand(s) that
each and every party to this action produce legible copies of any and all statements, written or
electronically recorded, taken of the answering Defendant(s) by any other party to this action
within Thirty (30) days of this date. The above are on-going demands.
Dated: August 26, 2021 Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), NOTICE OF DECLINING
SERVICE BY
- against - FASCIMILE TRANSMITTAL
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106
THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 5, the office of BAKER, MCEVOY &
MOSKOVITS, P.C. will not accept service of papers, notices, motions, etc. by facsimile
transmittal or similar means.
Dated: August 26, 2021
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), NOTICE FOR
INSURANCE INFORMATION
- against -
Our File No.: 1031106
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509
THE ESTATE OF LEONEL G TUSA MASAQUIZA,
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to C.P.L.R. 3101(f), demand is hereby made
upon you for your policy limits including all excess insurance. Failure to disclose same will
necessitate the undersigned to procure a Court order and sanctions.
Dated: August 26, 2021
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), DEMAND FOR
AUTHORIZATIONS FOR
- against - MEDICAL INFORMATION
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106
THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 3101(a) and 3121, Defendant(s) hereby
demand that Plaintiff(s) serve upon and deliver to Defendant(s), responses to the following
demands, within Twenty (20) days as required per CPLR 3122(a)(1):
1. The name of all medical treatment providers, and the name and address of all medical
treatment facilities, from whom and where plaintiff received treatment for any alleged
injuries.
2. Duly executed HIPAA compliant written authorizations for each medical provider and
facility, permitting Defendant(s) attorneys to obtain full and complete copies of all
reports, records, operative admission and nursing/anesthesia notes, photos, diagnostic
images, and pathology reports, from any treatment provider(s). All such authorizations
must be HIPAA compliant, and must specify the name of this firm as defendants’
attorneys, to obtain the copies of the authorized information.
3. All authorizations for facilities at which surgery was performed are demanded to overtly
state and specify that the “ENTIRE OPERATIVE ADMISSION RECORDS,
INCLUDING ALL NURSING, ANESTHESIA, AND PATHOLOGY RECORDS” be
authorized to be furnished to said attorneys.
4. Authorizations for Emergency Medical Service (Ambulance) records and reports
maintained by the NYFD (New York Fire Dept.), MUST be furnished in the form
required by that agency.
5. The name and business address of Plaintiff’s primary care physicians for five years prior
to the date of accident, and all times following the accident.
6. Duly executed written authorizations, permitting defendants’ attorneys to obtain copies of
all medical records of the plaintiff’s primary care physicians for any and all consults,
diagnoses, or treatment of any complaints relative to the plaintiff’s physical condition, for
a period of five years prior to the accident, and for all times following the accident.
7. The name, address, and policy number(s) of each plaintiff’s primary medical insurance
policy administrator(s) for the five years prior to the date of accident, and all times
following the accident.
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8. Duly executed written authorization(s), permitting defendants’ attorneys to obtain copies
of all medical records of each plaintiff’s primary medical insurance administrator(s) for
all medical, billing and payment for consultation or treatment of plaintiff, during the three
years immediately preceding the date of accident, and all times following the accident.
9. Copies of the medical reports of those physicians who have previously treated or
examined the party seeking recovery and who will testify on his behalf. These shall
include a detailed recital of the injuries and conditions as to which testimony will be
offered at the trial, referring to and identifying those x-rays and technicians' reports
which will be offered at the trial.
10. Duly executed and acknowledged written authorization permitting all parties to obtain
and make copies of all hospital records and such other records, including x-rays, MRI
films, surgical reports, toxicology reports, pathology reports, reports of all treating
physicians and technicians' reports, as may be referred to and identified in the statement
of the examined party's physician. All authorizations must be HIPAA compliant pursuant
to Sec. 164.508 of the federally mandated and Final Privacy Rule.
PLEASE TAKE FURTHER NOTICE that all demands are ongoing and that all
responses, including specific objections, are due within Twenty (20) days of the date of service,
pursuant to CPLR 3122.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 3101(h), amendments and
supplements are owed upon a party’s obtaining information that the response made was incorrect
or incomplete, no longer is correct and complete, and circumstances are such that a failure to
amend or supplement the initial response would be materially misleading. Any failure to timely
amend or supplement responses may result in motion practice.
Dated: August 26, 2021.
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
FTL 1001, LLC, RIGO LIMO-AUTO CORP.,
AND PAUDY A. NUNEZ-ARIAS
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JAEL TUSA QUINGA, INDEX NO.: 514355/2021
Plaintiff(s), NOTICE FOR
PHISICAL EXAMIANTION,
- against - RECORDS AND REPORTS
BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106
THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509
FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND
PAUDY A. NUNEZ-ARIAS,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to and CPLR 3121 and NYCRR 202.17,
Defendants hereby demand that Plaintiff(s) submit to physical examination(s) to be conducted by
physician(s) designated by the Defendant(s), at time(s) and place(s) to be specified by
Defendants. The physical examination(s) will be designated at a place within reasonable
distance of the Courthouse.
PLEASE TAKE FURTHER NOTICE that Defendant(s) hereby demand that Plaintiff
serve copies of the medical reports and records of all those physicians and/or hospitals that have
previously treated or examined the Plaintiff(s) for any injuries alleged. Failure to exchange
copies of any treating physicians reports/records within the time set forth under the rule, will
prevent the exam from going forward, and Plaintiff(s) will be responsible for any costs incurred
due to a cancellation on such grounds.
PLEASE TAKE FURTHER NOTICE that Defendant(s) hereby demand that Plaintiff(s)
notify defense counsel in writing, at least 10 days prior to the examination, if Plaintiff(s) will
require the use of an interpreter to translate into a language other than English, in order for the
examining physician to communicate with the Plaintiff(s) during the exam.
PLEASE TAKE FURTHER NOTICE that no recording of any part of the examination -
in any media format – may be made during the exam unless prior application to the Court has
resulted in a written decision/order of the Court authorizing such action. Additionally, in the
event any such recording is improperly or secretly made in contravention of this demand and the
case law, and with or without the knowledge of counsel, such recording must be disclosed and
exchanged pursuant to CPLR and 3101(i) and 3101(a)(3).
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PLEASE TAKE FURTHER NOTICE that any objection to the physician(s) designated to
conduct a physical examination, or
Preview
FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), VERIFIED ANSWER TO - against - AMENDED COMPLAINT, BILL OF PARTICULARS & BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF COMBINED DEMANDS THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND Our File No.: 1031106 PAUDY A. NUNEZ-ARIAS, Case ID No.: 117509 Defendant(s). -----------------------------------------------------------------X The Defendant(s) FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS by their/his/her attorneys, BAKER, MCEVOY & MOSKOVITS, P.C. answering the Complaint of the Plaintiff herein, respectfully shows and alleges upon information and belief, as follows: ANSWER Deny(ies) each and every allegation in the paragraphs of the Complaint designated as follows: 28, 29, 30, 31, 32, 33, 34, 35. Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Complaint designated as follows: 1, 2, 3, 6, 7, 8, 9, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 26. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE By reason of the provisions of Article 51 of the New York Comprehensive Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject matter of this action and Plaintiff(s) is/are expressly prohibited from maintaining this action. 1 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SECOND AFFIRMATIVE DEFENSE Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the Plaintiff(s) was/were caused by the culpable conduct of Plaintiff(s), including contributory negligence or assumption of the risk, and not by the culpable conduct or negligence of the answering Defendant(s). THIRD AFFIRMATIVE DEFENSE Pursuant to C.P.L.R. 4545, Plaintiff's recovery should be reduced by any amounts received or that will be received by Plaintiff(s) from collateral sources of payment. FOURTH AFFIRMATIVE DEFENSE If Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged in the Complaint, which Defendant(s) deny, and if it is determined that said injury and damage were caused by and contributed to the Plaintiff's failure to use or properly use seat belts, shoulder harness(es) or other restraining devices, pursuant to the authority of Spier V. Barker, 35 N.Y.2d 444, 363 N.Y.S.2d 916, Defendant(s) pleads Plaintiff’s failure to mitigate damages. FIFTH AFFIRMATIVE DEFENSE If it is determined that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration with respect to any issue related to this action that results in an adverse ruling to said Plaintiff(s) or party, then the answering Defendant(s) pleads said adverse ruling or award on the theory of collateral estoppel under the authority of Matter of American Insurance Co. (Messenger-Aetna Cas. & Sur. Co.), 43 N.Y.2d 184, 401 N.Y.S.2d 36; Altman v. Queens Tr. Corp., 94 Misc.2d 549, 405 N.Y.S.2d 212; Dermatossian v. New York City Transit Authority, 67 N.Y.2d 219, 501 N.Y.S.2d 784; c.f. Baldwin v. Brooks, 83 A.D.2d 85, 443 N.Y.S.2d 906; Clemmens v. Apple, 65 N.Y.2d 746 and Schultz v. Boyscouts of America, 65 N.Y.2d 189. SIXTH AFFIRMATIVE DEFENSE Upon information and belief, plaintiff(s) failed to mitigate damages. SEVENTH AFFIRMATIVE DEFENSE Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the General Obligations Law. 2 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 EIGHTH AFFIRMATIVE DEFENSE For the Defendant(s) engaged in the trade or business of renting or leasing vehicles, including but not limited to the vehicle alleged in the Complaint, that/those Defendant(s) had no active negligence or criminal wrongdoing related to the alleged accident in which personal injuries are claimed to have been sustained by Plaintiff(s). As such, under Federal Legislation, 49 United State Code Chapter 301, Subdivision 1, Section 3016 titled “Rented or Leased Motor Vehicle Safety and Responsibility,” Defendant(s) is/are not liable under the law of the State of New York for the injuries alleged in the Complaint that may have resulted or arisen out of the use, operation or possession of the vehicle stated in the Complaint. The Complaint therefore fails to state a cause of action against Defendant(s). Dismissal will be sought, together with costs, expenses and attorneys’ fees. RESERVATION OF RIGHTS Defendant(s) reserve(s) the right to amend the answer, defenses, and/or any counterclaims and cross claims at a later date. Cross-claim against: BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF THE ESTATE OF LEONEL G TUSA MASAQUIZA If Plaintiff(s) was caused to sustain any injury and damages as alleged in the complaint through the negligence or culpable conduct other than the plaintiff(s)' own negligence or culpable conduct, the alleged injury and damages were caused by the negligence or culpable conduct of the co-defendant(s) of the answering defendant(s) named as parties to this action in failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place and under the circumstances alleged in the complaint, and that the answering defendant(s) demand indemnification and/or contribution pursuant to Dole V. Dow Chemical Corp., 30 N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said co-defendant(s) for all or part of any verdict or judgment which the plaintiff(s) may recover against the answering defendant(s). 3 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 WHEREFORE WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint or diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct attributable to Plaintiff(s), together with the costs and disbursements of this action, and further demands that in the event answering Defendant(s) is/are found liable, that Defendant(s), on the basis of apportionment of responsibility and/or indemnification, have judgment over against the Co-Defendant(s) for all or part of the verdict or judgment that Plaintiff(s) may recover against answering Defendant(s), together with the costs and disbursements of this action, and for any expenses incurred in the defense thereof, including attorneys’ fees. Dated: August 26, 2021 Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One MetroTech Center, 8th Floor Brooklyn, New York 11201 Tel: 212-857-8230 EUGENE M. BELLIN Attorney(s) for the Plaintiff(s) JAEL TUSA QUINGA 485 MADISON AVENUE, FL 16 NEW YORK, NY 10022 Tel: (212) 267-9100 JAMES G. BILELLO & ASSOCIATES Attorney(s) for the co-defendant(s) BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF THE ESTATE OF LEONEL G TUSA MASAQUIZA 100 DUFFY AVENUE, STE 500 HICKSVILLE, NY 11801 Tel: (516) 861-1817 FILE NO.: 21-0074506 4 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), ATTORNEY VERIFICATION - against - Our File No.: 1031106 Case ID No.: 117509 BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X I, RONIT Z. MOSKOVITS, an attorney admitted to the practice of law before the courts of the State of New York, and not a party to the above-referenced action, affirm the following to be true under the penalties of perjury: 1. Affirmant is a member of the law firm of BAKER, MCEVOY & MOSKOVITS, P.C., attorneys of record for answering Defendant(s) in the above-referenced action. 2. Affirmant has read the VERIFIED ANSWER TO AMENDED COMPLAINT, BILL OF PARTICULARS, & COMBINED DEMANDS and knows the contents thereof; that same is true to Affirmant’s own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters Affirmant believes them to be true. 3. This verification is made by Affirmant and not by answering Defendant(s), because said Defendant(s) were not within the County in which BAKER, MCEVOY & MOSKOVITS, P.C. maintain their offices for the practice of law when this VERIFIED ANSWER TO AMENDED COMPLAINT, BILL OF PARTICULARS, & COMBINED DEMANDS was drafted. 4. The grounds of Affirmant’s belief as to all matters not stated upon Affirmant’s knowledge is as follows: BOOKS AND RECORDS MAINTAINED BY THE FIRM OF BAKER, MCEVOY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED BY AMERICAN TRANSIT INSURANCE COMPANY. Dated: August 26, 2021 Brooklyn, NY Ronit Z. Moskovits, Esq. 5 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), DEMAND FOR BILL OF PARTICULARS & - against - COMBINED DEMANDS BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106 THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509 FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Article 30 of the CPLR, you are hereby required to file and serve upon the undersigned the following Verified Bill of Particulars of Plaintiff's alleged cause of action herein within thirty (30) days from the date of service hereof. 1. The name and address of the Plaintiff(s). 2. The age and date of birth of the Plaintiff(s). 3. The social security numbers of Plaintiff(s). 4. The date and time of the occurrence. 5. State the location of the accident/occurrence in sufficient detail to permit identification of the accident, providing in detail the direction in which each car was proceeding at the time of the accident. 6. Separate statements setting forth all of the acts or omissions constituting the negligence of each Defendant(s). 7. State what part(s) of each vehicle came in contact with each other, including contacts with each pedestrian, fixed object(s) or parked vehicle(s). 8. State the statutes, rules, laws and/or ordinances that alleged Defendant(s) has/have violated. If property damage is being claimed, please set forth the applicable laws and circumstances in full detail. 9. State the make, model and the year of manufacture of Plaintiff(s)' vehicle, the reasonable market value of same immediately prior to and immediately after the alleged accident. 10. If personal injuries are being claimed, please set forth in full detail. Include the nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff(s) and if any are claimed to be permanent. 11. If Plaintiff(s) admitted to any hospital or emergency room resulting from the accident/occurrence, state names and addresses of the facilities, treating physicians & date of admission and discharge each facility. 12. If applicable, the length of time, giving specific dates, that Plaintiff(s) was/were confined to bed and to home as a result of the alleged injuries. 6 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 13. The length of time during which Plaintiff was incapacitated from employment and/or household duties as a result of the alleged injuries, giving specific dates. Set forth the amount of earnings or wages claimed to have been lost and the rate of wages or basis of remuneration received by the Plaintiff(s). 14. If applicable, provide the amounts claimed for special damages for: a. Physicians' services, b. Medical supplies, c. Nurses' services, d. Hospital expenses, e. X-ray expenses, f. Chiropractors, g. Physiotherapists h. Drugs and medications, i. Loss of earnings, and j. Any other items of special damages claimed. 15. The names and last known addresses of any witness to the occurrence herein, pursuant to Zayas V. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279. 16. The name and last known address of any person who has information concerning the condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence herein, as it was on the date of accident or at the time it was last in the custody and control of the Plaintiff(s). 17. State Plaintiff's occupation; name & address of Plaintiff(s)' employer at the time of the accident. If Plaintiff(s) is/are self-employed, please state nature of business, business name and address, and Federal I.D. number. 18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and address of the school attended at time of accident and designated class or grade, and the length of time Plaintiff was unable to attend classes. 19. Set forth any and all collateral sources under C.P.L.R. 4545(c), specifying date paid, amount of collateral source payment, by whom paid, specifying name, address, file or claim number and all particulars identifying the payer. 20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law. 21. If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state the nature and extent of such. Provide the name and address of each hospital, clinic, institution, physician, and other health care provider that treated or examined Plaintiff(s) for such pre-existing injury. 22. If loss of service is claimed, state or describe the nature of such service, the length of time each Plaintiff was deprived of such service, and the value of such service. If wrongful death and/or conscious pain and suffering is claimed, as defined by law, please set forth in reasonable detail. 7 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 23. If applicable, set forth the place and date of the marriage of the decedent, if married, and to whom at the time of death. If the Plaintiff was not married to decedent, set forth the relationship at the time of death. 24. If applicable, set forth with specificity, the name(s) and address(es) of the decedent's next of kin, heirs at law and distributes. 25. If applicable, state the manner in which the damages allegedly sustained by decedent’s next of kin and heirs at law and distributes were computed. Dated: August 26, 2021 Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 8 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), NOTICE FOR DISCOVERY & INSPECTION - against - Our File No.: 1031106 BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509 THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, Defendant(s) demands that Plaintiff(s) produce and permit discovery by him, his attorneys, or another acting on his behalf of the following articles, documents, and things for inspection, copying, testing, and photographing within thirty (30) days after receipt hereof, at BAKER, MCEVOY & MOSKOVITS, PC, ONE METROTECH CENTER, 8th FLOOR, BROOKLYN, NY 11201, at which time said articles, documents and things will be physically inspected, copied tested, photographed, and mechanically reproduced. In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items, if received by the undersigned at least five (5) days prior to the return date hereof, together with a letter from the Plaintiff(s)' attorneys advising as to the completeness of the items provided. 1. If applicable, provide a copy of Letters Testamentary or Limited Letters of Administration. 2. Itemized statements of the alleged damages to Plaintiff's vehicle, together with the cost of repairs of each item, the garage or shop that performed the repairs, along with the shop license numbers. 3. If claim is made for loss of earnings, please provide W-2 forms or certified copies of tax returns for one year prior to occurrence and the for the year at time of occurrence. 4. True copy of any statement of Defendant(s) and Plaintiff(s) herein, pursuant to CPLR 3101(e). 5. Photographs of any vehicle involved in the accident, the accident scene or of any of the parties herein following the accident. 6. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s) which was involved in this occurrence for a period of one year prior to the accident date herein. 9 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 7. True copy of any accident report concerning this occurrence in the custody and control of Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g). 8. True copy of any MV 104 and police report filed by the operators of any motor vehicles involved in this accident. 9. Authorization to obtain no fault file, and/or worker’s compensation file. All authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal Mandated Final Privacy Rule. 10. Authorization to obtain employment record(s) and workers compensation record(s). All Authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal Mandated Final Privacy Rule. 11. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident, which is the subject of this action. 12. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical reports, pathology reports, toxicology reports, autopsy reports and bills of any medical condition(s) claimed to have been activated, precipitated or aggravated by the accident which is the subject of this action. Authorizations must be HIPAA compliant pursuant to Section 164.508 of the Federal Mandated Final Privacy Rule. 13. Copy of primary and/or excess insurance policy limits of Co-Defendant(s). 14. Produce authorization(s) to obtain any and all prior medical treatment records, reports and diagnostic films, pertaining to any medical treatment for a prior injury to the same body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue. 15. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like pleading) and any and all Medical Record(s) and Report(s) exchanged in all prior personal injury lawsuits brought by Plaintiff(s). PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, a Motion to Compel or Strike Plaintiff's pleading will be made pursuant to CPLR 3120 and 3124. PLEASE TAKE FURTHER NOTICE that the request for items specified in this document is a continuing demand and should any of the information requested become available or known in the future, you are required to furnish same at such time. Dated: August 26, 2021 Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 10 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), NOTICE PURSUANT TO CPLR 2103(e) - against - Our File No.: 1031106 BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509 THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demand hereby is made upon you to supply the undersigned, in writing, with a list of those parties who have appeared in the action and the names and addresses of their attorneys. Dated: August 26, 2021 Brooklyn, NY Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 11 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 514355/2021 -----------------------------------------------------------------X JAEL TUSA QUINGA, COMBINED DEMANDS FOR: 1. NAMES & ADDRESSES OF Plaintiff(s), ALL WITNESSES 2. EXPERT DISCLOSURE - against - 3. PRODUCTION OF ALL STATEMENTS TAKEN OF BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF ANSWERING DEFENDANT(S) THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND Our File No.: 1031106 PAUDY A. NUNEZ-ARIAS, Case ID No.: 117509 Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that Defendant(s) demand(s) that you set forth in writing, under oath, and serve upon us within Thirty (30) days of this date, the names and addresses of each person known or claimed by you to be witness to the occurrence and as to notice of the condition, if any, alleged in the complaint in this action. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d) (1), you are hereby required to set forth the following: 1. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 2. In reasonable detail, the subject matter on which each expert is expected to testify; 3. The substance of the facts and opinions on which each expert is expected to testify; 4. The qualifications of each expert, and; 5. A summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE that the answering Defendant(s) demand(s) that each and every party to this action produce legible copies of any and all statements, written or electronically recorded, taken of the answering Defendant(s) by any other party to this action within Thirty (30) days of this date. The above are on-going demands. Dated: August 26, 2021 Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 12 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), NOTICE OF DECLINING SERVICE BY - against - FASCIMILE TRANSMITTAL BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106 THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509 FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 5, the office of BAKER, MCEVOY & MOSKOVITS, P.C. will not accept service of papers, notices, motions, etc. by facsimile transmittal or similar means. Dated: August 26, 2021 Brooklyn, NY Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 13 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), NOTICE FOR INSURANCE INFORMATION - against - Our File No.: 1031106 BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Case ID No.: 117509 THE ESTATE OF LEONEL G TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to C.P.L.R. 3101(f), demand is hereby made upon you for your policy limits including all excess insurance. Failure to disclose same will necessitate the undersigned to procure a Court order and sanctions. Dated: August 26, 2021 Brooklyn, NY Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 14 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), DEMAND FOR AUTHORIZATIONS FOR - against - MEDICAL INFORMATION BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106 THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509 FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 3101(a) and 3121, Defendant(s) hereby demand that Plaintiff(s) serve upon and deliver to Defendant(s), responses to the following demands, within Twenty (20) days as required per CPLR 3122(a)(1): 1. The name of all medical treatment providers, and the name and address of all medical treatment facilities, from whom and where plaintiff received treatment for any alleged injuries. 2. Duly executed HIPAA compliant written authorizations for each medical provider and facility, permitting Defendant(s) attorneys to obtain full and complete copies of all reports, records, operative admission and nursing/anesthesia notes, photos, diagnostic images, and pathology reports, from any treatment provider(s). All such authorizations must be HIPAA compliant, and must specify the name of this firm as defendants’ attorneys, to obtain the copies of the authorized information. 3. All authorizations for facilities at which surgery was performed are demanded to overtly state and specify that the “ENTIRE OPERATIVE ADMISSION RECORDS, INCLUDING ALL NURSING, ANESTHESIA, AND PATHOLOGY RECORDS” be authorized to be furnished to said attorneys. 4. Authorizations for Emergency Medical Service (Ambulance) records and reports maintained by the NYFD (New York Fire Dept.), MUST be furnished in the form required by that agency. 5. The name and business address of Plaintiff’s primary care physicians for five years prior to the date of accident, and all times following the accident. 6. Duly executed written authorizations, permitting defendants’ attorneys to obtain copies of all medical records of the plaintiff’s primary care physicians for any and all consults, diagnoses, or treatment of any complaints relative to the plaintiff’s physical condition, for a period of five years prior to the accident, and for all times following the accident. 7. The name, address, and policy number(s) of each plaintiff’s primary medical insurance policy administrator(s) for the five years prior to the date of accident, and all times following the accident. 15 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 8. Duly executed written authorization(s), permitting defendants’ attorneys to obtain copies of all medical records of each plaintiff’s primary medical insurance administrator(s) for all medical, billing and payment for consultation or treatment of plaintiff, during the three years immediately preceding the date of accident, and all times following the accident. 9. Copies of the medical reports of those physicians who have previously treated or examined the party seeking recovery and who will testify on his behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and technicians' reports which will be offered at the trial. 10. Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of all hospital records and such other records, including x-rays, MRI films, surgical reports, toxicology reports, pathology reports, reports of all treating physicians and technicians' reports, as may be referred to and identified in the statement of the examined party's physician. All authorizations must be HIPAA compliant pursuant to Sec. 164.508 of the federally mandated and Final Privacy Rule. PLEASE TAKE FURTHER NOTICE that all demands are ongoing and that all responses, including specific objections, are due within Twenty (20) days of the date of service, pursuant to CPLR 3122. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 3101(h), amendments and supplements are owed upon a party’s obtaining information that the response made was incorrect or incomplete, no longer is correct and complete, and circumstances are such that a failure to amend or supplement the initial response would be materially misleading. Any failure to timely amend or supplement responses may result in motion practice. Dated: August 26, 2021. Brooklyn, NY Baker, McEvoy & Moskovits, PC s/Ronit Z. Moskovits Ronit Z. Moskovits, Esq. Attorney(s) for the Defendant FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS One Metrotech Center, 8h Fl Brooklyn, NY11201 Tel: (212) 857-8230 16 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X JAEL TUSA QUINGA, INDEX NO.: 514355/2021 Plaintiff(s), NOTICE FOR PHISICAL EXAMIANTION, - against - RECORDS AND REPORTS BRITNEYTUSA QUINGA, AS ADMINISTRATOR OF Our File No.: 1031106 THE ESTATE OF LEONEL G TUSA MASAQUIZA, Case ID No.: 117509 FTL 1001, LLC, RIGO LIMO-AUTO CORP., AND PAUDY A. NUNEZ-ARIAS, Defendant(s). -----------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to and CPLR 3121 and NYCRR 202.17, Defendants hereby demand that Plaintiff(s) submit to physical examination(s) to be conducted by physician(s) designated by the Defendant(s), at time(s) and place(s) to be specified by Defendants. The physical examination(s) will be designated at a place within reasonable distance of the Courthouse. PLEASE TAKE FURTHER NOTICE that Defendant(s) hereby demand that Plaintiff serve copies of the medical reports and records of all those physicians and/or hospitals that have previously treated or examined the Plaintiff(s) for any injuries alleged. Failure to exchange copies of any treating physicians reports/records within the time set forth under the rule, will prevent the exam from going forward, and Plaintiff(s) will be responsible for any costs incurred due to a cancellation on such grounds. PLEASE TAKE FURTHER NOTICE that Defendant(s) hereby demand that Plaintiff(s) notify defense counsel in writing, at least 10 days prior to the examination, if Plaintiff(s) will require the use of an interpreter to translate into a language other than English, in order for the examining physician to communicate with the Plaintiff(s) during the exam. PLEASE TAKE FURTHER NOTICE that no recording of any part of the examination - in any media format – may be made during the exam unless prior application to the Court has resulted in a written decision/order of the Court authorizing such action. Additionally, in the event any such recording is improperly or secretly made in contravention of this demand and the case law, and with or without the knowledge of counsel, such recording must be disclosed and exchanged pursuant to CPLR and 3101(i) and 3101(a)(3). 17 of 19 FILED: KINGS COUNTY CLERK 08/26/2021 11:10 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/26/2021 PLEASE TAKE FURTHER NOTICE that any objection to the physician(s) designated to conduct a physical examination, or