Preview
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAEL TUSA QUINGA,
Plaintiff(s)
- against -
RESPONSE TO DEMAND FOR
DISCOVERY AND
BRITNEY TUSA QUINGA, as Administrator
INSPECTION
of the Estate of LEONEL G. TUSA
MASAQUIZA, FTL 1001, LLC, RIGO LIMO-
AUTO CORP., and PAUDY A. NUNEZ-
Index #: 514355/2021
ARIAS,
Defendant(s)
COUNSELOR(S):
PLEASE TAKE NOTICE that defendant, Britney Tusa Quinga as Administrator
of the Estate of Leonel Tusa-Masaquiza, by his attorneys, James G. Bilello & Associates,
in RESPONSE TO DEMAND FOR DISCOVERY AND INSPECTION, set forth the
following upon information and belief:
Insurance:
GOVERNMENT EMPLOYEES INSURANCE COMPANY
BODILY INJURY: 25,000/50,000
Declarations Page:
Attached herein
Non-party witness: The defendant reserves the right to produce eyewitnesses should they
later be discovered. At this time, defendant(s) is/are:
Not aware of any non-party witnesses.
Statement of adverse parties:
None at this time
1 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
Photographs:
Attached herein
Surveillance/videos:
None at this time.
Expert Witnesses:
We have not yet identified or selected an individual who will be used as an
expert witness.
Repair records:
Attached herein
Accident reports prepared in the ordinary course of business:
This is an improper demand. Defendant is not in possession of any
accident report prepared in the ordinary course of business other than the
Police Report, which is public record. Regarding any other reports,
defendant objects pursuant to C.P.L.R.3101 to this demand, as it seeks
disclosure of privileged material and/or materials, prepared in anticipation
of litigation.
Name and Address of Passengers:
Plaintiff counsel is in possession of such
information.
Cell phone/Automobile phone records:
None, relevancy to be determined at depositions.
A copy of defendant’s MV104:
Defendant’s MV104 is a matter of public record.
2 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
Prior Repair, Maintenance and Inspection Records:
To be provide under separate cover, if applicable.
Subsequent Repair Records:
Attached hereto
Defendant Residence Addresses:
See Police Report
Names of Spouse and Other Household Members:
To be provided under separate cover
Registration and Leasing Records.
Title: Matter of public records
Leasing Agreement: To be provided under separate cover, if applicable
We reserve the right to supplement this response.
Please refer to our file number when corresponding with this office.
DATED: Hicksville, New York
May 6, 2022
Yours, etc.
Steven Hellreich
____________________________________
Steven Hellreich, Esq.
James G. Bilello & Associates
Attorneys for Defendant
Britney Tusa Quinga as Administrator of the
Estate of Leonel Tusa-Masaquiza
100 Duffy Avenue, Suite 500
Hicksville, New York 11801
516-229-4321
516-861-1801
Shellreich@geico.com
Our File No: 21-0074506
Claim No: 0495996230101066 (J093)
3 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
TO:
Eugene M. Bellin
Attorneys for Plaintiff
Jael Tusa Quinga
485 Madison Ave, FL 16
New York, New York 10022-5865
212-267-9100
Baker, McEvoy & Moskovitz, P. C.
Attorneys for Defendant(s)
FTL 1001, LLC, Rigo Limo-Auto Corp.,
and Paudy A. Nunez-Arias,
1 Metrotech Center
Brooklyn, New York 11201
212-857-8223
4 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAEL TUSA QUINGA,
Plaintiff(s)
- against -
DEMAND FOR MEDICAL REPORTS
BRITNEY TUSA QUINGA, as Administrator
of the Estate of LEONEL G. TUSA
MASAQUIZA, FTL 1001, LLC, RIGO LIMO- Index #: 514355/2021
AUTO CORP., and PAUDY A. NUNEZ-
ARIAS,
Defendant(s)
PLEASE TAKE NOTICE that pursuant to UNIFORM Trial Court Rule 202.17,
plaintiff is required to provide at least Twenty (20) days prior to defendant(s) doctors’
physical examinations of the plaintiff(s), copies of the medical reports of those medical
providers who have previously treated or examined the plaintiff. These 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 x-ray and technicians’ reports which
will be offered at trial, including a description of the injuries alleged and a diagnosis, and
prognosis. Medical reports may consist of completed medical provider, workers’
compensation, or insurance forms that provide the information required by this
paragraph.
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this
demand, objection shall be made upon trial of this action as to the offering into evidence
and/or eliciting testimony as to any of the items requested herein which have not been
disclosed.
DATED: Hicksville, New York
May 6, 2022
Yours, etc.
Steven Hellreich
____________________________________
Steven Hellreich, Esq.
James G. Bilello & Associates
Attorneys for Defendant
Britney Tusa Quinga as Administrator of the
Estate of Leonel Tusa-Masaquiza
100 Duffy Avenue, Suite 500
5 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
Hicksville, New York 11801
516-229-4321
516-861-1801
Shellreich@geico.com
Our File No: 21-0074506
Claim No: 0495996230101066 (J093)
TO:
Eugene M. Bellin
Attorneys for Plaintiff
Jael Tusa Quinga
485 Madison Ave, FL 16
New York, New York 10022-5865
212-267-9100
Baker, McEvoy & Moskovitz, P. C.
Attorneys for Defendant(s)
FTL 1001, LLC, Rigo Limo-Auto Corp.,
and Paudy A. Nunez-Arias,
1 Metrotech Center
Brooklyn, New York 11201
212-857-8223
6 of 7
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022
Index No.: 514355/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAEL TUSA QUINGA,
Plaintiff(s)
- against -
BRITNEY TUSA QUINGA, as Administrator Response to Demands for Discovery
of the Estate of LEONEL G. TUSA and Inspection
MASAQUIZA, FTL 1001, LLC, RIGO LIMO-
AUTO CORP., and PAUDY A. NUNEZ-
ARIAS,
Defendant(s)
James G. Bilello & Associates
Attorneys for the Defendant
Britney Tusa Quinga as Administrator of the Estate of Leonel Tusa-Masaquiza
100 Duffy Avenue, Suite 500
Hicksville, New York 11801
516-861-1800
------------------------------------------------------------------------------------------------------------
TO:
Eugene M. Bellin Baker, McEvoy & Moskovitz, P. C.
Attorneys for Plaintiff Attorneys for Defendant(s)
Jael Tusa Quinga FTL 1001, LLC, Rigo Limo-Auto Corp.,
485 Madison Ave, FL 16 and Paudy A. Nunez-Arias,
New York, New York 1 Metrotech Center
10022-5865 Brooklyn, New York 11201
212-267-9100 212-857-8223
------------------------------------------------------------------------------------------------------------
Due and timely service of a copy of the within Response to Demand for Discovery and
Inspection is hereby admitted.
Dated May 6, 2022
7 of 7
Preview
FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAEL TUSA QUINGA, Plaintiff(s) - against - RESPONSE TO DEMAND FOR DISCOVERY AND BRITNEY TUSA QUINGA, as Administrator INSPECTION of the Estate of LEONEL G. TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO- AUTO CORP., and PAUDY A. NUNEZ- Index #: 514355/2021 ARIAS, Defendant(s) COUNSELOR(S): PLEASE TAKE NOTICE that defendant, Britney Tusa Quinga as Administrator of the Estate of Leonel Tusa-Masaquiza, by his attorneys, James G. Bilello & Associates, in RESPONSE TO DEMAND FOR DISCOVERY AND INSPECTION, set forth the following upon information and belief: Insurance: GOVERNMENT EMPLOYEES INSURANCE COMPANY BODILY INJURY: 25,000/50,000 Declarations Page: Attached herein Non-party witness: The defendant reserves the right to produce eyewitnesses should they later be discovered. At this time, defendant(s) is/are: Not aware of any non-party witnesses. Statement of adverse parties: None at this time 1 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 Photographs: Attached herein Surveillance/videos: None at this time. Expert Witnesses: We have not yet identified or selected an individual who will be used as an expert witness. Repair records: Attached herein Accident reports prepared in the ordinary course of business: This is an improper demand. Defendant is not in possession of any accident report prepared in the ordinary course of business other than the Police Report, which is public record. Regarding any other reports, defendant objects pursuant to C.P.L.R.3101 to this demand, as it seeks disclosure of privileged material and/or materials, prepared in anticipation of litigation. Name and Address of Passengers: Plaintiff counsel is in possession of such information. Cell phone/Automobile phone records: None, relevancy to be determined at depositions. A copy of defendant’s MV104: Defendant’s MV104 is a matter of public record. 2 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 Prior Repair, Maintenance and Inspection Records: To be provide under separate cover, if applicable. Subsequent Repair Records: Attached hereto Defendant Residence Addresses: See Police Report Names of Spouse and Other Household Members: To be provided under separate cover Registration and Leasing Records. Title: Matter of public records Leasing Agreement: To be provided under separate cover, if applicable We reserve the right to supplement this response. Please refer to our file number when corresponding with this office. DATED: Hicksville, New York May 6, 2022 Yours, etc. Steven Hellreich ____________________________________ Steven Hellreich, Esq. James G. Bilello & Associates Attorneys for Defendant Britney Tusa Quinga as Administrator of the Estate of Leonel Tusa-Masaquiza 100 Duffy Avenue, Suite 500 Hicksville, New York 11801 516-229-4321 516-861-1801 Shellreich@geico.com Our File No: 21-0074506 Claim No: 0495996230101066 (J093) 3 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 TO: Eugene M. Bellin Attorneys for Plaintiff Jael Tusa Quinga 485 Madison Ave, FL 16 New York, New York 10022-5865 212-267-9100 Baker, McEvoy & Moskovitz, P. C. Attorneys for Defendant(s) FTL 1001, LLC, Rigo Limo-Auto Corp., and Paudy A. Nunez-Arias, 1 Metrotech Center Brooklyn, New York 11201 212-857-8223 4 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAEL TUSA QUINGA, Plaintiff(s) - against - DEMAND FOR MEDICAL REPORTS BRITNEY TUSA QUINGA, as Administrator of the Estate of LEONEL G. TUSA MASAQUIZA, FTL 1001, LLC, RIGO LIMO- Index #: 514355/2021 AUTO CORP., and PAUDY A. NUNEZ- ARIAS, Defendant(s) PLEASE TAKE NOTICE that pursuant to UNIFORM Trial Court Rule 202.17, plaintiff is required to provide at least Twenty (20) days prior to defendant(s) doctors’ physical examinations of the plaintiff(s), copies of the medical reports of those medical providers who have previously treated or examined the plaintiff. These 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 x-ray and technicians’ reports which will be offered at trial, including a description of the injuries alleged and a diagnosis, and prognosis. Medical reports may consist of completed medical provider, workers’ compensation, or insurance forms that provide the information required by this paragraph. PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, objection shall be made upon trial of this action as to the offering into evidence and/or eliciting testimony as to any of the items requested herein which have not been disclosed. DATED: Hicksville, New York May 6, 2022 Yours, etc. Steven Hellreich ____________________________________ Steven Hellreich, Esq. James G. Bilello & Associates Attorneys for Defendant Britney Tusa Quinga as Administrator of the Estate of Leonel Tusa-Masaquiza 100 Duffy Avenue, Suite 500 5 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 Hicksville, New York 11801 516-229-4321 516-861-1801 Shellreich@geico.com Our File No: 21-0074506 Claim No: 0495996230101066 (J093) TO: Eugene M. Bellin Attorneys for Plaintiff Jael Tusa Quinga 485 Madison Ave, FL 16 New York, New York 10022-5865 212-267-9100 Baker, McEvoy & Moskovitz, P. C. Attorneys for Defendant(s) FTL 1001, LLC, Rigo Limo-Auto Corp., and Paudy A. Nunez-Arias, 1 Metrotech Center Brooklyn, New York 11201 212-857-8223 6 of 7 FILED: KINGS COUNTY CLERK 05/06/2022 03:19 PM INDEX NO. 514355/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/06/2022 Index No.: 514355/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAEL TUSA QUINGA, Plaintiff(s) - against - BRITNEY TUSA QUINGA, as Administrator Response to Demands for Discovery of the Estate of LEONEL G. TUSA and Inspection MASAQUIZA, FTL 1001, LLC, RIGO LIMO- AUTO CORP., and PAUDY A. NUNEZ- ARIAS, Defendant(s) James G. Bilello & Associates Attorneys for the Defendant Britney Tusa Quinga as Administrator of the Estate of Leonel Tusa-Masaquiza 100 Duffy Avenue, Suite 500 Hicksville, New York 11801 516-861-1800 ------------------------------------------------------------------------------------------------------------ TO: Eugene M. Bellin Baker, McEvoy & Moskovitz, P. C. Attorneys for Plaintiff Attorneys for Defendant(s) Jael Tusa Quinga FTL 1001, LLC, Rigo Limo-Auto Corp., 485 Madison Ave, FL 16 and Paudy A. Nunez-Arias, New York, New York 1 Metrotech Center 10022-5865 Brooklyn, New York 11201 212-267-9100 212-857-8223 ------------------------------------------------------------------------------------------------------------ Due and timely service of a copy of the within Response to Demand for Discovery and Inspection is hereby admitted. Dated May 6, 2022 7 of 7