Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022
From: Ron Betancourt
To: Joseph Napoli
Cc: Daphne Boigris; Ivan Rodriguez; gwolfson@mahoneykeane.com; "Edward Keane [Mahoney and Keane]"; AJ
Evans
Subject: RE: Nowak v. Wittich Marine et al.
Date: Wednesday, August 17, 2022 2:08:00 PM
Dear Joe,
Thank you for the call today and for your confirmation that plaintiff will attend the
IME as noticed. Enjoy your trip to Florida.
Best regards,
Ron Betancourt
Betancourt, Van Hemmen, Greco & Kenyon LLC
Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.)
From: Ron Betancourt
Sent: Wednesday, August 17, 2022 10:54 AM
To: Joseph Napoli
Cc: Daphne Boigris ; Ivan Rodriguez ;
gwolfson@mahoneykeane.com; 'Edward Keane [Mahoney and Keane]'
; AJ Evans
Subject: RE: Nowak v. Wittich Marine et al.
Dear Joe,
Your messages are very ambiguous. Here is the notice again with the date, time and
place of the IME. Please -- we need your confirmation that plaintiff will attend his
IME as noticed so as to avoid potential cancellation fees. Please confirm by
responding: “We confirm that plaintiff will attend his IME as noticed.” Thank you
and have a great day.
Best regards,
Ron Betancourt
Betancourt, Van Hemmen, Greco & Kenyon LLC
Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.)
From: Joseph Napoli
Sent: Tuesday, August 16, 2022 9:14 PM
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022
To: Ron Betancourt
Cc: Daphne Boigris ; Ivan Rodriguez ;
gwolfson@mahoneykeane.com
Subject: Re: Nowak v. Wittich Marine et al.
Date time exact place
Sent from my iPhone
On Aug 16, 2022, at 5:55 PM, Ron Betancourt wrote:
Ok it’s confirmed? Or ok, you’ll check to confirm?
Best regards,
Ron Betancourt
Betancourt, Van Hemmen, Greco & Kenyon LLC
Sent from my iPhone
On Aug 16, 2022, at 5:28 PM, Joseph Napoli
wrote:
Ok
Send info
Sent from my iPhone
On Aug 16, 2022, at 5:20 PM, Ron Betancourt
wrote:
Dear Joe,
Would you please confirm your client’s
availability for the scheduled November 15, 2022
IME so we may confirm the date with the doctor.
Thank you.
Best regards,
Ron Betancourt
Betancourt, Van Hemmen, Greco & Kenyon LLC
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022
Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.)
From: Ron Betancourt
Sent: Thursday, August 11, 2022 3:57 PM
To: Jnapoli@napolilaw.com; dboigris@napolilaw.com; Ivan
Rodriguez
Cc: gwolfson@mahoneykeane.com
Subject: Nowak v. Wittich Marine et al.
Please see attached.
Best regards,
Ron Betancourt
Betancourt, Van Hemmen, Greco & Kenyon LLC
Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.)
Joseph Napoli
Partner
(212) 397-1000 Ext. 1026 | JNapoli@NapoliLaw.com
360 Lexington Avenue, Eleventh Floor, New York, NY 10017 | vCard
Our Mission Statement
Notice: This communication, including attachments, may contain information that is confidential and protected by
the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the
designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an
employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you
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mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The
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and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any
attorney/client or other privilege.
This e-mail and all other electronic (including voice) communications from the sender's firm are for informational
purposes only. No such communication is intended by the sender to constitute either an electronic record or an
electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means.
Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated.
Joseph Napoli
Partner
(212) 397-1000 Ext. 1026 | JNapoli@NapoliLaw.com
360 Lexington Avenue, Eleventh Floor, New York, NY 10017 | vCard
Our Mission Statement
Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It
constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the
intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you
have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022
without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail including attachments, is
prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.
This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication
is intended by the sender to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a
transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated.
Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022 EXHIBIT D FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022 From: Ron Betancourt To: Joseph Napoli Cc: Daphne Boigris; Ivan Rodriguez; gwolfson@mahoneykeane.com; "Edward Keane [Mahoney and Keane]"; AJ Evans Subject: RE: Nowak v. Wittich Marine et al. Date: Wednesday, August 17, 2022 2:08:00 PM Dear Joe, Thank you for the call today and for your confirmation that plaintiff will attend the IME as noticed. Enjoy your trip to Florida. Best regards, Ron Betancourt Betancourt, Van Hemmen, Greco & Kenyon LLC Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.) From: Ron Betancourt Sent: Wednesday, August 17, 2022 10:54 AM To: Joseph Napoli Cc: Daphne Boigris ; Ivan Rodriguez ; gwolfson@mahoneykeane.com; 'Edward Keane [Mahoney and Keane]' ; AJ Evans Subject: RE: Nowak v. Wittich Marine et al. Dear Joe, Your messages are very ambiguous. Here is the notice again with the date, time and place of the IME. Please -- we need your confirmation that plaintiff will attend his IME as noticed so as to avoid potential cancellation fees. Please confirm by responding: “We confirm that plaintiff will attend his IME as noticed.” Thank you and have a great day. Best regards, Ron Betancourt Betancourt, Van Hemmen, Greco & Kenyon LLC Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.) From: Joseph Napoli Sent: Tuesday, August 16, 2022 9:14 PM FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022 To: Ron Betancourt Cc: Daphne Boigris ; Ivan Rodriguez ; gwolfson@mahoneykeane.com Subject: Re: Nowak v. Wittich Marine et al. Date time exact place Sent from my iPhone On Aug 16, 2022, at 5:55 PM, Ron Betancourt wrote: Ok it’s confirmed? Or ok, you’ll check to confirm? Best regards, Ron Betancourt Betancourt, Van Hemmen, Greco & Kenyon LLC Sent from my iPhone On Aug 16, 2022, at 5:28 PM, Joseph Napoli wrote: Ok Send info Sent from my iPhone On Aug 16, 2022, at 5:20 PM, Ron Betancourt wrote: Dear Joe, Would you please confirm your client’s availability for the scheduled November 15, 2022 IME so we may confirm the date with the doctor. Thank you. Best regards, Ron Betancourt Betancourt, Van Hemmen, Greco & Kenyon LLC FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022 Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.) From: Ron Betancourt Sent: Thursday, August 11, 2022 3:57 PM To: Jnapoli@napolilaw.com; dboigris@napolilaw.com; Ivan Rodriguez Cc: gwolfson@mahoneykeane.com Subject: Nowak v. Wittich Marine et al. Please see attached. Best regards, Ron Betancourt Betancourt, Van Hemmen, Greco & Kenyon LLC Phone: 732-530-4646 (N.J.) | 914-997-1100 (N.Y.) Joseph Napoli Partner (212) 397-1000 Ext. 1026 | JNapoli@NapoliLaw.com 360 Lexington Avenue, Eleventh Floor, New York, NY 10017 | vCard Our Mission Statement Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e- mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication is intended by the sender to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated. Joseph Napoli Partner (212) 397-1000 Ext. 1026 | JNapoli@NapoliLaw.com 360 Lexington Avenue, Eleventh Floor, New York, NY 10017 | vCard Our Mission Statement Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments FILED: NEW YORK COUNTY CLERK 10/28/2022 05:05 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 10/28/2022 without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. This e-mail and all other electronic (including voice) communications from the sender's firm are for informational purposes only. No such communication is intended by the sender to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise specifically indicated.