Preview
FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021
BU-20-01-13-07-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------X
VIVETTE ALLEN,
Index No.: 508521/21
DEMANDS DATED
DECEMBER 21,
2021
Plaintiff,
-against-
RENA HINES, STEVNE GILBERT, METROPOLITAN
TRANSPORTATION AUTHORITY and NEW YORK
CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK
CITY TRANSIT (NYCTA),
Defendants,
--------------------------------------------------------------------------X
PLEASE TAKE NOTICE, pursuant to CPLR §§ 3101 and 3102, defendants NEW
YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY, RENA HINES and STEVEN GILBERT demand that plaintiff, VIVETT
ALLEN, provide the following within thirty (30) days, unless otherwise stated:
1. Pursuant to NYCCRR § 202.17(b)(1), plaintiff VIVETT ALLEN to
provide reports from providers of medical, diagnostic, treatment and
surgical services, said reports to “include a recital of the injuries and
conditions as to which testimony will be offered at the trial”.
2. Plaintiff VIVETT ALLEN to appear for defendants’ Independent
Medical Examination(s) prior to any surgeries (PLEASE TAKE NOTICE:
If plaintiff undergoes any surgeries prior to examination by defendants’
physicians, defendants reserve their rights to all legal remedies, including but
not limited to an Order regarding the spoliation of evidence).
3. Plaintiff VIVETT ALLEN to notify defendants at least 30 days prior to
any planned surgeries (PLEASE TAKE NOTICE: If plaintiff undergoes any
surgeries prior to examination by defendants’ examining physicians,
defendants reserve their rights to all legal remedies, including but not limited
to an Order regarding the spoliation of evidence).
Demands dated December 21, 2021 1
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PLAINTIFF MAY REACH THE UNDERSIGNED ATTORNEY AT (917)
971-1952.
4. Plaintiff VIVETT ALLEN to appear, at doctors’ offices, for defendant’s
independent medical examinations.
5. Plaintiff VIVETT ALLEN to provide a HIPAA authorization(s), not to
expire until litigation ceases, for the ambulance call report (the
claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and
December 20, 2021, that she left the scene of the accident in an ambulance
and that she believed she received a bill from FDNY for the ambulance
service)
PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please
make out all authorizations to release records to the new, Executive
Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit
Authority Law Department.
6. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations,
not to expire until litigation ceases, for MRIs, CT scans, X-rays,
sonograms and ultra-sounds (records, films, diagnostics and images) (the
claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and
December 20, 2021, that she went to two different MRI facilities, but could
not recall the names. She testified that one is in Manhattan and the other in
Queens).
PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please
make out all authorizations to release records to the new, Executive
Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit
Authority Law Department.
7. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations,
not to expire until litigation ceases, for the physicians and facilities that
conduct her annual physicals for work (the claimant/plaintiff testified at the
Statutory Hearing on December 16, 2021 and December 20, 2021, that she
went to two different MRI facilities, but could not recall the names. She
testified that one is in Manhattan and the other in Queens).
PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please
make out all authorizations to release records to the new, Executive
Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit
Authority Law Department.
8. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations,
not to expire until litigation ceases, for Dr. Leist and whatever facilities he
Demands dated December 21, 2021 2
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is affiliated with (the claimant/plaintiff testified at the Statutory Hearing on
December 16, 2021 and December 20, 2021 to receiving diagnostic and/or
treatment from this provider).
PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please
make out all authorizations to release records to the new, Executive
Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit
Authority Law Department.
9. Plaintiff VIVETT ALLEN to provide proof of out-of-pocket expenses.
10. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until
litigation ceases, for occupational and physical therapy records.
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
11. Plaintiff VIVETT ALLEN to provide a HIPAA compliant authorization,
not to expire until litigation ceases, for Brookdale Hospital (the
claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and
December 20, 2021 to receiving diagnostic and/or treatment from this
provider).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
12. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until
litigation ceases, for employment and attendance records for the period of
two years prior to the date of accident to present, including for Home
Instead Senior Care (the claimant/plaintiff testified at the Statutory Hearing
on December 16, 2021 and December 20, 2021 to missing work as a result of
this accident).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
13. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until
litigation ceases, for Metroplus/Medicaid (the claimant/plaintiff testified at
the Statutory Hearing on December 16, 2021 and December 20, 2021 to this
provider as an insurer of her healthcare).
Demands dated December 21, 2021 3
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PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
14. Plaintiff VIVETT ALLEN to provide a HIPAA compliant authorization,
not to expire until litigation ceases, for the neurologist she saw on 142
Joralemen Street in Brooklyn (the claimant/plaintiff testified at the Statutory
Hearing on December 16, 2021 and December 20, 2021 to receiving
diagnostic and/or treatment from this provider).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
15. Plaintiff VIVETT ALLEN to provide a copy of the list of five (5) facilities
plaintiff’s neurologist provided to her to have a test done – one of which
plaintiff testified did not take Medicaid (see the claimant/plaintiff testified
at the Statutory Hearing on December 16, 2021 and December 20, 2021).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
16. Plaintiff VIVETT ALLEN to provide the full name and address of people
who drove her to appointments, including but not limited to Joan Walters
and Kevin Riley (see the claimant/plaintiff testified at the Statutory Hearing
on December 16, 2021 and December 20, 2021).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
17. Plaintiff VIVETT ALLEN to provide the full names and addresses of
providers who treated plaintiff’s alleged injury to her head (see the
claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and
December 20, 2021).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
Demands dated December 21, 2021 4
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021
18. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorization(s),
not to expire until litigation ceases, for the providers who treated
plaintiff’s alleged injury to her head (see the claimant/plaintiff testified at
the Statutory Hearing on December 16, 2021 and December 20, 2021).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
19. Plaintiff VIVETT ALLEN to respond to defendants’ “Discovery
Demands” dated June 8, 2021.
20. Plaintiff VIVETT ALLEN to respond to defendants’ Demand for a
Bill of Particulars dated June 8, 2021.
21. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorization(s),
not to expire until litigation ceases, for pharmacy records (see the
claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and
December 20, 2021, where plaintiff testified she filled a prescription at CVS).
PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make
out all authorizations to release records to the new, Executive Assistance
General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority
Law Department.
22. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical,
diagnostic, treatment and surgical records related to the July 14, 2020
workers compensation injury, said authorizations to include, but not be
limited to (1) DHD Medical PC, 265 Madison Avenue, Floor 4, New York,
New York 10016, (2) Stand-up MRI of Brooklyn, PC, and (3) Katzman
Orthopedics, PC. (Please Take Note: Plaintiff claims that she missed time
from work due to the accident on January 13, 2020. Also, plaintiff testified
the accident caused her to work “lighter duty.” The defendants have a good-
faith basis to explore evidence that there are alternative reasons for plaintiff
missing work, or working lighter duty).
23. Plaintiff VIVETT ALLEN to provide authorization(s) for the workers
compensation file related to the July 14, 2020 workers compensation
injury. (Please Take Note: Plaintiff claims that she missed time from work
due to the accident on January 13, 2020. Also, plaintiff testified the accident
caused her to work “lighter duty.” The defendants have a good-faith basis to
explore evidence that there are alternative reasons for plaintiff missing work,
or working lighter duty).
Demands dated December 21, 2021 5
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24. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical,
diagnostic, treatment and surgical records related to the accident that
occurred at food market/butcher shop on July 28, 2019, including but not
limited to authorizations for hospital records, ambulance calls reports,
physicians’ records, primary care physicians’ records, physical and
occupational therapy records, collateral sources records, No-fault
records, surgical records; and MRIs, X-rays, CT scans and ultra-sounds:
records, diagnostics, films and images. (The claimant/plaintiff testified
regarding this accident at the Statutory Hearing on December 16, 2021 and
December 20, 2021).
PLEASE TAKE NOTICE: All authorizations must be executed to release
records to the new Executive Assistant General Counsel, ANNA J.
ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th
Floor, Brooklyn, NY 11201.
25. Plaintiff VIVETT ALLEN to provide copies of the non-privileged parts of
the legal file related to the accident that occurred at food market/butcher
shop on July 28, 2019, including but not limited to copies of medical
records, pleadings, bills of particulars, collateral source records, hearing
testimony, deposition testimony, discovery demands and responses,
motion papers (including motions, opposition papers, and reply papers),
videos, photographs, accident and incident reports, and bills of
particulars. (The claimant/plaintiff testified regarding this accident at the
Statutory Hearing on December 16, 2021 and December 20, 2021).
26. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for
collateral source records related to the accident that occurred at food
market/butcher shop on July 28, 2019 (The claimant/plaintiff testified
regarding this accident at the Statutory Hearing on December 16, 2021 and
December 20, 2021).
PLEASE TAKE NOTICE: All authorizations must be executed to release
records to the new Executive Assistant General Counsel, ANNA J.
ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th
Floor, Brooklyn, NY 11201.
Demands dated December 21, 2021 6
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27. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical,
diagnostic, treatment and surgical records related to the motor vehicle
accident that occurred in 2008, in New Jersey, including but not limited
to authorizations for hospital records, ambulance calls reports,
physicians’ records, primary care physicians’ records, physical and
occupational therapy records, collateral sources records, No-fault
records, surgical records; and MRIs, X-rays, CT scans and ultra-sounds:
records, diagnostics, films and images. (The claimant/plaintiff testified
regarding this accident at the Statutory Hearing on December 16, 2021 and
December 20, 2021, and she testified that her current attorneys also
represented her with regard to the 2008 accident).
PLEASE TAKE NOTICE: All authorizations must be executed to release
records to the new Executive Assistant General Counsel, ANNA J.
ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th
Floor, Brooklyn, NY 11201.
28. Plaintiff VIVETT ALLEN to provide copies of the non-privileged parts of
the legal file related to the motor vehicle accident that occurred in 2008,
in New Jersey, including but not limited to copies of medical records,
pleadings, bills of particulars, collateral source records, hearing
testimony, deposition testimony, discovery demands and responses,
motion papers (including motions, opposition papers, and reply papers),
videos, photographs, accident and incident reports, and bills of
particulars. ((The claimant/plaintiff testified regarding this accident at the
Statutory Hearing on December 16, 2021 and December 20, 2021, and she
testified that her current attorneys also represented her with regard to the 2008
accident).
29. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for
collateral source records related to the motor vehicle accident that
occurred in 2008, in New Jersey, including but not limited to
authorizations for no-fault records, and authorization for Zurich
American Insurance Company (The claimant/plaintiff testified regarding
this accident at the Statutory Hearing on December 16, 2021 and December
20, 2021, and she testified that her current attorneys also represented her with
regard to the 2008 accident).
PLEASE TAKE NOTICE: All authorizations must be executed to release
records to the new Executive Assistant General Counsel, ANNA J.
ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th
Floor, Brooklyn, NY 11201.
Demands dated December 21, 2021 7
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FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply
with this Demand, the undersigned will, inter alia, move to preclude plaintiff from
offering any evidence at trial with respect to damages and liability.
Dated: Brooklyn, New York
December 21, 2021 Yours etc.,
ANNA J. ERVOLINA, ESQ.
Attorney for Defendants
New York City Transit Authority,
and Metropolitan Transportation
Authority
130 Livingston Street
Brooklyn, New York 11201
By:___________/s/______________
MICHAEL ZENTZ, ESQ
TO: ROTH & KHALIFE, LLP
Attorneys for Plaintiffs
VIVETT ALLEN
14 Wall Street, Suite 1603
New York, New York 10005
(212) 608-3015
Demands dated December 21, 2021 8
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FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021
RIDER:
ROTH & KHALIFE, LLP
Attorneys for Plaintiffs
VIVETT ALLEN
14 Wall Street, Suite 1603
New York, New York 10005
(212) 608-3015
Demands dated December 21, 2021 9
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021
BU-20-01-13-07-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------
VIVETT ALLEN,
Index No.: 508521/2021
Plaintiff,
-against-
RENA HINES, STEVNE GILBERT, METROPOLITAN
TRANSPORTATION AUTHORITY and NEW YORK
CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK
CITY TRANSIT (NYCTA),
Defendants,
----------------------------------------------------------------------------------------------------------------
DEMANDS DATED DECEMBER 21, 2021
----------------------------------------------------------------------------------------------------------------
ANNA J. ERVOLINA, ESQ.
ATTORNEY(s) FOR DEFENDANT(s)
NEW YORK CITY TRANSIT AUTHORITY
METROPOLITAN TRANSPORTATION AUTHORITY
OFFICE AND POST OFFICE ADDRESS
130 LIVINGSTON STREET
BROOKLYN, NEW YORK 11201
(718) 694-3251
Attorney Affirmation: MICHAEL ZENTZ, ESQ., hereby affirms under penalty of perjury the following:
That I am an attorney and counselor-at-law admitted to practice in the Courts of this State and that on
December 21, 2021, affirmant served the Demands dated December 21, 2021 hereby annexed on ROTH &
KHALIFE, LLP, attorneys forplaintiff,by electronicallyfiling said documents through the New York
State Courts Electronic Filing System (“NYSCEF”), pursuant to the regulations governing the NYSCEF
System, specifically 22 NYCRR §202.5-b, and the procedures of the NYSCEF System as reflected in the User’s
Manual approved by the Chief Administrator of the Courts and posted on the NYSCEF website, this being the
method within the State designated by said attorneys for the purpose of serving upon and receiving the
preceding papers in this action.
Dated: Brooklyn, New York
December 21, 2021
_________________/s/______________
MICHAEL ZENTZ, ESQ.
Attorney Certification
10 of 10
_____________/s/___________________
Preview
FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 BU-20-01-13-07-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X VIVETTE ALLEN, Index No.: 508521/21 DEMANDS DATED DECEMBER 21, 2021 Plaintiff, -against- RENA HINES, STEVNE GILBERT, METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendants, --------------------------------------------------------------------------X PLEASE TAKE NOTICE, pursuant to CPLR §§ 3101 and 3102, defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, RENA HINES and STEVEN GILBERT demand that plaintiff, VIVETT ALLEN, provide the following within thirty (30) days, unless otherwise stated: 1. Pursuant to NYCCRR § 202.17(b)(1), plaintiff VIVETT ALLEN to provide reports from providers of medical, diagnostic, treatment and surgical services, said reports to “include a recital of the injuries and conditions as to which testimony will be offered at the trial”. 2. Plaintiff VIVETT ALLEN to appear for defendants’ Independent Medical Examination(s) prior to any surgeries (PLEASE TAKE NOTICE: If plaintiff undergoes any surgeries prior to examination by defendants’ physicians, defendants reserve their rights to all legal remedies, including but not limited to an Order regarding the spoliation of evidence). 3. Plaintiff VIVETT ALLEN to notify defendants at least 30 days prior to any planned surgeries (PLEASE TAKE NOTICE: If plaintiff undergoes any surgeries prior to examination by defendants’ examining physicians, defendants reserve their rights to all legal remedies, including but not limited to an Order regarding the spoliation of evidence). Demands dated December 21, 2021 1 1 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 PLAINTIFF MAY REACH THE UNDERSIGNED ATTORNEY AT (917) 971-1952. 4. Plaintiff VIVETT ALLEN to appear, at doctors’ offices, for defendant’s independent medical examinations. 5. Plaintiff VIVETT ALLEN to provide a HIPAA authorization(s), not to expire until litigation ceases, for the ambulance call report (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021, that she left the scene of the accident in an ambulance and that she believed she received a bill from FDNY for the ambulance service) PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 6. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations, not to expire until litigation ceases, for MRIs, CT scans, X-rays, sonograms and ultra-sounds (records, films, diagnostics and images) (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021, that she went to two different MRI facilities, but could not recall the names. She testified that one is in Manhattan and the other in Queens). PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 7. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations, not to expire until litigation ceases, for the physicians and facilities that conduct her annual physicals for work (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021, that she went to two different MRI facilities, but could not recall the names. She testified that one is in Manhattan and the other in Queens). PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 8. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorizations, not to expire until litigation ceases, for Dr. Leist and whatever facilities he Demands dated December 21, 2021 2 2 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 is affiliated with (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021 to receiving diagnostic and/or treatment from this provider). PLEASE ALSO TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 9. Plaintiff VIVETT ALLEN to provide proof of out-of-pocket expenses. 10. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until litigation ceases, for occupational and physical therapy records. PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 11. Plaintiff VIVETT ALLEN to provide a HIPAA compliant authorization, not to expire until litigation ceases, for Brookdale Hospital (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021 to receiving diagnostic and/or treatment from this provider). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 12. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until litigation ceases, for employment and attendance records for the period of two years prior to the date of accident to present, including for Home Instead Senior Care (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021 to missing work as a result of this accident). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 13. Plaintiff VIVETT ALLEN to provide authorization(s), not to expire until litigation ceases, for Metroplus/Medicaid (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021 to this provider as an insurer of her healthcare). Demands dated December 21, 2021 3 3 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 14. Plaintiff VIVETT ALLEN to provide a HIPAA compliant authorization, not to expire until litigation ceases, for the neurologist she saw on 142 Joralemen Street in Brooklyn (the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021 to receiving diagnostic and/or treatment from this provider). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 15. Plaintiff VIVETT ALLEN to provide a copy of the list of five (5) facilities plaintiff’s neurologist provided to her to have a test done – one of which plaintiff testified did not take Medicaid (see the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 16. Plaintiff VIVETT ALLEN to provide the full name and address of people who drove her to appointments, including but not limited to Joan Walters and Kevin Riley (see the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 17. Plaintiff VIVETT ALLEN to provide the full names and addresses of providers who treated plaintiff’s alleged injury to her head (see the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. Demands dated December 21, 2021 4 4 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 18. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorization(s), not to expire until litigation ceases, for the providers who treated plaintiff’s alleged injury to her head (see the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 19. Plaintiff VIVETT ALLEN to respond to defendants’ “Discovery Demands” dated June 8, 2021. 20. Plaintiff VIVETT ALLEN to respond to defendants’ Demand for a Bill of Particulars dated June 8, 2021. 21. Plaintiff VIVETT ALLEN to provide HIPAA compliant authorization(s), not to expire until litigation ceases, for pharmacy records (see the claimant/plaintiff testified at the Statutory Hearing on December 16, 2021 and December 20, 2021, where plaintiff testified she filled a prescription at CVS). PLEASE TAKE NOTE: As Lawrence Heisler, Esq. has retired, please make out all authorizations to release records to the new, Executive Assistance General Counsel, Anna J. Ervolina, Esq., New York City Transit Authority Law Department. 22. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical, diagnostic, treatment and surgical records related to the July 14, 2020 workers compensation injury, said authorizations to include, but not be limited to (1) DHD Medical PC, 265 Madison Avenue, Floor 4, New York, New York 10016, (2) Stand-up MRI of Brooklyn, PC, and (3) Katzman Orthopedics, PC. (Please Take Note: Plaintiff claims that she missed time from work due to the accident on January 13, 2020. Also, plaintiff testified the accident caused her to work “lighter duty.” The defendants have a good- faith basis to explore evidence that there are alternative reasons for plaintiff missing work, or working lighter duty). 23. Plaintiff VIVETT ALLEN to provide authorization(s) for the workers compensation file related to the July 14, 2020 workers compensation injury. (Please Take Note: Plaintiff claims that she missed time from work due to the accident on January 13, 2020. Also, plaintiff testified the accident caused her to work “lighter duty.” The defendants have a good-faith basis to explore evidence that there are alternative reasons for plaintiff missing work, or working lighter duty). Demands dated December 21, 2021 5 5 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 24. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical, diagnostic, treatment and surgical records related to the accident that occurred at food market/butcher shop on July 28, 2019, including but not limited to authorizations for hospital records, ambulance calls reports, physicians’ records, primary care physicians’ records, physical and occupational therapy records, collateral sources records, No-fault records, surgical records; and MRIs, X-rays, CT scans and ultra-sounds: records, diagnostics, films and images. (The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTICE: All authorizations must be executed to release records to the new Executive Assistant General Counsel, ANNA J. ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th Floor, Brooklyn, NY 11201. 25. Plaintiff VIVETT ALLEN to provide copies of the non-privileged parts of the legal file related to the accident that occurred at food market/butcher shop on July 28, 2019, including but not limited to copies of medical records, pleadings, bills of particulars, collateral source records, hearing testimony, deposition testimony, discovery demands and responses, motion papers (including motions, opposition papers, and reply papers), videos, photographs, accident and incident reports, and bills of particulars. (The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021). 26. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for collateral source records related to the accident that occurred at food market/butcher shop on July 28, 2019 (The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021). PLEASE TAKE NOTICE: All authorizations must be executed to release records to the new Executive Assistant General Counsel, ANNA J. ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th Floor, Brooklyn, NY 11201. Demands dated December 21, 2021 6 6 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 27. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for medical, diagnostic, treatment and surgical records related to the motor vehicle accident that occurred in 2008, in New Jersey, including but not limited to authorizations for hospital records, ambulance calls reports, physicians’ records, primary care physicians’ records, physical and occupational therapy records, collateral sources records, No-fault records, surgical records; and MRIs, X-rays, CT scans and ultra-sounds: records, diagnostics, films and images. (The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021, and she testified that her current attorneys also represented her with regard to the 2008 accident). PLEASE TAKE NOTICE: All authorizations must be executed to release records to the new Executive Assistant General Counsel, ANNA J. ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th Floor, Brooklyn, NY 11201. 28. Plaintiff VIVETT ALLEN to provide copies of the non-privileged parts of the legal file related to the motor vehicle accident that occurred in 2008, in New Jersey, including but not limited to copies of medical records, pleadings, bills of particulars, collateral source records, hearing testimony, deposition testimony, discovery demands and responses, motion papers (including motions, opposition papers, and reply papers), videos, photographs, accident and incident reports, and bills of particulars. ((The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021, and she testified that her current attorneys also represented her with regard to the 2008 accident). 29. Plaintiff VIVETT ALLEN to provide HIPAA authorizations for collateral source records related to the motor vehicle accident that occurred in 2008, in New Jersey, including but not limited to authorizations for no-fault records, and authorization for Zurich American Insurance Company (The claimant/plaintiff testified regarding this accident at the Statutory Hearing on December 16, 2021 and December 20, 2021, and she testified that her current attorneys also represented her with regard to the 2008 accident). PLEASE TAKE NOTICE: All authorizations must be executed to release records to the new Executive Assistant General Counsel, ANNA J. ERVOLINA, ESQ., NYCTA Law Department, 130 Livingston Street, 11th Floor, Brooklyn, NY 11201. Demands dated December 21, 2021 7 7 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with this Demand, the undersigned will, inter alia, move to preclude plaintiff from offering any evidence at trial with respect to damages and liability. Dated: Brooklyn, New York December 21, 2021 Yours etc., ANNA J. ERVOLINA, ESQ. Attorney for Defendants New York City Transit Authority, and Metropolitan Transportation Authority 130 Livingston Street Brooklyn, New York 11201 By:___________/s/______________ MICHAEL ZENTZ, ESQ TO: ROTH & KHALIFE, LLP Attorneys for Plaintiffs VIVETT ALLEN 14 Wall Street, Suite 1603 New York, New York 10005 (212) 608-3015 Demands dated December 21, 2021 8 8 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 RIDER: ROTH & KHALIFE, LLP Attorneys for Plaintiffs VIVETT ALLEN 14 Wall Street, Suite 1603 New York, New York 10005 (212) 608-3015 Demands dated December 21, 2021 9 9 of 10 FILED: KINGS COUNTY CLERK 12/21/2021 11:16 AM INDEX NO. 508521/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/21/2021 BU-20-01-13-07-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------------------------------------------- VIVETT ALLEN, Index No.: 508521/2021 Plaintiff, -against- RENA HINES, STEVNE GILBERT, METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendants, ---------------------------------------------------------------------------------------------------------------- DEMANDS DATED DECEMBER 21, 2021 ---------------------------------------------------------------------------------------------------------------- ANNA J. ERVOLINA, ESQ. ATTORNEY(s) FOR DEFENDANT(s) NEW YORK CITY TRANSIT AUTHORITY METROPOLITAN TRANSPORTATION AUTHORITY OFFICE AND POST OFFICE ADDRESS 130 LIVINGSTON STREET BROOKLYN, NEW YORK 11201 (718) 694-3251 Attorney Affirmation: MICHAEL ZENTZ, ESQ., hereby affirms under penalty of perjury the following: That I am an attorney and counselor-at-law admitted to practice in the Courts of this State and that on December 21, 2021, affirmant served the Demands dated December 21, 2021 hereby annexed on ROTH & KHALIFE, LLP, attorneys forplaintiff,by electronicallyfiling said documents through the New York State Courts Electronic Filing System (“NYSCEF”), pursuant to the regulations governing the NYSCEF System, specifically 22 NYCRR §202.5-b, and the procedures of the NYSCEF System as reflected in the User’s Manual approved by the Chief Administrator of the Courts and posted on the NYSCEF website, this being the method within the State designated by said attorneys for the purpose of serving upon and receiving the preceding papers in this action. Dated: Brooklyn, New York December 21, 2021 _________________/s/______________ MICHAEL ZENTZ, ESQ. Attorney Certification 10 of 10 _____________/s/___________________