Preview
FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________..---------------------
_________________------____________Ç
LALITA CREWS, RESPONSE TO
DISCOVERY DEMANDS
Plaintiff, OF DEFENDANT KFC
CORPORATION
- against -
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA
BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC Index No.: 504481/21
CORPORATION,
Defendants.
____________----------..----------------________________________________Ç
Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, responding to
the discovery demands of Defendant KFC CORPORATION dated 6/1/21, alleges, upon
information and belief, as follows:
DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW
Medicare: Plaintiff is not Medicare eligible.
Medicaid: Plaintiff did not receive any Medicaid benefits.
DEMAND REGARDING PRIOR OR SUBSEQUENT INJURY
Not applicable.
DEMAND FOR LITIGATION FUNDING INFORMATION AND DOCUMENTS
Not applicable.
DEMAND FOR SOCIAL MEDIA INFORMATION
Plaintiff objects to these demands as being over broad, vague, ambiguous, unduly
burdensome and seeks information and documents that are neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the discovery of admissible evidence.
Additionally, Defendant has not supplied any factual predicate for the disclosure of said materials.
The demand for authorizations permitting access to and/or the release of any or all social
networking accounts is improper and lacks the necessary and required prior findings. See
Forman v. Henkin, among others.
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FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
DEMAND FOR AUTHORIZATIONS
Annexed hereto is an authorization for Plaintiff's employer, Divine Investors LLC.
Annexed hereto are authorizations for Plaintiff's ambulance, hospital and medical records
from those providers who treated Plaintiff for the injuries sustained herein.
DEMAND FOR OPPOSING PARTY STATEMENTS
None in plaintiff's possession.
DEMAND FOR EXPERT WITNESS DISCLOSURE
Expert witness disclosure will be made under separate cover.
DEMAND FOR PHOTOGRAPHS AND/OR VIDEO
Site Photographs: Annexed hereto are 18 photographs and 1 video.
Injury Photographs: Annexed hereto are 11 photographs.
DEMAND FOR ACCIDENT REPORTS
Workers'
Annexed hereto are copies of the incident report and Plaintiff's C-3 filed with
Compensation dated 3/15/20.
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
a. The following persons were working at the time of the occurrence:
Rhoda Llewelyn and Nazish Tisha
b.-d. Unknown to Plaintiff - this response will be amended post proceedings.
discovery
DEMAND FOR COLLATERAL SOURCE INFORMATION
Workers'
Plaintiff's collateral source herein is Compensation benefits from Hartford
Insurance Company. Annexed hereto are authorizations for her claim and payment records
relating to the treatment received for the injuries sustained in the subject accident from Hartford
Workers'
Insurance Company, NYS Compensation Board and for the non-privileged legal file
from Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP.
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FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
DEMAND FOR MEDICAL INFORMATION
Annexed are copies of the records and reports, currently in Plaintiff's possession, of the
following medical providers who treated Plaintiff for the injuries sustained herein, together with
corresponding Arons authorizations:
FDNY-EMS
(Authorization only)
William Randolph Heart Burn Center /
New York-Presbyterian/Weill Cornell Medical Center
Admission records dated 3/11/20 through 3/26/20
Out-patient clinic records dated 4/6/20 and 5/8/20
New York-Presbyterian/Weill Cornell Burn-Surgery Center
(Authorization only)
Mount Sinai Selikoff Centers for Occupational Health
Report dated ln/21
NJS Physical Medicine & Rehabilitation
Dr. Nunzio Saulle's reports dated 1/28/21 and 8/13/21
NY Presbyterian Weill-Cornell Medical Center - Burn Unit
Admission records dated 3/1 1/20 through 3/26/20;
Out patient Clinic dated 4/6/20 and 5/8/20.
Mount Sinai - Centers for Occupational Health
Selikoff
Report dated ln/21.
NJS Physical Medicine & Rehabilitation PC
Dr. Nunzio Saulle, report dated 1/28/21, 8/13/21
DEMAND FOR PRIOR PLEADINGS
The following is a listof those attorneys who have appeared in this action:
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 11375
ROBERT A. PEIRCE & ASSOCIATES
Attorneys for Defendant
JAM SERVICES AND REPAIRS LLC
8 Cottage Place
White Plains, NY 10601
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
KFC CORPORATION
90 Broad Street, Suite 1202
New York, NY 10004
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
1040 KFC LLC
13th
One Whitehall Street,
New York, NY 10004
This is an e-file case and Plaintiff is not aware of any other litigation involving this
incident. There are no deposition or 50-h hearing transcripts.
DEMAND FOR CONTRACTS
None in plaintiff's possession.
DEMAND FOR INSURANCE INFORMATION
Annexed hereto is a copy of Jose M. Nina Bonilla's insurance contract with State Farm
Fire and Casualty Company.
DEMAND FOR PROOF OF RESIDENCY
Plaintiff currently resides at 442 Mosley Street, Wilmington, NC 28405.
DEMAND FOR STATEMENT OF DAMAGES
See Plaintiff's response to Bill of Particulars paragraph "25". In addition, Plaintiff
demands judgment against Defendants herein in the amount of $ 5,500,000.00, together with the
costs and disbursements of this action.
DEMAND FOR AUTHORIZATIONS FOR TAX RETURNS
Objection. Over broad. Plaintiff was not self-employed.
DEMAND FOR EMPLOYMENT RECORDS
An authorization for Plaintiff's employment records from Divine Investors LLC is
annexed hereto.
DEMAND FOR WORKERS COMPENSATION RECORDS
Annexed hereto are authorizations for her claim and payment records relating to the
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
treatment received for the injuries sustained in the subject accident from Hartford Insurance
Workers'
Company, NYS Compensation Board and for the non-privileged legal file from
Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP.
DEMAND FOR SOCIAL SECURITY OR DISABILITY RECORDS
Not applicable.
Dated: Forest Hills, New York
April 5, 2022
Your tc.,
Ro ld W. Ram z
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 11375
(718) 261-6161
File No. 200005
TO: GALLO VITUCCI KLAR LLP
Attorneys for Defendant
KFC CORPORATION
90 Broad Street, Suite 1202
New York, NY 10004
(212) 683-7100
File No. FRS.2021004
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022
Index No. 504481/21 (J. Montelione)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LALITA CREWS,
Plaintiff,
- against -
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC,
1040 KFC LLC and KFC CORPORATION,
Defendants.
RESPONSE TO DISCOVERY DEMANDS OF DEFENDANT KFC CORPORATION
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-19 71st Avenue
Forest Hills,New York 11375
Tel. No.: (718) 261-6161
Fax No.: (718) 268-3045
RR @ RWRAMIREZ.COM
CERTIFICATION:
To the best ofthe undersigned's knowledge, information and belief, formed afteran inquiry
reasonable under the circumstances, the within document(s) and contentions contained
therein are not frivolous as defined in 22 NY CRR §130-1.1-a.
Dated: Forest Hills, New York
April 5, 2022
NALD W. MI
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Preview
FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________..--------------------- _________________------____________Ç LALITA CREWS, RESPONSE TO DISCOVERY DEMANDS Plaintiff, OF DEFENDANT KFC CORPORATION - against - JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC Index No.: 504481/21 CORPORATION, Defendants. ____________----------..----------------________________________________Ç Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, responding to the discovery demands of Defendant KFC CORPORATION dated 6/1/21, alleges, upon information and belief, as follows: DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW Medicare: Plaintiff is not Medicare eligible. Medicaid: Plaintiff did not receive any Medicaid benefits. DEMAND REGARDING PRIOR OR SUBSEQUENT INJURY Not applicable. DEMAND FOR LITIGATION FUNDING INFORMATION AND DOCUMENTS Not applicable. DEMAND FOR SOCIAL MEDIA INFORMATION Plaintiff objects to these demands as being over broad, vague, ambiguous, unduly burdensome and seeks information and documents that are neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant has not supplied any factual predicate for the disclosure of said materials. The demand for authorizations permitting access to and/or the release of any or all social networking accounts is improper and lacks the necessary and required prior findings. See Forman v. Henkin, among others. 1 of 6 FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 DEMAND FOR AUTHORIZATIONS Annexed hereto is an authorization for Plaintiff's employer, Divine Investors LLC. Annexed hereto are authorizations for Plaintiff's ambulance, hospital and medical records from those providers who treated Plaintiff for the injuries sustained herein. DEMAND FOR OPPOSING PARTY STATEMENTS None in plaintiff's possession. DEMAND FOR EXPERT WITNESS DISCLOSURE Expert witness disclosure will be made under separate cover. DEMAND FOR PHOTOGRAPHS AND/OR VIDEO Site Photographs: Annexed hereto are 18 photographs and 1 video. Injury Photographs: Annexed hereto are 11 photographs. DEMAND FOR ACCIDENT REPORTS Workers' Annexed hereto are copies of the incident report and Plaintiff's C-3 filed with Compensation dated 3/15/20. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES a. The following persons were working at the time of the occurrence: Rhoda Llewelyn and Nazish Tisha b.-d. Unknown to Plaintiff - this response will be amended post proceedings. discovery DEMAND FOR COLLATERAL SOURCE INFORMATION Workers' Plaintiff's collateral source herein is Compensation benefits from Hartford Insurance Company. Annexed hereto are authorizations for her claim and payment records relating to the treatment received for the injuries sustained in the subject accident from Hartford Workers' Insurance Company, NYS Compensation Board and for the non-privileged legal file from Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP. 2 2 of 6 FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 DEMAND FOR MEDICAL INFORMATION Annexed are copies of the records and reports, currently in Plaintiff's possession, of the following medical providers who treated Plaintiff for the injuries sustained herein, together with corresponding Arons authorizations: FDNY-EMS (Authorization only) William Randolph Heart Burn Center / New York-Presbyterian/Weill Cornell Medical Center Admission records dated 3/11/20 through 3/26/20 Out-patient clinic records dated 4/6/20 and 5/8/20 New York-Presbyterian/Weill Cornell Burn-Surgery Center (Authorization only) Mount Sinai Selikoff Centers for Occupational Health Report dated ln/21 NJS Physical Medicine & Rehabilitation Dr. Nunzio Saulle's reports dated 1/28/21 and 8/13/21 NY Presbyterian Weill-Cornell Medical Center - Burn Unit Admission records dated 3/1 1/20 through 3/26/20; Out patient Clinic dated 4/6/20 and 5/8/20. Mount Sinai - Centers for Occupational Health Selikoff Report dated ln/21. NJS Physical Medicine & Rehabilitation PC Dr. Nunzio Saulle, report dated 1/28/21, 8/13/21 DEMAND FOR PRIOR PLEADINGS The following is a listof those attorneys who have appeared in this action: LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 11375 ROBERT A. PEIRCE & ASSOCIATES Attorneys for Defendant JAM SERVICES AND REPAIRS LLC 8 Cottage Place White Plains, NY 10601 3 3 of 6 FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 GALLO VITUCCI KLAR LLP Attorneys for Defendant KFC CORPORATION 90 Broad Street, Suite 1202 New York, NY 10004 LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant 1040 KFC LLC 13th One Whitehall Street, New York, NY 10004 This is an e-file case and Plaintiff is not aware of any other litigation involving this incident. There are no deposition or 50-h hearing transcripts. DEMAND FOR CONTRACTS None in plaintiff's possession. DEMAND FOR INSURANCE INFORMATION Annexed hereto is a copy of Jose M. Nina Bonilla's insurance contract with State Farm Fire and Casualty Company. DEMAND FOR PROOF OF RESIDENCY Plaintiff currently resides at 442 Mosley Street, Wilmington, NC 28405. DEMAND FOR STATEMENT OF DAMAGES See Plaintiff's response to Bill of Particulars paragraph "25". In addition, Plaintiff demands judgment against Defendants herein in the amount of $ 5,500,000.00, together with the costs and disbursements of this action. DEMAND FOR AUTHORIZATIONS FOR TAX RETURNS Objection. Over broad. Plaintiff was not self-employed. DEMAND FOR EMPLOYMENT RECORDS An authorization for Plaintiff's employment records from Divine Investors LLC is annexed hereto. DEMAND FOR WORKERS COMPENSATION RECORDS Annexed hereto are authorizations for her claim and payment records relating to the 4 4 of 6 FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 treatment received for the injuries sustained in the subject accident from Hartford Insurance Workers' Company, NYS Compensation Board and for the non-privileged legal file from Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP. DEMAND FOR SOCIAL SECURITY OR DISABILITY RECORDS Not applicable. Dated: Forest Hills, New York April 5, 2022 Your tc., Ro ld W. Ram z LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 11375 (718) 261-6161 File No. 200005 TO: GALLO VITUCCI KLAR LLP Attorneys for Defendant KFC CORPORATION 90 Broad Street, Suite 1202 New York, NY 10004 (212) 683-7100 File No. FRS.2021004 5 5 of 6 FILED: KINGS COUNTY CLERK 04/06/2022 11:21 AM INDEX NO. 504481/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/06/2022 Index No. 504481/21 (J. Montelione) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LALITA CREWS, Plaintiff, - against - JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC CORPORATION, Defendants. RESPONSE TO DISCOVERY DEMANDS OF DEFENDANT KFC CORPORATION LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 107-19 71st Avenue Forest Hills,New York 11375 Tel. No.: (718) 261-6161 Fax No.: (718) 268-3045 RR @ RWRAMIREZ.COM CERTIFICATION: To the best ofthe undersigned's knowledge, information and belief, formed afteran inquiry reasonable under the circumstances, the within document(s) and contentions contained therein are not frivolous as defined in 22 NY CRR §130-1.1-a. Dated: Forest Hills, New York April 5, 2022 NALD W. MI 6 of 6