Preview
FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020
Law Offices of Tobias & Kuhn
Employees of a Subsidiary of The Hartford Financial Services Group, Inc.
100 William Street, 9th Floor Alexa Rissoff, Esquire
New York, NY 10038
Admitted in New York
OFFICE:
Telephone (212) 553-8700 Direct Dial: (212) 553-8790
Facsimile (877) 369-5797 Email: alexa.rissoff@thehartford.com
September 21, 2020
Decolator, Cohen & DiPrisco, LLP
1399 Franklin Avenue, Suite 300
New York, NY 11530
Re: Terrazas, Brayan v. Hershberg, Arlene, et al.
Our File No: Y81AL78404-001
Date of Accident: 4/26/2017
Dear Counselors:
A review of our file reveals that you have not responded to our Notice for
Discovery and Inspection dated May 19, 2020. This Notice for Discovery Inspection
demanded authorizations for plaintiff’s 2015 accident (see attached).
We would appreciate receiving these items so that this matter can continue
forward in a timely manner within the next ten days. Please accept this letter as a
good faith effort to avoid unnecessary motion practice.
Please do not hesitate to contact me should you wish to discuss this matter.
Thank you for your cooperation in this matter.
Very truly yours,
Alexa Rissoff
(212) 553-8790
AR/mms
Encl.:
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FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------X
BRAYAN TERRAZAS,
NOTICE FOR DISCOVERY
Plainitff, AND INSPECTION
-against-
Index No: 520642/17
THE CITY OF NEW YORK and
ARLENE HERSHBERG,
Defendants.
------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR 3120, and the Rules of the
Appellate Division, demand is hereby made upon the plaintiff and/or his attorneys to
serve upon and deliver to the undersigned attorneys for the defendant, ARLENE
HERSHBERG, within twenty (20) days of receipt of this notice:
Prior Accident in 2015
1. Duly executed and acknowledged written authorizations permitting the
defendant, ARLENE HERSHBERG, to obtain records as follows:
a. Any and all healthcare providers who examined and/or
treated plaintiff in any manner regarding any injuries he
received in his 2015 accident;
b. No-Fault records for plaintiff’s 2015 accident;
c. A full and complete copy of plaintiff’s attorney’s non-
privileged legal file (including but not limited to
pleadings, Bill of Particulars, deposition transcripts and
medical records) for plaintiff’s 2015 accident;
d. Hospital records for the 2015 accident;
e. MRI Facilities for the 2015 accident;
f. X-ray facilities for the 2015 accident;
g. Worker’s Compensation Carrier for the 2015 accident;
h. Worker’s Compensation Board for the 2015 accident;
and
i. Employment records for the 2015 accident.
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FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020
PLEASE TAKE FURTHER NOTICE, that in the event plaintiffs should fail to
comply with this notice for discovery and inspection, a motion will be made seeking to
impose sanctions pursuant to CPLR 3126.
Dated: New York, New York
May 19, 2020
Yours, etc.,
LAW OFFICES OF TOBIAS & KUHN
By: Alexa Rissoff
Attorneys for Defendant
ARLENE HERSHBERG
100 William Street, Suite 920
New York, NY 10038
(212) 553-8700
File No: Y81AL78404-001
TO: DECOLATOR, COHEN & DiPRISCO, LLP
Attorneys for Plaintiff
BRAYAN TERRAZAS
1399 Franklin Ave, Suite 300
New York, NY 11530
(516) 742-6575
ZACHARY W. CARTER, ESQ.
Corporation Counsel
By: Jeffrey M. Murphy, Esq.
Attorneys for Defendant
CITY OF NEW YORK
350 Jay St., 8th Floor
Brooklyn, NY 11201
(718) 780-2566
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FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK )
MARIE SOUFFRANT-SANTIAGO, being duly sworn, deposes and says that she is
employed in the LAW OFFICES OF TOBIAS & KUHN, at 100 William Street, Suite
920, New York, New York 10038, that on the 22nd day of May, 2020, deponent, who is
not a party to this action and is over eighteen years of age, served the annexed –
NOTICE FOR DISCOVERY AND INSPECTION - upon:
DECOLATOR, COHEN & DiPRISCO, LLP
Attorneys for Plaintiff
BRAYAN TERRAZAS
1399 Franklin Ave, Suite 300
New York, NY 11530
dcdlaw@yahoo.com
ZACH ARY W. CARTER, ESQ. Attorneys for Defendant
Corporation Counsel CITY OF NEW YORK
By: Jeffrey M. Murphy, Esq. 350 Jay Street, 8th Floor
Brooklyn, NY 11201
jmmurphy@grsm.com
by e-mailing a copy of the Answer to Third-Party Defendant’s Counterclaim to the e-mail
addresses that were provided after obtaining writing consent pursuant to CPLR 2103.
Sworn to before me this
22nd day of May, 2020
File No.: Y81AL78404-001
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FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.: 520642/17
BRAYAN TERRAZAS,
Plainitff,
-against-
THE CITY OF NEW YORK and
ARLENE HERSHBERG,
Defendants.
NOTICE FOR DISCOVERY AND INSPECTION
LAW OFFICES OF TOBIAS & KUHN
Attorneys for Defendant
ARLENE HERSHBERG
Office and Post Office Address, Telephone
100 William Street, Suite 920
New York, NY 10038
(212) 553-8700
File No.: Y81AL78404-001
To:
Attorney(s) for
Service of a copy of the within
Is hereby admitted.
Dated: _______________________
______________________________
Attorneys for
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Preview
FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020 Law Offices of Tobias & Kuhn Employees of a Subsidiary of The Hartford Financial Services Group, Inc. 100 William Street, 9th Floor Alexa Rissoff, Esquire New York, NY 10038 Admitted in New York OFFICE: Telephone (212) 553-8700 Direct Dial: (212) 553-8790 Facsimile (877) 369-5797 Email: alexa.rissoff@thehartford.com September 21, 2020 Decolator, Cohen & DiPrisco, LLP 1399 Franklin Avenue, Suite 300 New York, NY 11530 Re: Terrazas, Brayan v. Hershberg, Arlene, et al. Our File No: Y81AL78404-001 Date of Accident: 4/26/2017 Dear Counselors: A review of our file reveals that you have not responded to our Notice for Discovery and Inspection dated May 19, 2020. This Notice for Discovery Inspection demanded authorizations for plaintiff’s 2015 accident (see attached). We would appreciate receiving these items so that this matter can continue forward in a timely manner within the next ten days. Please accept this letter as a good faith effort to avoid unnecessary motion practice. Please do not hesitate to contact me should you wish to discuss this matter. Thank you for your cooperation in this matter. Very truly yours, Alexa Rissoff (212) 553-8790 AR/mms Encl.: 1 of 5 FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X BRAYAN TERRAZAS, NOTICE FOR DISCOVERY Plainitff, AND INSPECTION -against- Index No: 520642/17 THE CITY OF NEW YORK and ARLENE HERSHBERG, Defendants. ------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3120, and the Rules of the Appellate Division, demand is hereby made upon the plaintiff and/or his attorneys to serve upon and deliver to the undersigned attorneys for the defendant, ARLENE HERSHBERG, within twenty (20) days of receipt of this notice: Prior Accident in 2015 1. Duly executed and acknowledged written authorizations permitting the defendant, ARLENE HERSHBERG, to obtain records as follows: a. Any and all healthcare providers who examined and/or treated plaintiff in any manner regarding any injuries he received in his 2015 accident; b. No-Fault records for plaintiff’s 2015 accident; c. A full and complete copy of plaintiff’s attorney’s non- privileged legal file (including but not limited to pleadings, Bill of Particulars, deposition transcripts and medical records) for plaintiff’s 2015 accident; d. Hospital records for the 2015 accident; e. MRI Facilities for the 2015 accident; f. X-ray facilities for the 2015 accident; g. Worker’s Compensation Carrier for the 2015 accident; h. Worker’s Compensation Board for the 2015 accident; and i. Employment records for the 2015 accident. 2 of 5 FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020 PLEASE TAKE FURTHER NOTICE, that in the event plaintiffs should fail to comply with this notice for discovery and inspection, a motion will be made seeking to impose sanctions pursuant to CPLR 3126. Dated: New York, New York May 19, 2020 Yours, etc., LAW OFFICES OF TOBIAS & KUHN By: Alexa Rissoff Attorneys for Defendant ARLENE HERSHBERG 100 William Street, Suite 920 New York, NY 10038 (212) 553-8700 File No: Y81AL78404-001 TO: DECOLATOR, COHEN & DiPRISCO, LLP Attorneys for Plaintiff BRAYAN TERRAZAS 1399 Franklin Ave, Suite 300 New York, NY 11530 (516) 742-6575 ZACHARY W. CARTER, ESQ. Corporation Counsel By: Jeffrey M. Murphy, Esq. Attorneys for Defendant CITY OF NEW YORK 350 Jay St., 8th Floor Brooklyn, NY 11201 (718) 780-2566 3 of 5 FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) MARIE SOUFFRANT-SANTIAGO, being duly sworn, deposes and says that she is employed in the LAW OFFICES OF TOBIAS & KUHN, at 100 William Street, Suite 920, New York, New York 10038, that on the 22nd day of May, 2020, deponent, who is not a party to this action and is over eighteen years of age, served the annexed – NOTICE FOR DISCOVERY AND INSPECTION - upon: DECOLATOR, COHEN & DiPRISCO, LLP Attorneys for Plaintiff BRAYAN TERRAZAS 1399 Franklin Ave, Suite 300 New York, NY 11530 dcdlaw@yahoo.com ZACH ARY W. CARTER, ESQ. Attorneys for Defendant Corporation Counsel CITY OF NEW YORK By: Jeffrey M. Murphy, Esq. 350 Jay Street, 8th Floor Brooklyn, NY 11201 jmmurphy@grsm.com by e-mailing a copy of the Answer to Third-Party Defendant’s Counterclaim to the e-mail addresses that were provided after obtaining writing consent pursuant to CPLR 2103. Sworn to before me this 22nd day of May, 2020 File No.: Y81AL78404-001 4 of 5 FILED: KINGS COUNTY CLERK 10/07/2020 09:40 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 520642/17 BRAYAN TERRAZAS, Plainitff, -against- THE CITY OF NEW YORK and ARLENE HERSHBERG, Defendants. NOTICE FOR DISCOVERY AND INSPECTION LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant ARLENE HERSHBERG Office and Post Office Address, Telephone 100 William Street, Suite 920 New York, NY 10038 (212) 553-8700 File No.: Y81AL78404-001 To: Attorney(s) for Service of a copy of the within Is hereby admitted. Dated: _______________________ ______________________________ Attorneys for 5 of 5