Preview
FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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BRAYAN TERRAZAS,
POST EBT DEMAND
Plainitff,
Index No: 520642/17
-against-
THE CITY OF NEW YORK and
ARLENE HERSHBERG,
Defendants.
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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:
1. Duly executed and acknowledged written authorizations
permitting the defendant to obtain records from the
pharmacy located on Queens Boulevard where the
plaintiff filled prescriptions;
2. Response to demand from 5/19/20 for all authorizations
regarding prior left shoulder injury;
3. Duly executed and acknowledged written authorizations
permitting the defendant to obtain records for physical
therapy plaintiff received at Jackson Heights;
4. Duly executed and acknowledged written authorization
permitting the defendant to obtain and copy any and all
records, diagnostic films (including X-ray, CT-scan and
MRI films) and reports from the neurologist plaintiff saw
following the accident;
5. Any and all documentation for out of pocket expenses
plaintiff is claiming as a result of incident;
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FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020
6. Duly executed and acknowledged written authorization
permitting the defendant to obtain records from GHI.
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
October 23, 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 10/27/2020 11:25 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020
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 27th day of October, 2020, deponent, who
is not a party to this action and is over eighteen years of age, served the annexed – POST
EBT DEMAND - upon:
DECOLATOR, COHEN & DiPRISCO, LLP
Attorneys for Plaintiff
BRAYAN TERRAZAS
1399 Franklin Ave, Suite 300
New York, NY 11530
dcdlaw@yahoo.com
in this action, by the New York State Courts Electronic Filing Rules (NYSCEF) and
pursuant to CPLR 2214(b), herein directed to the email address(es) shown above, that
being the email address(es) consented and designated by said attorneys.
And
upon :
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
in this action, by depositing a true copy thereof properly and securely endorsed in a duly
postpaid wrapper, in a post-office box in the County of New York, New York regularly
maintained by the government of the United States at 100 William Street, New York, NY
10038 and under the care of the New York, New York Post-office, which is the post-
office of LAW OFFICES OF TOBIAS & KUHN, attorneys for the defendant,
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FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020
PAGE -2-
ARLENE HERSHBERG, herein directed to the addresses shown above, that being the
addresses within the State designated by said attorneys for that purpose upon the last
preceding papers in this action.
Sworn to before me this
27th day of October, 2020
File No.: Y81AL78404-001
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FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020
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.
POST EBT DEMAND
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
Preview
FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X BRAYAN TERRAZAS, POST EBT DEMAND Plainitff, Index No: 520642/17 -against- 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: 1. Duly executed and acknowledged written authorizations permitting the defendant to obtain records from the pharmacy located on Queens Boulevard where the plaintiff filled prescriptions; 2. Response to demand from 5/19/20 for all authorizations regarding prior left shoulder injury; 3. Duly executed and acknowledged written authorizations permitting the defendant to obtain records for physical therapy plaintiff received at Jackson Heights; 4. Duly executed and acknowledged written authorization permitting the defendant to obtain and copy any and all records, diagnostic films (including X-ray, CT-scan and MRI films) and reports from the neurologist plaintiff saw following the accident; 5. Any and all documentation for out of pocket expenses plaintiff is claiming as a result of incident; 1 of 5 FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020 6. Duly executed and acknowledged written authorization permitting the defendant to obtain records from GHI. 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 October 23, 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 2 of 5 FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020 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 27th day of October, 2020, deponent, who is not a party to this action and is over eighteen years of age, served the annexed – POST EBT DEMAND - upon: DECOLATOR, COHEN & DiPRISCO, LLP Attorneys for Plaintiff BRAYAN TERRAZAS 1399 Franklin Ave, Suite 300 New York, NY 11530 dcdlaw@yahoo.com in this action, by the New York State Courts Electronic Filing Rules (NYSCEF) and pursuant to CPLR 2214(b), herein directed to the email address(es) shown above, that being the email address(es) consented and designated by said attorneys. And upon : 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 in this action, by depositing a true copy thereof properly and securely endorsed in a duly postpaid wrapper, in a post-office box in the County of New York, New York regularly maintained by the government of the United States at 100 William Street, New York, NY 10038 and under the care of the New York, New York Post-office, which is the post- office of LAW OFFICES OF TOBIAS & KUHN, attorneys for the defendant, 3 of 5 FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020 PAGE -2- ARLENE HERSHBERG, herein directed to the addresses shown above, that being the addresses within the State designated by said attorneys for that purpose upon the last preceding papers in this action. Sworn to before me this 27th day of October, 2020 File No.: Y81AL78404-001 4 of 5 FILED: KINGS COUNTY CLERK 10/27/2020 11:25 AM INDEX NO. 520642/2017 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/27/2020 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. POST EBT DEMAND 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