Preview
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
Exhibit E
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
STEPHEN 1 UAKAS• L IA K AS Unkaslaw.com
DEAN N. LIAKAS 65 Broadway
NICHOLAS 13S Floor
LIAKAS
New York,NY 10006
ANTHONY M. DELISO
JOSEPH GUARDINO P; (212)937-7765
SARA L. ABIBOUTROS F: (877)380-9432
PAUL V. PRESTIA** L AW, P.C. New Jersey Office
*Also admittedin NewJersey 576 Main Street, Suite C
**Specialcounsel Chatham, NJ 07928
January 8, 2019
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendants
1 1 HOYT PROPERTY OWNER, LP. and
TRITON CONSTRUCTION COMPANY, LLC,
77 Water Street,Suite 2100
New York, New York 10005
Rei ABIMAEL TRUJILLO CRUZ v. 11 HOYT PROPERTY OWNER, L.P., et
ano.
hdex No.: 521854/2018
Dear Counselors,
As you know, this office represents the Plaintiff in the above-referenced matter. Enclosed are
Defendants'
Plaintiff'sVerified Bill of Particulars, Response to Combined Discovery Demands,
Plaintiff'sDemand for a Verified Bill of Particulars, Plaintiff's Notice of Discovery and Inspection and
Plaintiff'sCombined Discovery Demands.
Please note the RJI and Request for a Pre"-'--y Conference was filedelectronically.
Should you have any questions or concems please do not hesitate to contact me.
Very t yours,
on 19fdSEIfso
Encl(s).
AD/jp
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 521854/2018
.... ........ _...............................-------X
ABIMAEL TRUJILLO CRUZ,
Plaintiff, RESPONSE TO
-against- COMBINED
DISCOVERY
11 HOYT PROPERTY OWNER, L.P. and DEMANDS
TRITON CONSTRUCTION COMPANY, LLC,
Defendants.
Plaintiff, ABIMAEL TRUJILLO CRUZ, by his attorneys, LIAKAS LAW, P.C., as and for a
response to Defendants 11 HOYT PROPERTY OWNER, L.P. and TRITON CONSTRUCTION
COMPANY, LLC, Combined Discovery Demands, sets forth:
RESPONSE TO DEMAND FOR SOCIAL SECURITY ADMINISTRATION: Upon information and
belief, Plaintiff is neithera Medicaid nor Medicare beneficiary.
RESPONSE TO DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION: Upon
Workers'
information and belief, Plaintiff's only collateral source is Compensation insurance.
RESPONSE TO DEMAND FOR EMPLOYEE BENEFITS: Not applicable as to Plaintiff.
RESPONSE TO DEMAND FOR AMBULANCE CALL REPORT: Not applicable as to Plaintiff.
RESPONSE TO DEMAND FOR DAMAGES: Plaintiff demands ten million dollars ($10,M0,0%.00)
in total damages.
RESPONSE TO DEMAND FOR ECONOMIST-ACTUARY WITNESS INFORMATION: Plaintiff
Dehdants'
objects to demand as vague, cmhiguous, overbroad, unduly burders:-me and not reasonably
calculated to lead to the disclosure of relevant evidence or the discovery of information bearing on the
claim(s) made by Plaintiff herein.
RESPONSE TO DEMAND FOR EMPLOYMENT RECORDS: Enclosed isan authorization to obtain
Plaintiff's empicyment records.
RESPONSE TO DEMAND FOR EXPERT WITNESS DISCLOSURE: Plaintiff will callhealth care
providers at the time of trialwho will testify based upon the history of the trauma, the physical complai-ts
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
made by Plaintiff,the physical exeations conducted by the health care provider, the results of
diagnostic testsperformed on Plaintiff, review of medical records and report of other health care
providers who have treated and examined Plaintiff,the substance of which are contained in the narrative
reports of said physician, as well as the health care providers education, training and expertise in their
particular fieldof medicine.
An expert response pursuant to CPLR 3101 (d) will be provided prior to trial.
RESPONSE TO DEMAND FOR INCOME TAX AUTHORIZATION: Plaintiff objects to
Defendants'
demand as vague, a:nbiguous, overbroad, unduly t-ardcasome and not reasonably calculated
to lead to the disdes-e of relevant evidence or the discovery of information bearing on the claim(s) made
by Plaintiff herein. Not applicable. Plaintiff isnot self-employed.
RESPONSE TO DEMAND FOR MEDICAL INFORMATION: Enclosed are Plaintiff's,ABIMAEL
TRUJILLO CRUZ, medical records and/or HIPAA authorizations to obtain same from the follawing
physicians and/or facilities:
- Medical
Community Imaging;
- Main Street Radiology;
- Pain Physicians NY;
- Daniel Shapiro, M.D., F.A.A.P.M.R.;
-
City MD;
- New York Presbyterian Medical Group/Queens;
RESPONSE TO DEMAND FOR MEDICARE INFORMATION: Upon information and belief,
Plaintiff isnot a Medicare beneficiary.
RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF WITNESSES: Upon information
and belief,Juan Carlos and Luis Sarimento witnessed the subject accident. Plaintiff isnot currently in
possession of any addresses.
RESPONSE TO DEMAND FOR PRIOR AND SUBSEQUENT CLAIMS: Plaintiffobjects to
Defendants'
demand as vague, ambiguous, overbroad, unduly burdensome and not reasonably calculated
to lead to the disclosure of relevant evidcace or the discovery of information bearing on the claim(s) made
by Plaintiff herein.
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
RESPONSE TO DEMAND FOR MEDICARE OR MEDICAID LIEN: Upon information and belief,
Plaintiff isneither a Medicare nor Medicaid beneficiary.
RESPONSE TO NOTICE TO PRODUCE PHOTOGRAPHS, BILLS AND ACCIDENT
REPORTS: Enclosed are three (3) photographs. Plaintiff isnot in possession of any accident report at
this time.
RESPONSE TO PRODUCE SIGNED STATEMENTS PURSUANT TO CPLR 3101(E): Plaintiff is
not in possession of any adverse party statements at thistime.
RESPONSE TO DEMAND FOR MEDICAL INFORMATION PERTAINING TO PRE-
Defedants'
EXISTING CONDITIONS: Plaintiffobjects to demand as vague, ambiguous, overbroad,
unduly burdensome and not reasonably calculated to lead to the disclosure of relevant evidence or the
discovery of information bearing on the claim(s) made by Plaintiff herein.
Defendants'
RESPONSE TO DEMAND FOR FAMILY PLAN INSURANCE: Plaintiff objects to
demand as vague, ambiguous, overbroad, unduly burdensome and not reasonably calculatM to lead to the
disclosure of relevant evidence or the discovery of information bearing on the claim(s) made by Plaintiff
herein.
RESPONSE TO DEMAND PURSUANT TO 306-B: Enclosed is a copy of the index number
purchased for the instant matter and Affidavit of Service.
RESPONSE TO DEMAND FOR SCHOOL RECORDS: Not applicable as to Plaintiff.
RESPONSE TO DEMAND FOR UNION RECORDS: Not applicable as to Plaintiff.
PLEASE TAKE FURTHER NOTICE that Plaintiffreserves his rightto amend and/or supplement
the above responses, ifand when additional information becomes available.
Dated: New York, New York
January 4, 2019
LIAKAS , P.C.
'
Antho
Atto ys forPlaintif
13*
65 Broadway, Floor
New York, New York 10006
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
212-937-7765
To; LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendants
11 HOYT PROPERTY OWNER, L.P. and
TRITON CONSTRUCTION COMPANY, LLC,
77 Water Street, Suite 2100
New York, New York 10005
212-232-1300
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019
n80p0St,
PRIORITYMAll
$007.25a
01 /2019ZIP10006
042 1484301
SDot
RECElVEDBY
tD
br"tEC'S
Ali 1 5
200
Preview
FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 Exhibit E FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 STEPHEN 1 UAKAS• L IA K AS Unkaslaw.com DEAN N. LIAKAS 65 Broadway NICHOLAS 13S Floor LIAKAS New York,NY 10006 ANTHONY M. DELISO JOSEPH GUARDINO P; (212)937-7765 SARA L. ABIBOUTROS F: (877)380-9432 PAUL V. PRESTIA** L AW, P.C. New Jersey Office *Also admittedin NewJersey 576 Main Street, Suite C **Specialcounsel Chatham, NJ 07928 January 8, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendants 1 1 HOYT PROPERTY OWNER, LP. and TRITON CONSTRUCTION COMPANY, LLC, 77 Water Street,Suite 2100 New York, New York 10005 Rei ABIMAEL TRUJILLO CRUZ v. 11 HOYT PROPERTY OWNER, L.P., et ano. hdex No.: 521854/2018 Dear Counselors, As you know, this office represents the Plaintiff in the above-referenced matter. Enclosed are Defendants' Plaintiff'sVerified Bill of Particulars, Response to Combined Discovery Demands, Plaintiff'sDemand for a Verified Bill of Particulars, Plaintiff's Notice of Discovery and Inspection and Plaintiff'sCombined Discovery Demands. Please note the RJI and Request for a Pre"-'--y Conference was filedelectronically. Should you have any questions or concems please do not hesitate to contact me. Very t yours, on 19fdSEIfso Encl(s). AD/jp FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 521854/2018 .... ........ _...............................-------X ABIMAEL TRUJILLO CRUZ, Plaintiff, RESPONSE TO -against- COMBINED DISCOVERY 11 HOYT PROPERTY OWNER, L.P. and DEMANDS TRITON CONSTRUCTION COMPANY, LLC, Defendants. Plaintiff, ABIMAEL TRUJILLO CRUZ, by his attorneys, LIAKAS LAW, P.C., as and for a response to Defendants 11 HOYT PROPERTY OWNER, L.P. and TRITON CONSTRUCTION COMPANY, LLC, Combined Discovery Demands, sets forth: RESPONSE TO DEMAND FOR SOCIAL SECURITY ADMINISTRATION: Upon information and belief, Plaintiff is neithera Medicaid nor Medicare beneficiary. RESPONSE TO DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION: Upon Workers' information and belief, Plaintiff's only collateral source is Compensation insurance. RESPONSE TO DEMAND FOR EMPLOYEE BENEFITS: Not applicable as to Plaintiff. RESPONSE TO DEMAND FOR AMBULANCE CALL REPORT: Not applicable as to Plaintiff. RESPONSE TO DEMAND FOR DAMAGES: Plaintiff demands ten million dollars ($10,M0,0%.00) in total damages. RESPONSE TO DEMAND FOR ECONOMIST-ACTUARY WITNESS INFORMATION: Plaintiff Dehdants' objects to demand as vague, cmhiguous, overbroad, unduly burders:-me and not reasonably calculated to lead to the disclosure of relevant evidence or the discovery of information bearing on the claim(s) made by Plaintiff herein. RESPONSE TO DEMAND FOR EMPLOYMENT RECORDS: Enclosed isan authorization to obtain Plaintiff's empicyment records. RESPONSE TO DEMAND FOR EXPERT WITNESS DISCLOSURE: Plaintiff will callhealth care providers at the time of trialwho will testify based upon the history of the trauma, the physical complai-ts FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 made by Plaintiff,the physical exeations conducted by the health care provider, the results of diagnostic testsperformed on Plaintiff, review of medical records and report of other health care providers who have treated and examined Plaintiff,the substance of which are contained in the narrative reports of said physician, as well as the health care providers education, training and expertise in their particular fieldof medicine. An expert response pursuant to CPLR 3101 (d) will be provided prior to trial. RESPONSE TO DEMAND FOR INCOME TAX AUTHORIZATION: Plaintiff objects to Defendants' demand as vague, a:nbiguous, overbroad, unduly t-ardcasome and not reasonably calculated to lead to the disdes-e of relevant evidence or the discovery of information bearing on the claim(s) made by Plaintiff herein. Not applicable. Plaintiff isnot self-employed. RESPONSE TO DEMAND FOR MEDICAL INFORMATION: Enclosed are Plaintiff's,ABIMAEL TRUJILLO CRUZ, medical records and/or HIPAA authorizations to obtain same from the follawing physicians and/or facilities: - Medical Community Imaging; - Main Street Radiology; - Pain Physicians NY; - Daniel Shapiro, M.D., F.A.A.P.M.R.; - City MD; - New York Presbyterian Medical Group/Queens; RESPONSE TO DEMAND FOR MEDICARE INFORMATION: Upon information and belief, Plaintiff isnot a Medicare beneficiary. RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF WITNESSES: Upon information and belief,Juan Carlos and Luis Sarimento witnessed the subject accident. Plaintiff isnot currently in possession of any addresses. RESPONSE TO DEMAND FOR PRIOR AND SUBSEQUENT CLAIMS: Plaintiffobjects to Defendants' demand as vague, ambiguous, overbroad, unduly burdensome and not reasonably calculated to lead to the disclosure of relevant evidcace or the discovery of information bearing on the claim(s) made by Plaintiff herein. FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 RESPONSE TO DEMAND FOR MEDICARE OR MEDICAID LIEN: Upon information and belief, Plaintiff isneither a Medicare nor Medicaid beneficiary. RESPONSE TO NOTICE TO PRODUCE PHOTOGRAPHS, BILLS AND ACCIDENT REPORTS: Enclosed are three (3) photographs. Plaintiff isnot in possession of any accident report at this time. RESPONSE TO PRODUCE SIGNED STATEMENTS PURSUANT TO CPLR 3101(E): Plaintiff is not in possession of any adverse party statements at thistime. RESPONSE TO DEMAND FOR MEDICAL INFORMATION PERTAINING TO PRE- Defedants' EXISTING CONDITIONS: Plaintiffobjects to demand as vague, ambiguous, overbroad, unduly burdensome and not reasonably calculated to lead to the disclosure of relevant evidence or the discovery of information bearing on the claim(s) made by Plaintiff herein. Defendants' RESPONSE TO DEMAND FOR FAMILY PLAN INSURANCE: Plaintiff objects to demand as vague, ambiguous, overbroad, unduly burdensome and not reasonably calculatM to lead to the disclosure of relevant evidence or the discovery of information bearing on the claim(s) made by Plaintiff herein. RESPONSE TO DEMAND PURSUANT TO 306-B: Enclosed is a copy of the index number purchased for the instant matter and Affidavit of Service. RESPONSE TO DEMAND FOR SCHOOL RECORDS: Not applicable as to Plaintiff. RESPONSE TO DEMAND FOR UNION RECORDS: Not applicable as to Plaintiff. PLEASE TAKE FURTHER NOTICE that Plaintiffreserves his rightto amend and/or supplement the above responses, ifand when additional information becomes available. Dated: New York, New York January 4, 2019 LIAKAS , P.C. ' Antho Atto ys forPlaintif 13* 65 Broadway, Floor New York, New York 10006 FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 212-937-7765 To; LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendants 11 HOYT PROPERTY OWNER, L.P. and TRITON CONSTRUCTION COMPANY, LLC, 77 Water Street, Suite 2100 New York, New York 10005 212-232-1300 FILED: KINGS COUNTY CLERK 09/24/2019 10:09 PM INDEX NO. 521854/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/24/2019 n80p0St, PRIORITYMAll $007.25a 01 /2019ZIP10006 042 1484301 SDot RECElVEDBY tD br"tEC'S Ali 1 5 200