Preview
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022
From: Jerry L. Lynch
To: "Lee M. Huttner"
Cc: De"Vante Montgomery; Eva Marie Figueroa; "Jean Marie Graziano"; "Bianca Cacace"
Subject: RE: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter
Date: Friday, July 15, 2022 1:56:52 PM
Attachments: Proposed CC Order - 7_15_2022.docx
Good Afternoon:
As previously mentioned, please find the attached proposed order for your review. Please add in whatever you feel is outstanding and we can
discuss what is disputed before the Court at some time that they decide. We will be submitting the request for a conference on Monday afternoon,
so please get the information you feel is outstanding, if any, added to the proposed order before then.
Kindly,
Jerry L. Lynch, Associate
Weber Gallagher
1500 Broadway, Suite 2401
New York, NY 10036
T: 646.585.7155 F: 929.342.6001
jlynch@wglaw.com, www.wglaw.com
Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of
the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at
973.242.1364.
Weber Gallagher Simpson Stapleton Fires & Newby LLP
From: Jerry L. Lynch
Sent: Friday, July 15, 2022 11:12 AM
To: 'Lee M. Huttner'
Cc: De'Vante Montgomery ; Eva Marie Figueroa ; Jean Marie Graziano
; Bianca Cacace
Subject: RE: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter
Thank you for the quick response. I will await word from Jean Marie and Bianca re: outstanding discovery from your office and then send the order
to your office for review in advance of sending the conference request form to the Court late Monday afternoon.
Jerry L. Lynch, Associate
Weber Gallagher
1500 Broadway, Suite 2401
New York, NY 10036
T: 646.585.7155 F: 929.342.6001
jlynch@wglaw.com, www.wglaw.com
Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of
the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at
973.242.1364.
Weber Gallagher Simpson Stapleton Fires & Newby LLP
From: Lee M. Huttner
Sent: Friday, July 15, 2022 11:10 AM
To: Jerry L. Lynch
Cc: De'Vante Montgomery ; Eva Marie Figueroa ; Jean Marie Graziano
; Bianca Cacace
Subject: Re: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter
EXTERNAL EMAIL
I am adding Jean Marie Graziano and Bianca Cacace from my office. They will handle the discover issues that can be agreed upon.
There is no possibility of my agreeing with you on the drug records, etc. so we will just let the Court decide. I appreciate your willingness to discuss
same.
Thank you and have a good weekend.
On Jul 15, 2022, at 11:06 AM, Jerry L. Lynch wrote:
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022
Good Morning Lee:
We will be requesting a court conference to resolve the discovery disputes over the authorizations and other records from prior to the
alleged incident (at least 7 years) to present, including drug/alcohol treatment. We need these records to ascertain plaintiff’s condition
prior to his alleged injuries. Drug and alcohol treatment has relevance in this case as the records from Holy Name show that plaintiff
was a prior heroin user (around the time of the alleged incident) and was on methadone, which as you may be aware, may have side
effects that could cause someone to trip or fall, including dizziness, hallucinations, and seizures. Per the records, plaintiff had been
taking methadone for years.
It is clear that records regarding plaintiff’s drug treatment and prescriptions are particularly relevant to this matter, and thus, we are
entitled to authorizations to obtain those records pursuant to case law. Per the Court’s rules for a requested conference, we will
prepare a proposed order resolving the outstanding discovery. Would you like to include any discovery in the order before we submit
the conference request? Please respond by Monday, July 18, 2022, by 3pm so that we can include your requests, if any.
I’d be glad to discuss this matter with you further over the phone and can be reached at the number below.
Sincerely,
Jerry L. Lynch, Associate
Weber Gallagher
1500 Broadway, Suite 2401
New York, NY 10036
T: 646.585.7155 F: 929.342.6001
jlynch@wglaw.com, www.wglaw.com
Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of
the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at
973.242.1364.
Weber Gallagher Simpson Stapleton Fires & Newby LLP
From: Lee M. Huttner
Sent: Friday, July 8, 2022 3:04 PM
To: De'Vante Montgomery
Cc: Jerry L. Lynch ; Eva Marie Figueroa
Subject: Re: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter
EXTERNAL EMAIL
Thank you. As per the case law that is all we are providing.
Lee Michael Huttner, Esq.
Subin Associates
150 Broadway
23rd Floor
New York, New York 10038
212-285-3800
Cell: 646-416-4630
Confidentiality Notice: This electronic mail transmission and any documents included is privileged and confidential and is intended
only for the review of the party to whom it is addressed. If you have received this transmission in error, please return it to the sender
immediately and delete it from your network server and/or hard drive. If you are not the intended recipient, you are hereby notified
that any dissemination, distribution or duplication is strictly prohibited. Unintended transmission shall not constitute a waiver of the
attorney-client or any other privilege.
On Jul 8, 2022, at 2:51 PM, De'Vante Montgomery wrote:
Dear Counselor:
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022
On behalf of Jerry L. Lynch, Esq, please find attached courtesy copy of our rejection letter of prior authorization
in the above matter.
One (1) copy has also been mailed out to you today Friday July 8, 2022.
Please contact Mr. Lynch with any questions or additional comments.
Thanks,
De’Vante Montgomery
De'Vante Montgomery, Paralegal
Weber Gallagher
1500 Broadway, Suite 2401
New York, NY 10036
T: 646.585.7144 F: 929.342.6001
dmontgomery@wglaw.com, www.wglaw.com
Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of
the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at
973.242.1364.
Weber Gallagher Simpson Stapleton Fires & Newby LLP
Lee Michael Huttner, Esq.
Lhuttner@subinlaw.com
Subin Associates
150 Broadway
23rd Floor
New York, New York 10038
Direct: 646-797-4635
Cell: 646-416-4630
Confidentiality Notice: This electronic mail transmission and any documents included is privileged and confidential and is intended only for the
review of the party to whom it is addressed. If you have received this transmission in error, please return it to the sender immediately and delete
it from your network server and/or hard drive. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or
duplication is strictly prohibited. Unintended transmission shall not constitute a waiver of the attorney-client or any other privilege.
Preview
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022 FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022 From: Jerry L. Lynch To: "Lee M. Huttner" Cc: De"Vante Montgomery; Eva Marie Figueroa; "Jean Marie Graziano"; "Bianca Cacace" Subject: RE: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter Date: Friday, July 15, 2022 1:56:52 PM Attachments: Proposed CC Order - 7_15_2022.docx Good Afternoon: As previously mentioned, please find the attached proposed order for your review. Please add in whatever you feel is outstanding and we can discuss what is disputed before the Court at some time that they decide. We will be submitting the request for a conference on Monday afternoon, so please get the information you feel is outstanding, if any, added to the proposed order before then. Kindly, Jerry L. Lynch, Associate Weber Gallagher 1500 Broadway, Suite 2401 New York, NY 10036 T: 646.585.7155 F: 929.342.6001 jlynch@wglaw.com, www.wglaw.com Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at 973.242.1364. Weber Gallagher Simpson Stapleton Fires & Newby LLP From: Jerry L. Lynch Sent: Friday, July 15, 2022 11:12 AM To: 'Lee M. Huttner' Cc: De'Vante Montgomery ; Eva Marie Figueroa ; Jean Marie Graziano ; Bianca Cacace Subject: RE: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter Thank you for the quick response. I will await word from Jean Marie and Bianca re: outstanding discovery from your office and then send the order to your office for review in advance of sending the conference request form to the Court late Monday afternoon. Jerry L. Lynch, Associate Weber Gallagher 1500 Broadway, Suite 2401 New York, NY 10036 T: 646.585.7155 F: 929.342.6001 jlynch@wglaw.com, www.wglaw.com Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at 973.242.1364. Weber Gallagher Simpson Stapleton Fires & Newby LLP From: Lee M. Huttner Sent: Friday, July 15, 2022 11:10 AM To: Jerry L. Lynch Cc: De'Vante Montgomery ; Eva Marie Figueroa ; Jean Marie Graziano ; Bianca Cacace Subject: Re: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter EXTERNAL EMAIL I am adding Jean Marie Graziano and Bianca Cacace from my office. They will handle the discover issues that can be agreed upon. There is no possibility of my agreeing with you on the drug records, etc. so we will just let the Court decide. I appreciate your willingness to discuss same. Thank you and have a good weekend. On Jul 15, 2022, at 11:06 AM, Jerry L. Lynch wrote: FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022 Good Morning Lee: We will be requesting a court conference to resolve the discovery disputes over the authorizations and other records from prior to the alleged incident (at least 7 years) to present, including drug/alcohol treatment. We need these records to ascertain plaintiff’s condition prior to his alleged injuries. Drug and alcohol treatment has relevance in this case as the records from Holy Name show that plaintiff was a prior heroin user (around the time of the alleged incident) and was on methadone, which as you may be aware, may have side effects that could cause someone to trip or fall, including dizziness, hallucinations, and seizures. Per the records, plaintiff had been taking methadone for years. It is clear that records regarding plaintiff’s drug treatment and prescriptions are particularly relevant to this matter, and thus, we are entitled to authorizations to obtain those records pursuant to case law. Per the Court’s rules for a requested conference, we will prepare a proposed order resolving the outstanding discovery. Would you like to include any discovery in the order before we submit the conference request? Please respond by Monday, July 18, 2022, by 3pm so that we can include your requests, if any. I’d be glad to discuss this matter with you further over the phone and can be reached at the number below. Sincerely, Jerry L. Lynch, Associate Weber Gallagher 1500 Broadway, Suite 2401 New York, NY 10036 T: 646.585.7155 F: 929.342.6001 jlynch@wglaw.com, www.wglaw.com Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at 973.242.1364. Weber Gallagher Simpson Stapleton Fires & Newby LLP From: Lee M. Huttner Sent: Friday, July 8, 2022 3:04 PM To: De'Vante Montgomery Cc: Jerry L. Lynch ; Eva Marie Figueroa Subject: Re: 0115410 Jackson v. Van Blarcom Closures, Inc. 19-00731435: Rejection Letter EXTERNAL EMAIL Thank you. As per the case law that is all we are providing. Lee Michael Huttner, Esq. Subin Associates 150 Broadway 23rd Floor New York, New York 10038 212-285-3800 Cell: 646-416-4630 Confidentiality Notice: This electronic mail transmission and any documents included is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please return it to the sender immediately and delete it from your network server and/or hard drive. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication is strictly prohibited. Unintended transmission shall not constitute a waiver of the attorney-client or any other privilege. On Jul 8, 2022, at 2:51 PM, De'Vante Montgomery wrote: Dear Counselor: FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/05/2022 On behalf of Jerry L. Lynch, Esq, please find attached courtesy copy of our rejection letter of prior authorization in the above matter. One (1) copy has also been mailed out to you today Friday July 8, 2022. Please contact Mr. Lynch with any questions or additional comments. Thanks, De’Vante Montgomery De'Vante Montgomery, Paralegal Weber Gallagher 1500 Broadway, Suite 2401 New York, NY 10036 T: 646.585.7144 F: 929.342.6001 dmontgomery@wglaw.com, www.wglaw.com Confidentiality Note: The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return email; and by telephone at 973.242.1364. Weber Gallagher Simpson Stapleton Fires & Newby LLP Lee Michael Huttner, Esq. Lhuttner@subinlaw.com Subin Associates 150 Broadway 23rd Floor New York, New York 10038 Direct: 646-797-4635 Cell: 646-416-4630 Confidentiality Notice: This electronic mail transmission and any documents included is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please return it to the sender immediately and delete it from your network server and/or hard drive. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication is strictly prohibited. Unintended transmission shall not constitute a waiver of the attorney-client or any other privilege.