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FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_________ __________________________________
_.··----X
PRISCILLA MARTINEZ,
Index No: 154062/2020
Plaintiff(s),
- against -
GOOD FAITH AFFIRMATION
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
----- X
SETH B. RUBINE, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms the following to be true under the penalties of perjury:
1. I am a partner at Rubine + Cha, LLC, attorneys for defendants, RITE AID OF
NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY, INC. and R.A.
REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC. As such, Iam fully familiar
with the facts and circumstances set forth herein.
2. I make this affirmation after having reviewed the contents of the file for the
defense of this action maintained by my office.
3. This Affirmation issubmitted pursuant to 22 NYCRR 202.7(a) (2) requiring that
a good faith effort be made prior to making a discovery-related motion.
4. On October 1, 2020, your affirmant sent a letter to plaintiff's counsel to
request missing information from the plaintiff's discovery, including a signed verification
from counsel or plaintiff, PRISCILLA MARTINEZ, for the Billof Particulars, a properly initialed
and executed HIPAA authorization for plaintiff's records from Mount Sinai St. Luke's
Hospital, a properly initiated and executed HIPAA authorization for plaintiff's records from
the ambulance service that transported her from the accident scene to the emergency
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FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020
room at Mount Sinai St. Luke's Hospital, and a specific dollar figure in response to
defendants' "E."
Demand for Damages. S_eeg Exhibit
5. Additionally, your affirmant's letter of October 1, 2020 attached as Exhibit
"E" defendants'
included requests for the following additional items in lieu of a formal
Notice for Discovery & Inspection:
• The name and address of the physician and/or medical facility that
diagnosed and/or treated the plaintiff for the left knee injury alleged
in the Billof Particulars
• The name and address of the physician and/or medical facility that
diagnosed and/or treated the plaintiff for the headaches alleged in the Bill
of Particulars
• The name and address of the physician and/or medical facility that
diagnosed and/or treated the plaintiff for vertigo alleged in the Bill of
Particulars
• The name and address of the physician and/or medical that
facility
diagnosed and/or treated the plaintiff for post-traumatic stress disorder
alleged in the Billof Particulars
• initialed and executed HIPAA authorizations for plaintiff's
Properly
records from any and all physicians and medical facilities that treated the
plaintiff for her motor vehicle accident as referenced in the January 22,
2018 physical therapy note from All Boro Medical Rehabilitation (see
enclosed)
• initialed and executed HIPAA authorizations for plaintiff's
Properly
records from any and all physicians and medical facilities that treated the
plaintiff for her prior left knee condition and surgery in 2017 as referenced
in the January 22, 2018 physical therapy note from All Boro Medical
Rehabilitation (see enclosed)
6. On October 7, 2020, your affirmant sent a letter to plaintiff's counsel to
request a fresh signed and notarized HIPAA authorization for records from Fidelis Care
because the original authorization provided by plaintiff's counsel was rejected. Se
"F."
Exhibit
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FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020
7. On October 23, 2020, your affirmant sent a good faith letter to plaintiff's
counsel to request compliance with your affirmant's October 1, 2020 letter within 10 days.
"G."
Sgg Exhibit
8. To date, no response from the plaintiff has been received and the plaintiff's
discovery remains outstanding.
9. Despite your affirmant's good faith efforts to obtain discovery from the
plaintiff, this issue remains unresolved.
10. Therefore, judicial intervention in the form of a Motion to Dismiss, Preclude,
and/or Compel is warranted and necessary.
1 1. To your affirmant's knowledge and belief, there are no prior applications
for the relief sought in the instant motion.
Dated: Glen Rock, New Jersey
December 7, 2020 RUBI CHA, LC
BY
S H B. RUBI , ESQ.
Attorneys for Defendants,
RITE AID OF NEW YORK, INC. i/s/h/a
sued herein as RITE AID OF NEW YORK
CITY, INC., and R.A. REAL ESTATE, INC.
s/h/a CATS 3531BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, New Jersey 07452
(201) 857-5815
TO:
Maria Zieber, Esq.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff,
PRISCILLA MARTINEZ
150 Broadway
New York, New York 10038
(212) 285-3800
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Preview
FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _________ __________________________________ _.··----X PRISCILLA MARTINEZ, Index No: 154062/2020 Plaintiff(s), - against - GOOD FAITH AFFIRMATION RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). ----- X SETH B. RUBINE, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am a partner at Rubine + Cha, LLC, attorneys for defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY, INC. and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC. As such, Iam fully familiar with the facts and circumstances set forth herein. 2. I make this affirmation after having reviewed the contents of the file for the defense of this action maintained by my office. 3. This Affirmation issubmitted pursuant to 22 NYCRR 202.7(a) (2) requiring that a good faith effort be made prior to making a discovery-related motion. 4. On October 1, 2020, your affirmant sent a letter to plaintiff's counsel to request missing information from the plaintiff's discovery, including a signed verification from counsel or plaintiff, PRISCILLA MARTINEZ, for the Billof Particulars, a properly initialed and executed HIPAA authorization for plaintiff's records from Mount Sinai St. Luke's Hospital, a properly initiated and executed HIPAA authorization for plaintiff's records from the ambulance service that transported her from the accident scene to the emergency 1 of 3 FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020 room at Mount Sinai St. Luke's Hospital, and a specific dollar figure in response to defendants' "E." Demand for Damages. S_eeg Exhibit 5. Additionally, your affirmant's letter of October 1, 2020 attached as Exhibit "E" defendants' included requests for the following additional items in lieu of a formal Notice for Discovery & Inspection: • The name and address of the physician and/or medical facility that diagnosed and/or treated the plaintiff for the left knee injury alleged in the Billof Particulars • The name and address of the physician and/or medical facility that diagnosed and/or treated the plaintiff for the headaches alleged in the Bill of Particulars • The name and address of the physician and/or medical facility that diagnosed and/or treated the plaintiff for vertigo alleged in the Bill of Particulars • The name and address of the physician and/or medical that facility diagnosed and/or treated the plaintiff for post-traumatic stress disorder alleged in the Billof Particulars • initialed and executed HIPAA authorizations for plaintiff's Properly records from any and all physicians and medical facilities that treated the plaintiff for her motor vehicle accident as referenced in the January 22, 2018 physical therapy note from All Boro Medical Rehabilitation (see enclosed) • initialed and executed HIPAA authorizations for plaintiff's Properly records from any and all physicians and medical facilities that treated the plaintiff for her prior left knee condition and surgery in 2017 as referenced in the January 22, 2018 physical therapy note from All Boro Medical Rehabilitation (see enclosed) 6. On October 7, 2020, your affirmant sent a letter to plaintiff's counsel to request a fresh signed and notarized HIPAA authorization for records from Fidelis Care because the original authorization provided by plaintiff's counsel was rejected. Se "F." Exhibit 2 of 3 FILED: NEW YORK COUNTY CLERK 12/07/2020 07:03 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/07/2020 7. On October 23, 2020, your affirmant sent a good faith letter to plaintiff's counsel to request compliance with your affirmant's October 1, 2020 letter within 10 days. "G." Sgg Exhibit 8. To date, no response from the plaintiff has been received and the plaintiff's discovery remains outstanding. 9. Despite your affirmant's good faith efforts to obtain discovery from the plaintiff, this issue remains unresolved. 10. Therefore, judicial intervention in the form of a Motion to Dismiss, Preclude, and/or Compel is warranted and necessary. 1 1. To your affirmant's knowledge and belief, there are no prior applications for the relief sought in the instant motion. Dated: Glen Rock, New Jersey December 7, 2020 RUBI CHA, LC BY S H B. RUBI , ESQ. Attorneys for Defendants, RITE AID OF NEW YORK, INC. i/s/h/a sued herein as RITE AID OF NEW YORK CITY, INC., and R.A. REAL ESTATE, INC. s/h/a CATS 3531BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, New Jersey 07452 (201) 857-5815 TO: Maria Zieber, Esq. SUBIN ASSOCIATES, LLP Attorneys for Plaintiff, PRISCILLA MARTINEZ 150 Broadway New York, New York 10038 (212) 285-3800 3 of 3