On June 08, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Priscilla Martinez,
and
Cats 3531 Broadway, Llc,
Rite Aid Of New York City Inc.,
for Torts - Other Negligence (Personal Injury)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021
"E"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021
sene.rumme, ase O 20s-esy-sess
RU B I N E + C H A ac
M 917-494.7384
ATTORNEYS AT LAW 65 HARRISTOWN ROAD, SUITE 203 p g77.533-9898
GLEN ROCK, NJ 07452
SRUBINE@RUBINECHA.COM RUBINECHA.COM
October 1, 2020
Vla Regular Mall and
E•mall - mzlehettillsubinlaw.com
Maria Zieber, Esq.
SUBIN ASSOCIATES, LLP
150 Broadway, 23S Floor
New York, NY 10038
Re: PriscillaMartinez v. Rite Aid of New York, inc., et al
New York County Supreme Court, Index No. 154062/2020
Your File No. 30031
Our File No. RAC-1334-2020
Dear Ms. Zieher
Thank you for providing the plaintiff's Billof Particulars and responses to Rite Aid's
Combined Discovery Demands in the above-referenced matter. Based upon my review,
I noted that there were several missing items, which are as follows:
• A signed verification from you or plaintiff, Priscilla Martinez, for the Billof
Particulars
• A properly initia!ed and executed HIPAA authorization for plaintiff's records
from Mount Sinai St. Luke's Hospital
• A initialed and executed HIPAA authorization for plaintiff's records
properly
from the ambulance service that transported her from the accident scene
to the emergency room at Mount Sinal St. Luke's Hospital
• A specific response to Rite Aid's Demand for Damages - what is the
plaintiff's settlement demand?
Separately, and in lieu of a more formal Notice for Discovery & Inspection, Rite Aid
isdemanding the following:
• The name and address of the physician and/or medical that
facility
diagnosed and/or treated the plaintiff for the left knee injury alleged in the
Billof Particulars
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021
sETH B. RUB1NE, ESG
• The name and address of the physician and/or medical that
facility
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 that
facility
diagnosed and/or treated the plaintiff for vertigo alleged in the Billof
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 allphysicians 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 Rehab!!!tation (see
enclosed)
• Properly . initiated and executed HIPAA authorizations for plaintiff's
records from any and allphysicians 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)
Lastly, we have received the plaintiff's written discovery demands and willrespond
accordingly.
I thank you in advance for your time and attsñtion to the foregoing. Should you
have any questions, please do not hesitate to contact me.
Very truly yours,
RUBINE + CHA, LLC
SETH B. RUBINE
SBR/Jn
Enclosure
PG2
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021
mmAL EVALUATION .
PatientName:
8(A
/
ablective Com ts: /A 1(,,.
• Assessment:
, • In
o w , .
n mit
Bo@ Pat . Raiiating To 0. 0
a
Rus LUs Short Term Goals:
per Pain
BaekPaIn
8
Lomr Palm RLE LLE
roveROM
- ·
crease mm stransh
Provebody me·chanics
R L .
Hips R L
. Knees R L Term Goals:
Long
AnkWFest R L
hh im/ /2t ra alizemm strength
__.. hpendes ADL
p.--IgEpendent HEP
Obiective Findings: Secommended Treatment
Dr--Tlf-erapeutic
Exercises
cal Stimulation
. tfColdpack
erapeutic
. Activities .
..D-¶ome ExerciseProgram
.
Prequency and Dantion of Visits:
Document Filed Date
June 17, 2021
Case Filing Date
June 08, 2020
Category
Torts - Other Negligence (Personal Injury)
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Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021 "E" EXHIBIT FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021 sene.rumme, ase O 20s-esy-sess RU B I N E + C H A ac M 917-494.7384 ATTORNEYS AT LAW 65 HARRISTOWN ROAD, SUITE 203 p g77.533-9898 GLEN ROCK, NJ 07452 SRUBINE@RUBINECHA.COM RUBINECHA.COM October 1, 2020 Vla Regular Mall and E•mall - mzlehettillsubinlaw.com Maria Zieber, Esq. SUBIN ASSOCIATES, LLP 150 Broadway, 23S Floor New York, NY 10038 Re: PriscillaMartinez v. Rite Aid of New York, inc., et al New York County Supreme Court, Index No. 154062/2020 Your File No. 30031 Our File No. RAC-1334-2020 Dear Ms. Zieher Thank you for providing the plaintiff's Billof Particulars and responses to Rite Aid's Combined Discovery Demands in the above-referenced matter. Based upon my review, I noted that there were several missing items, which are as follows: • A signed verification from you or plaintiff, Priscilla Martinez, for the Billof Particulars • A properly initia!ed and executed HIPAA authorization for plaintiff's records from Mount Sinai St. Luke's Hospital • A initialed and executed HIPAA authorization for plaintiff's records properly from the ambulance service that transported her from the accident scene to the emergency room at Mount Sinal St. Luke's Hospital • A specific response to Rite Aid's Demand for Damages - what is the plaintiff's settlement demand? Separately, and in lieu of a more formal Notice for Discovery & Inspection, Rite Aid isdemanding the following: • The name and address of the physician and/or medical that facility diagnosed and/or treated the plaintiff for the left knee injury alleged in the Billof Particulars FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021 sETH B. RUB1NE, ESG • The name and address of the physician and/or medical that facility 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 that facility diagnosed and/or treated the plaintiff for vertigo alleged in the Billof 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 allphysicians 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 Rehab!!!tation (see enclosed) • Properly . initiated and executed HIPAA authorizations for plaintiff's records from any and allphysicians 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) Lastly, we have received the plaintiff's written discovery demands and willrespond accordingly. I thank you in advance for your time and attsñtion to the foregoing. Should you have any questions, please do not hesitate to contact me. Very truly yours, RUBINE + CHA, LLC SETH B. RUBINE SBR/Jn Enclosure PG2 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/17/2021 mmAL EVALUATION . PatientName: 8(A / ablective Com ts: /A 1(,,. • Assessment: , • In o w , . n mit Bo@ Pat . Raiiating To 0. 0 a Rus LUs Short Term Goals: per Pain BaekPaIn 8 Lomr Palm RLE LLE roveROM - · crease mm stransh Provebody me·chanics R L . Hips R L . Knees R L Term Goals: Long AnkWFest R L hh im/ /2t ra alizemm strength __.. hpendes ADL p.--IgEpendent HEP Obiective Findings: Secommended Treatment Dr--Tlf-erapeutic Exercises cal Stimulation . tfColdpack erapeutic . Activities . ..D-¶ome ExerciseProgram . Prequency and Dantion of Visits: