Preview
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
OMAR TORRES, Index No: 155216/2022
Plaintiff, CERTIFICATION
- against -
ROOSEVELT ISLAND OPERATING CORPORATION,
MANHATTAN PARK HOLDINGS, L.P., MANHATTAN
PARK PROPERTIES LLC, GRC MANAGEMENT, LLC,
FINEST WINDOW, INC., and GRENADIER REALTY
CORP.,
Defendants.
---------------------------------------------------------------------X
The undersigned, an attorney admitted to the practice of law in the Courts of New
York affixes her signature hereto pursuant to NYCRR 130-1.1.
The accompanying documents are so certified by this signature:
1. Notice to Take Deposition;
2. Demand for Verified Bill of Particulars;
3. Combined Demands;
4. Demand Pursuant to the Medicare, Medicaid and Schip Extension Act of
2007;
5. Notice to Produce Social Media Content and Data;
6. Notice to Preserve and Demand to Conduct Pre-Surgery Physical
Examination; and
7. Notice of Discovery and Inspection.
DATED: November 28, 2022
Port Chester, New York Joseph T. Redd
1 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
OMAR TORRES, Index No: 155216/2022
Plaintiff, NOTICE TO TAKE
DEPOSITION
- against -
ROOSEVELT ISLAND OPERATING CORPORATION,
MANHATTAN PARK HOLDINGS, L.P., MANHATTAN
PARK PROPERTIES LLC, GRC MANAGEMENT, LLC,
FINEST WINDOW, INC., and GRENADIER REALTY
CORP.,
Defendants.
---------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Laws and
Rules, the testimony, upon oral examination of ALL PARTIES as adverse parties will be
taken before a disinterested Notary Public who is not an attorney or employee of an
attorney, for any party or prospective party herein and is not a person who would be
disqualified to act as a juror because of interest or because of consanguinity or affinity to
any party herein as follows:
Date and Time: February 6, 2022 at 10:00 a.m.
Location: The Law Office of O’Connor Redd Orlando LLP
242 King Street
Port Chester, New York 10573
(914) 686-1700
with respect to evidence material and necessary in the prosecution-defense of this action.
That said person(s) to be examined are required at such examination to produce the
following:
1. Any and all exhibits, papers and/or documents relative to this claim.
2. Any accident report prepared by or on behalf of each witness.
3. All medical bills and receipts, cancelled checks, or estimates, relating
to special damages claimed.
4. If lost earnings claimed, Federal and State Income tax returns
covering the year(s) when loss is claimed and two years prior and one
year thereafter.
2 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
5. Any contract, leases or documents relied upon with respect to this
claim.
DATED: November 28, 2022 Yours, etc.
Port Chester, New York
O’CONNOR REDD ORLANDO LLP
By: See annexed Certification
Joseph T. Redd, Esq.
Attorneys for Defendant
FINEST WINDOW, INC.
PO Box 1000|242 King Street
Port Chester, New York 10573
Main 914-686-1700|Fax 914-328-3184
TO: SHULMAN & HILL, PLLC
Attorneys for Plaintiff
One State Street Plaza, 15th Floor
New York, New York 10004
(212) 221-1000
BROWNELL PARTNERS, PLLC
Attorneys for Defendant
ROOSEVELT ISLAND OPERATING CORPORATION
15 Maiden Lane, Suite 1001
New York, New York 10038
(212) 390-0151
2
3 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
OMAR TORRES, Index No: 155216/2022
Plaintiff, DEMAND FOR VERIFIED
BILL OF PARTICULARS
- against -
ROOSEVELT ISLAND OPERATING CORPORATION,
MANHATTAN PARK HOLDINGS, L.P., MANHATTAN
PARK PROPERTIES LLC, GRC MANAGEMENT, LLC,
FINEST WINDOW, INC., and GRENADIER REALTY
CORP.,
Defendants.
---------------------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE that this answering defendant hereby demands that
plaintiff serve upon the undersigned within twenty (20) days from the date of service of this
demand a Verified Bill of Particulars as to each and every item set forth below pursuant to
Sections 3041, 3042, 3043 and 3044 of the C.P.L.R.:
1. The date of birth and social security number of plaintiff.
2. (a) The present address of plaintiff.
(b) The address of plaintiff at the time of the occurrence complained of
herein.
(c) The date and time of the day of the occurrence.
3. Any name used by the plaintiff other than as set forth in the Complaint herein.
4. If the occurrence happened on a floor or hallway, set forth the following
particulars:
(a) State on which floor or hallway of the aforesaid premises, and in what
portion of said floor or hallway, the alleged accident occurred, giving
the location of same, in feet, with respect to the nearest door or other
specified location in sufficient detail to permit definite identification of
the place where plaintiff claims he fell.
(b) State what is claimed caused plaintiff's injury (fall);
(c) State the nature of the alleged slippery substance, if any, describing
4 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
it in sufficient detail to permit definite identification;
(d) State the nature and character of the alleged refuse and debris, if
any;
(e) Describe the alleged dangerous and defective condition;
(f) Describe the alleged obstruction, if any;
(g) Whether the plaintiff was entering or leaving the premises at the time.
5. If the occurrence took place upon a stairway, set forth the following particulars:
(a) State the location of the stairway upon which plaintiff claims the
accident occurred, stating between what floors situated;
(b) State on which step or steps plaintiff claims he fell, identifying the
stairway and step in sufficient detail to permit definite identification;
also the particular step or steps on said stairway, counting from the
bottom or top thereof;
(c) State whether plaintiff was ascending or descending said stairway;
(d) State what it is claimed caused plaintiff's injury (fall);
(e) State the nature of the alleged slippery substance, if any, describing
it in sufficient detail to permit definite identification;
(f) State the nature and character of the alleged refuse and debris, if
any;
(g) Describe the alleged dangerous and defective condition;
(h) Describe the alleged obstruction, if any.
6. State the exact manner in which the accident occurred.
7. If the occurrence took place upon a ladder, set forth the following particulars:
(a) State the location of the ladder upon which plaintiff claims the
accident occurred, stating between what floors situated;
(b) State on which step or steps plaintiff claims he fell,identifying the
ladder and step in sufficient detail to permit definite identification; also
the particular step or steps on said ladder, counting from the bottom
or top thereof;
2
5 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(c) State whether plaintiff was ascending or descending said ladder;
(d) State what it is claimed caused plaintiff's injury (fall);
(e) State the nature of the alleged slippery substance, if any, describing
it in sufficient detail to permit definite identification;
(f) State the nature and character of the alleged refuse and debris, if
any;
(g) Describe the alleged dangerous and defective condition;
(h) Describe the alleged obstruction, if any.
8. If the accident is claimed to have occurred on a scaffold then set forth the
following particulars:
(a) State each and every part of or component part of the scaffold which
plaintiff alleges was either defective or in a dangerous condition at the
time of the occurrence referred to in the Complaint;
(b) Identify the make, model, serial number and year of manufacture of
the scaffold in the occurrence;
(c) State the names of all persons who erected or aided in the erection
of the aforementioned scaffold;
(d) State the distance between the ground or floor that the scaffold was
resting on and the deck or platform of the scaffold, at the time and
place described in the Complaint;
(e) State the manner in which the scaffold was attached or suspended at
the time of the occurrence.
9. If work at, in or near the premises is claimed to have caused the accident:
(a) Describe the work involved;
(b) Describe the location within the premises of said work, described in
adequate detail to permit ready identification and location;
(c) What portions of the work were defective;
(d) What was the nature of each defect and what was its location;
(e) In what manner did the alleged defective work cause the occurrence.
3
6 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
10. If the accident is claimed to have happened in the manner not covered by
items 4, 5, 6, 7 and 8 of this Demand, then set forth in detail:
(a) The manner in which it is alleged to have happened;
(b) The exact location thereof;
(c) The condition, if any, which is alleged to have caused the accident;
and
(d) In what respects the condition complained of was defective.
11. With respect to the lighting and lighting conditions at the time of the alleged
occurrence about, around, above or within the location of such occurrence:
(a) Describe the lighting conditions as fully and completely as possible;
and
(b) State whether the lighting or the absence of it will be alleged to be a
particular upon which plaintiff will rely at the time of trial as an issue
of liability.
12. Specify in detail those proper safeguards which this answering defendant
allegedly failed to implement in order to prevent injury to the plaintiff.
13. If it is alleged this defendant caused or created the condition, state the name
and address of the person who created the condition and date thereof .
14. An exact description of the occurrence alleged in the Complaint herein.
15. A general statement of the acts or omissions of each defendant constituting
any negligence claimed and the specific manner in which such acts either caused or
contributed to this accident.
16. Whether actual or constructive notice of any defective or dangerous condition
or activity is claimed; and, if so, set forth the nature and extent of such condition or activity.
17. If actual notice is claimed, then set forth the following:
(a) The date or dates of each said notice;
(b) The names of the agents and/or servants of the defendant to whom
said actual notice was allegedly given on each such date;
(c) By whom said actual notice was allegedly given on each such dates;
and
4
7 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(d) The substance of each such notice.
18. If constructive notice is claimed, the length of time said condition is alleged
to have existed prior to the happening of the alleged occurrence. If the length of time is
not known, so state.
19. Set forth:
(a) A description of each and every injury claimed by plaintiff.
(b) State specifically whether or not plaintiff sustained a significant
disfigurement. If so, state the nature and location of that
disfigurement.
(c) State whether or not plaintiff sustained a fracture. If so, state the type
and location of each fracture.
20. (a) A description of each and every injury claimed to be permanent.
(b) State whether or not plaintiff sustained a permanent consequential
limitation of a body function or system; if so, set forth the permanent
consequential limitation and body function or system involved.
(c) State whether or not plaintiff sustained a permanent loss of use of a
body organ, member, function or system; if so, state the body organ,
member, function or system.
(d) State whether plaintiff sustained a medically determined injury or
impairment of a non-permanent nature; if so, set forth the period of
time that injury or impairment prevented plaintiff from performing
substantially all of the material acts which constituted the plaintiff's
usual and customary daily activity.
21. A description of any and all medical treatment received as a result of the
above-described injuries, setting forth exact treatment dates, the nature of said treatment
and any anticipated future treatment.
22. (a) The nature of plaintiff's occupation or employment.
(b) The length of time plaintiff will claim lost time from such occupation or
employment.
(c) The name and address of plaintiff's employer at the time of the
alleged occurrence.
(d) The name and address of plaintiff's present employer.
5
8 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(e) The average weekly, monthly or yearly salary of the plaintiff at the
time of the alleged occurrence.
23. The length of time plaintiff was confined to a hospital and the name and
address of said hospital(s).
24. (a) Length of time plaintiff was confined to bed.
(b) Length of time plaintiff was confined to home.
25. The amount claimed as special damages for:
(a) Physicians' services listing each doctor and the amount of his bill
separately and the address of each said doctor setting forth each and
every visit made to said doctor.
(b) Hospital expenses listing each and every hospital and the amount of
its bill separately.
(c) Nurses' services.
(d) Loss of earnings setting forth how this amount was computed.
(e) Medical supplies.
(f) X-rays.
(g) Each and every other item claimed as a special damage.
26. State whether or not plaintiff had or has any pre-existing injury or condition
to the part(s) of his body for which it is claimed was injured as a result of the alleged
negligence of this (these) defendant(s).
27. State whether or not plaintiff received or is receiving any of the following
benefits:
(a) Social Security Disability
(b) Supplemental Security Income (SSI)
(c) Disability Benefits
(d) Workmen's Compensation Benefits
(e) Social Security Benefits (food stamps, home relief, ADC, etc.)
6
9 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(f) Disability Pension Benefits
(g) Medicare
(h) Medicaid.
If so, set forth the amount of same on a weekly or monthly basis, when the receipt
of said income was commenced and when it is anticipated said benefit will
terminate.
28. As to the bills for medical, hospital, physician services, nurses, surgical
appliances and other special damages claimed, state the following:
(a) The name of the insurance carrier providing benefits.
(b) Name of the health plan and policy number.
(c) Out of pocket expenses by plaintiff not covered by health insurance.
(d) If there is any co-insurance paid, the name of the co-insurance carrier
and the amount of benefits paid.
29. If plaintiff is making a claim of being prevented from pursuing any activities
as a result of injuries or conditions referred to in the Complaint, then with respect to each
such activity, set forth the following particulars:
(a) A description thereof;
(b) Dates during which plaintiff was prevented from pursuing such
activity, and if continuing to prevent, so state;
(c) How the injuries or conditions allegedly prevented plaintiff from
pursuing such activity;
(d) The amount of damages claimed as a result and the specific method
used for computation of same.
30. If plaintiff is claiming any other loss of income, profit or earnings as a result
of injuries or conditions referred to in the Complaint, then with respect to each such loss,
set forth the following particulars:
(a) The nature and source of income;
(b) Statement of how each item of such loss is computed and the total
thereof.
7
10 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
31. If as a result of the incident complained of herein, plaintiff has made a claim
for or received any health or accident insurance benefits, no-fault benefits, worker's
compensation payments, disability benefits, pension, accident compensation payments or
veterans disability compensation awards, then state for each:
(a) The circumstances under which the plaintiff received the benefits or
awards or payments;
(b) The illness, injury or injuries for which plaintiff received the benefits or
awards or payments;
(c) The names and addresses of the examining doctors for each injury or
illness;
(d) The names of the superiors, officers, boards or tribunals before which
or to whom the claim or claims are made or filed; dates made or filed;
and their respective docket numbers;
(e) The amount of the benefits or awards for payments;
(f) The dates covering the time span during which the plaintiff received
the benefits or awards or payments; and
(g) The names and addresses of the agencies or insurance companies
from whom the plaintiff received the awards, benefits or payments,
the date of filing of such claim or claims and their docket numbers.
32. State in what respects it will be claimed the defendant failed to comply with
Section 240 of the Labor Law.
33. State in what respects it will be claimed the defendant failed to comply with
Section 241 of the Labor Law.
(a) Specify each and every Industrial Code section allegedly violated by
defendant.
(b) Specify each and every OSHA Standard allegedly violated by
defendant.
34. State in what respects it will be claimed the defendant failed to comply with
Section 241-a of the Labor Law.
35. If there is a claim for loss of consortium or services, set forth in detail the
specifics relating to such claim, specifying what portion of such services are attributed to
the following:
8
11 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(a) Household chores or duties;
(b) Social relations outside the home;
(c) Companionship;
(d) Change in disposition, temperament and character;
(e) Loss of interest in the home;
(f) Loss of interest in the comfort, happiness, education and general
welfare of members of the household;
(g) Change in acts of affection, love and sexual intercourse;
(h) Injuries, ailments or disabilities and the manner in which same has
affected the home; and
(I) Any other claims for loss of services or consortium and the manner of
computation thereof.
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to
comply with the foregoing demand within twenty (20) days, the defendant will move to
preclude the offering of any evidence as to the matters herein demanded.
DATED: November 28, 2022 Yours, etc.
Port Chester, New York
O’CONNOR REDD ORLANDO LLP
By: See annexed Certification
Joseph T. Redd, Esq.
Attorneys for Defendant
FINEST WINDOW, INC.
PO Box 1000|242 King Street
Port Chester, New York 10573
Main 914-686-1700|Fax 914-328-3184
TO: SHULMAN & HILL, PLLC
Attorneys for Plaintiff
One State Street Plaza, 15th Floor
New York, New York 10004
(212) 221-1000
9
12 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
BROWNELL PARTNERS, PLLC
Attorneys for Defendant
ROOSEVELT ISLAND OPERATING CORPORATION
15 Maiden Lane, Suite 1001
New York, New York 10038
(212) 390-0151
10
13 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
OMAR TORRES, Index No: 155216/2022
Plaintiff, COMBINED DEMANDS
- against -
ROOSEVELT ISLAND OPERATING CORPORATION,
MANHATTAN PARK HOLDINGS, L.P., MANHATTAN
PARK PROPERTIES LLC, GRC MANAGEMENT, LLC,
FINEST WINDOW, INC., and GRENADIER REALTY
CORP.,
Defendants.
---------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to CPLR Article 30, §3017; Article 31,
§§3101, 3017, 3120 and 3121, and Article 45 §4545, the undersigned hereby demands
that all parties respond to the following demands, within twenty (20) days:
DEMANDS DIRECTED TO PLAINTIFF:
1. DEMAND FOR MEDICAL AND HOSPITAL INFORMATION\MEDICAL
REPORTS AND AUTHORIZATIONS
Demand is hereby made that you provide copies of medical reports of all
physicians who have treated or examined the Plaintiff.
The undersigned further demands that said reports shall include a detailed
recital of injuries and conditions as to which testimony will be offered at the trial and
referring to and identifying those X-rays and technicians' reports which will be offered at
the trial; and, further, demands that duly written and notarized authorizations
permitting the undersigned to obtain and make copies of all EMS/EMT records,
hospital records, medical reports and records of all physicians, chiropractors,
radiologists, physical therapists and any other health care providers who have treated or
examined the Plaintiff, for any injury or exacerbation alleged, and such other records,
including X-ray, MRI, CT Scans, DTI or other imaging and technicians' reports, and all
neuropsychiatric tests, cognitive rehabilitation testing or exercises, including all underling
“raw date” being interpreted in any such test or study, as may be referred to and identified
in the aforementioned physicians' statements or records, be served upon and delivered to
the undersigned.
IT IF FURTHER DEMANDED that a separate authorization be provided
allowing release of radiology films and reports from the Department of Radiology in
any facility and or hospital plaintiff was treated.
14 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
Said authorizations MUST comply with the HIPAA Privacy
Rule.
PLEASE TAKE NOTICE that if loss of enjoyment of life is
claimed, said authorizations must be unlimited.
2. DEMAND FOR EMPLOYMENT AND TAX RETURN
AUTHORIZATIONS
Demand is hereby made upon you to provide:
(a) Copy and/or authorization to obtain Plaintiff's IRS income tax returns
for 5 years prior to the accident, specifically, IRS Form 8821.
(b) Authorizations for all employment records in possession of each of
plaintiff's employers for the five years including and preceding the
date of accident, and to present, including employment applications,
personnel and other "human resources" records, health benefits
records, training, education or certification records, performance
reviews, disciplinary actions, payroll records, vacation, furlough or
other paid or non-paid time away from work (including any
applications for or periods of disability, medical, family or other leave);
(c) Authorizations pertaining to employment for release of W2's, salary,
No Fault records, and health/medical benefits information.
3. DEMAND FOR UNION RECORDS
Demand is hereby made that you provide authorizations for all records in
possession of any Union of which plaintiff was member at time of accident and any union
of which plaintiff was/is a member in the 5 years preceding date of accident and to date,
including records of union membership enrollment, any union education or training,
membership status advancements (apprentice/journeyman/steward), all employment
records including wages paid, benefit contributions paid, withholdings, union dues
payments, pension contributions, other union benefit contributions made, union member
benefit plan descriptions, including any vacation fund and pension vesting requirements,
and copies of current and prior union trade contracts setting forth Union contracted wage
and benefit terms for 6 years preceding date of accident and to date, including current
trade contract.
4. DEMAND FOR WORKERS’ COMPENSATION
RECORDS/AUTHORIZATIONS
Demand is hereby made that you provide:
2
15 of 42
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022
(a) NYS Workers’ Compensation Board Form OC-110-A Claimant’s
Authorization to Disclose Workers’ Compensation Records with the
WCB#, SOC and Date of Loss.
(b) Duly executed and notarized authorization permitting release of the
records from the workers’ compensation carrier.
(c) Authorization directing plaintiff’s Workers Compensation attorney(s)
to release all non-privileged portions of their file for plaintiff’s
application for and receipt of Workers Compensation benefits,
including copies of all hearing transcripts, decisions and appeals.
5. DEMAND FOR DISABILITY RECORDS
Demand is hereby made that you provide, if a disability claim has been or will
be made, pursuant to the terms of the Social Security Laws, with respect to each and every
applications and/or claim:
(a) Set forth the claim office, address and the claim number assigned.
(b) Provide duly executed, acknowledged and HIPAA compliant written
authorizations enabling the undersigned to obtain copies of the
records relating to the plaintiff.
6. DEMAND FOR COLLATERAL SOURCE INFORMATION
Demand is hereby made that you provide the following:
(a) The names, addresses and amounts received to date from all
persons, firms, or organizations which have reimbursed plaintiff for
the cost of medical care, custodial care, rehabilitation services, loss
of earnings or other economic loss, and other costs including but not
limited to:
i. Insurance;
ii. Social Security Benefits;
iii. Workers’ Compensation Benefits;
iv. Disability Benefits;
Preview
FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X OMAR TORRES, Index No: 155216/2022 Plaintiff, CERTIFICATION - against - ROOSEVELT ISLAND OPERATING CORPORATION, MANHATTAN PARK HOLDINGS, L.P., MANHATTAN PARK PROPERTIES LLC, GRC MANAGEMENT, LLC, FINEST WINDOW, INC., and GRENADIER REALTY CORP., Defendants. ---------------------------------------------------------------------X The undersigned, an attorney admitted to the practice of law in the Courts of New York affixes her signature hereto pursuant to NYCRR 130-1.1. The accompanying documents are so certified by this signature: 1. Notice to Take Deposition; 2. Demand for Verified Bill of Particulars; 3. Combined Demands; 4. Demand Pursuant to the Medicare, Medicaid and Schip Extension Act of 2007; 5. Notice to Produce Social Media Content and Data; 6. Notice to Preserve and Demand to Conduct Pre-Surgery Physical Examination; and 7. Notice of Discovery and Inspection. DATED: November 28, 2022 Port Chester, New York Joseph T. Redd 1 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X OMAR TORRES, Index No: 155216/2022 Plaintiff, NOTICE TO TAKE DEPOSITION - against - ROOSEVELT ISLAND OPERATING CORPORATION, MANHATTAN PARK HOLDINGS, L.P., MANHATTAN PARK PROPERTIES LLC, GRC MANAGEMENT, LLC, FINEST WINDOW, INC., and GRENADIER REALTY CORP., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Laws and Rules, the testimony, upon oral examination of ALL PARTIES as adverse parties will be taken before a disinterested Notary Public who is not an attorney or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein as follows: Date and Time: February 6, 2022 at 10:00 a.m. Location: The Law Office of O’Connor Redd Orlando LLP 242 King Street Port Chester, New York 10573 (914) 686-1700 with respect to evidence material and necessary in the prosecution-defense of this action. That said person(s) to be examined are required at such examination to produce the following: 1. Any and all exhibits, papers and/or documents relative to this claim. 2. Any accident report prepared by or on behalf of each witness. 3. All medical bills and receipts, cancelled checks, or estimates, relating to special damages claimed. 4. If lost earnings claimed, Federal and State Income tax returns covering the year(s) when loss is claimed and two years prior and one year thereafter. 2 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 5. Any contract, leases or documents relied upon with respect to this claim. DATED: November 28, 2022 Yours, etc. Port Chester, New York O’CONNOR REDD ORLANDO LLP By: See annexed Certification Joseph T. Redd, Esq. Attorneys for Defendant FINEST WINDOW, INC. PO Box 1000|242 King Street Port Chester, New York 10573 Main 914-686-1700|Fax 914-328-3184 TO: SHULMAN & HILL, PLLC Attorneys for Plaintiff One State Street Plaza, 15th Floor New York, New York 10004 (212) 221-1000 BROWNELL PARTNERS, PLLC Attorneys for Defendant ROOSEVELT ISLAND OPERATING CORPORATION 15 Maiden Lane, Suite 1001 New York, New York 10038 (212) 390-0151 2 3 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X OMAR TORRES, Index No: 155216/2022 Plaintiff, DEMAND FOR VERIFIED BILL OF PARTICULARS - against - ROOSEVELT ISLAND OPERATING CORPORATION, MANHATTAN PARK HOLDINGS, L.P., MANHATTAN PARK PROPERTIES LLC, GRC MANAGEMENT, LLC, FINEST WINDOW, INC., and GRENADIER REALTY CORP., Defendants. ---------------------------------------------------------------------X SIRS: PLEASE TAKE NOTICE that this answering defendant hereby demands that plaintiff serve upon the undersigned within twenty (20) days from the date of service of this demand a Verified Bill of Particulars as to each and every item set forth below pursuant to Sections 3041, 3042, 3043 and 3044 of the C.P.L.R.: 1. The date of birth and social security number of plaintiff. 2. (a) The present address of plaintiff. (b) The address of plaintiff at the time of the occurrence complained of herein. (c) The date and time of the day of the occurrence. 3. Any name used by the plaintiff other than as set forth in the Complaint herein. 4. If the occurrence happened on a floor or hallway, set forth the following particulars: (a) State on which floor or hallway of the aforesaid premises, and in what portion of said floor or hallway, the alleged accident occurred, giving the location of same, in feet, with respect to the nearest door or other specified location in sufficient detail to permit definite identification of the place where plaintiff claims he fell. (b) State what is claimed caused plaintiff's injury (fall); (c) State the nature of the alleged slippery substance, if any, describing 4 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 it in sufficient detail to permit definite identification; (d) State the nature and character of the alleged refuse and debris, if any; (e) Describe the alleged dangerous and defective condition; (f) Describe the alleged obstruction, if any; (g) Whether the plaintiff was entering or leaving the premises at the time. 5. If the occurrence took place upon a stairway, set forth the following particulars: (a) State the location of the stairway upon which plaintiff claims the accident occurred, stating between what floors situated; (b) State on which step or steps plaintiff claims he fell, identifying the stairway and step in sufficient detail to permit definite identification; also the particular step or steps on said stairway, counting from the bottom or top thereof; (c) State whether plaintiff was ascending or descending said stairway; (d) State what it is claimed caused plaintiff's injury (fall); (e) State the nature of the alleged slippery substance, if any, describing it in sufficient detail to permit definite identification; (f) State the nature and character of the alleged refuse and debris, if any; (g) Describe the alleged dangerous and defective condition; (h) Describe the alleged obstruction, if any. 6. State the exact manner in which the accident occurred. 7. If the occurrence took place upon a ladder, set forth the following particulars: (a) State the location of the ladder upon which plaintiff claims the accident occurred, stating between what floors situated; (b) State on which step or steps plaintiff claims he fell,identifying the ladder and step in sufficient detail to permit definite identification; also the particular step or steps on said ladder, counting from the bottom or top thereof; 2 5 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (c) State whether plaintiff was ascending or descending said ladder; (d) State what it is claimed caused plaintiff's injury (fall); (e) State the nature of the alleged slippery substance, if any, describing it in sufficient detail to permit definite identification; (f) State the nature and character of the alleged refuse and debris, if any; (g) Describe the alleged dangerous and defective condition; (h) Describe the alleged obstruction, if any. 8. If the accident is claimed to have occurred on a scaffold then set forth the following particulars: (a) State each and every part of or component part of the scaffold which plaintiff alleges was either defective or in a dangerous condition at the time of the occurrence referred to in the Complaint; (b) Identify the make, model, serial number and year of manufacture of the scaffold in the occurrence; (c) State the names of all persons who erected or aided in the erection of the aforementioned scaffold; (d) State the distance between the ground or floor that the scaffold was resting on and the deck or platform of the scaffold, at the time and place described in the Complaint; (e) State the manner in which the scaffold was attached or suspended at the time of the occurrence. 9. If work at, in or near the premises is claimed to have caused the accident: (a) Describe the work involved; (b) Describe the location within the premises of said work, described in adequate detail to permit ready identification and location; (c) What portions of the work were defective; (d) What was the nature of each defect and what was its location; (e) In what manner did the alleged defective work cause the occurrence. 3 6 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 10. If the accident is claimed to have happened in the manner not covered by items 4, 5, 6, 7 and 8 of this Demand, then set forth in detail: (a) The manner in which it is alleged to have happened; (b) The exact location thereof; (c) The condition, if any, which is alleged to have caused the accident; and (d) In what respects the condition complained of was defective. 11. With respect to the lighting and lighting conditions at the time of the alleged occurrence about, around, above or within the location of such occurrence: (a) Describe the lighting conditions as fully and completely as possible; and (b) State whether the lighting or the absence of it will be alleged to be a particular upon which plaintiff will rely at the time of trial as an issue of liability. 12. Specify in detail those proper safeguards which this answering defendant allegedly failed to implement in order to prevent injury to the plaintiff. 13. If it is alleged this defendant caused or created the condition, state the name and address of the person who created the condition and date thereof . 14. An exact description of the occurrence alleged in the Complaint herein. 15. A general statement of the acts or omissions of each defendant constituting any negligence claimed and the specific manner in which such acts either caused or contributed to this accident. 16. Whether actual or constructive notice of any defective or dangerous condition or activity is claimed; and, if so, set forth the nature and extent of such condition or activity. 17. If actual notice is claimed, then set forth the following: (a) The date or dates of each said notice; (b) The names of the agents and/or servants of the defendant to whom said actual notice was allegedly given on each such date; (c) By whom said actual notice was allegedly given on each such dates; and 4 7 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (d) The substance of each such notice. 18. If constructive notice is claimed, the length of time said condition is alleged to have existed prior to the happening of the alleged occurrence. If the length of time is not known, so state. 19. Set forth: (a) A description of each and every injury claimed by plaintiff. (b) State specifically whether or not plaintiff sustained a significant disfigurement. If so, state the nature and location of that disfigurement. (c) State whether or not plaintiff sustained a fracture. If so, state the type and location of each fracture. 20. (a) A description of each and every injury claimed to be permanent. (b) State whether or not plaintiff sustained a permanent consequential limitation of a body function or system; if so, set forth the permanent consequential limitation and body function or system involved. (c) State whether or not plaintiff sustained a permanent loss of use of a body organ, member, function or system; if so, state the body organ, member, function or system. (d) State whether plaintiff sustained a medically determined injury or impairment of a non-permanent nature; if so, set forth the period of time that injury or impairment prevented plaintiff from performing substantially all of the material acts which constituted the plaintiff's usual and customary daily activity. 21. A description of any and all medical treatment received as a result of the above-described injuries, setting forth exact treatment dates, the nature of said treatment and any anticipated future treatment. 22. (a) The nature of plaintiff's occupation or employment. (b) The length of time plaintiff will claim lost time from such occupation or employment. (c) The name and address of plaintiff's employer at the time of the alleged occurrence. (d) The name and address of plaintiff's present employer. 5 8 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (e) The average weekly, monthly or yearly salary of the plaintiff at the time of the alleged occurrence. 23. The length of time plaintiff was confined to a hospital and the name and address of said hospital(s). 24. (a) Length of time plaintiff was confined to bed. (b) Length of time plaintiff was confined to home. 25. The amount claimed as special damages for: (a) Physicians' services listing each doctor and the amount of his bill separately and the address of each said doctor setting forth each and every visit made to said doctor. (b) Hospital expenses listing each and every hospital and the amount of its bill separately. (c) Nurses' services. (d) Loss of earnings setting forth how this amount was computed. (e) Medical supplies. (f) X-rays. (g) Each and every other item claimed as a special damage. 26. State whether or not plaintiff had or has any pre-existing injury or condition to the part(s) of his body for which it is claimed was injured as a result of the alleged negligence of this (these) defendant(s). 27. State whether or not plaintiff received or is receiving any of the following benefits: (a) Social Security Disability (b) Supplemental Security Income (SSI) (c) Disability Benefits (d) Workmen's Compensation Benefits (e) Social Security Benefits (food stamps, home relief, ADC, etc.) 6 9 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (f) Disability Pension Benefits (g) Medicare (h) Medicaid. If so, set forth the amount of same on a weekly or monthly basis, when the receipt of said income was commenced and when it is anticipated said benefit will terminate. 28. As to the bills for medical, hospital, physician services, nurses, surgical appliances and other special damages claimed, state the following: (a) The name of the insurance carrier providing benefits. (b) Name of the health plan and policy number. (c) Out of pocket expenses by plaintiff not covered by health insurance. (d) If there is any co-insurance paid, the name of the co-insurance carrier and the amount of benefits paid. 29. If plaintiff is making a claim of being prevented from pursuing any activities as a result of injuries or conditions referred to in the Complaint, then with respect to each such activity, set forth the following particulars: (a) A description thereof; (b) Dates during which plaintiff was prevented from pursuing such activity, and if continuing to prevent, so state; (c) How the injuries or conditions allegedly prevented plaintiff from pursuing such activity; (d) The amount of damages claimed as a result and the specific method used for computation of same. 30. If plaintiff is claiming any other loss of income, profit or earnings as a result of injuries or conditions referred to in the Complaint, then with respect to each such loss, set forth the following particulars: (a) The nature and source of income; (b) Statement of how each item of such loss is computed and the total thereof. 7 10 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 31. If as a result of the incident complained of herein, plaintiff has made a claim for or received any health or accident insurance benefits, no-fault benefits, worker's compensation payments, disability benefits, pension, accident compensation payments or veterans disability compensation awards, then state for each: (a) The circumstances under which the plaintiff received the benefits or awards or payments; (b) The illness, injury or injuries for which plaintiff received the benefits or awards or payments; (c) The names and addresses of the examining doctors for each injury or illness; (d) The names of the superiors, officers, boards or tribunals before which or to whom the claim or claims are made or filed; dates made or filed; and their respective docket numbers; (e) The amount of the benefits or awards for payments; (f) The dates covering the time span during which the plaintiff received the benefits or awards or payments; and (g) The names and addresses of the agencies or insurance companies from whom the plaintiff received the awards, benefits or payments, the date of filing of such claim or claims and their docket numbers. 32. State in what respects it will be claimed the defendant failed to comply with Section 240 of the Labor Law. 33. State in what respects it will be claimed the defendant failed to comply with Section 241 of the Labor Law. (a) Specify each and every Industrial Code section allegedly violated by defendant. (b) Specify each and every OSHA Standard allegedly violated by defendant. 34. State in what respects it will be claimed the defendant failed to comply with Section 241-a of the Labor Law. 35. If there is a claim for loss of consortium or services, set forth in detail the specifics relating to such claim, specifying what portion of such services are attributed to the following: 8 11 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (a) Household chores or duties; (b) Social relations outside the home; (c) Companionship; (d) Change in disposition, temperament and character; (e) Loss of interest in the home; (f) Loss of interest in the comfort, happiness, education and general welfare of members of the household; (g) Change in acts of affection, love and sexual intercourse; (h) Injuries, ailments or disabilities and the manner in which same has affected the home; and (I) Any other claims for loss of services or consortium and the manner of computation thereof. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to comply with the foregoing demand within twenty (20) days, the defendant will move to preclude the offering of any evidence as to the matters herein demanded. DATED: November 28, 2022 Yours, etc. Port Chester, New York O’CONNOR REDD ORLANDO LLP By: See annexed Certification Joseph T. Redd, Esq. Attorneys for Defendant FINEST WINDOW, INC. PO Box 1000|242 King Street Port Chester, New York 10573 Main 914-686-1700|Fax 914-328-3184 TO: SHULMAN & HILL, PLLC Attorneys for Plaintiff One State Street Plaza, 15th Floor New York, New York 10004 (212) 221-1000 9 12 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 BROWNELL PARTNERS, PLLC Attorneys for Defendant ROOSEVELT ISLAND OPERATING CORPORATION 15 Maiden Lane, Suite 1001 New York, New York 10038 (212) 390-0151 10 13 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X OMAR TORRES, Index No: 155216/2022 Plaintiff, COMBINED DEMANDS - against - ROOSEVELT ISLAND OPERATING CORPORATION, MANHATTAN PARK HOLDINGS, L.P., MANHATTAN PARK PROPERTIES LLC, GRC MANAGEMENT, LLC, FINEST WINDOW, INC., and GRENADIER REALTY CORP., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR Article 30, §3017; Article 31, §§3101, 3017, 3120 and 3121, and Article 45 §4545, the undersigned hereby demands that all parties respond to the following demands, within twenty (20) days: DEMANDS DIRECTED TO PLAINTIFF: 1. DEMAND FOR MEDICAL AND HOSPITAL INFORMATION\MEDICAL REPORTS AND AUTHORIZATIONS Demand is hereby made that you provide copies of medical reports of all physicians who have treated or examined the Plaintiff. The undersigned further demands that said reports shall include a detailed recital of injuries and conditions as to which testimony will be offered at the trial and referring to and identifying those X-rays and technicians' reports which will be offered at the trial; and, further, demands that duly written and notarized authorizations permitting the undersigned to obtain and make copies of all EMS/EMT records, hospital records, medical reports and records of all physicians, chiropractors, radiologists, physical therapists and any other health care providers who have treated or examined the Plaintiff, for any injury or exacerbation alleged, and such other records, including X-ray, MRI, CT Scans, DTI or other imaging and technicians' reports, and all neuropsychiatric tests, cognitive rehabilitation testing or exercises, including all underling “raw date” being interpreted in any such test or study, as may be referred to and identified in the aforementioned physicians' statements or records, be served upon and delivered to the undersigned. IT IF FURTHER DEMANDED that a separate authorization be provided allowing release of radiology films and reports from the Department of Radiology in any facility and or hospital plaintiff was treated. 14 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 Said authorizations MUST comply with the HIPAA Privacy Rule. PLEASE TAKE NOTICE that if loss of enjoyment of life is claimed, said authorizations must be unlimited. 2. DEMAND FOR EMPLOYMENT AND TAX RETURN AUTHORIZATIONS Demand is hereby made upon you to provide: (a) Copy and/or authorization to obtain Plaintiff's IRS income tax returns for 5 years prior to the accident, specifically, IRS Form 8821. (b) Authorizations for all employment records in possession of each of plaintiff's employers for the five years including and preceding the date of accident, and to present, including employment applications, personnel and other "human resources" records, health benefits records, training, education or certification records, performance reviews, disciplinary actions, payroll records, vacation, furlough or other paid or non-paid time away from work (including any applications for or periods of disability, medical, family or other leave); (c) Authorizations pertaining to employment for release of W2's, salary, No Fault records, and health/medical benefits information. 3. DEMAND FOR UNION RECORDS Demand is hereby made that you provide authorizations for all records in possession of any Union of which plaintiff was member at time of accident and any union of which plaintiff was/is a member in the 5 years preceding date of accident and to date, including records of union membership enrollment, any union education or training, membership status advancements (apprentice/journeyman/steward), all employment records including wages paid, benefit contributions paid, withholdings, union dues payments, pension contributions, other union benefit contributions made, union member benefit plan descriptions, including any vacation fund and pension vesting requirements, and copies of current and prior union trade contracts setting forth Union contracted wage and benefit terms for 6 years preceding date of accident and to date, including current trade contract. 4. DEMAND FOR WORKERS’ COMPENSATION RECORDS/AUTHORIZATIONS Demand is hereby made that you provide: 2 15 of 42 FILED: NEW YORK COUNTY CLERK 11/28/2022 03:26 PM INDEX NO. 155216/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/28/2022 (a) NYS Workers’ Compensation Board Form OC-110-A Claimant’s Authorization to Disclose Workers’ Compensation Records with the WCB#, SOC and Date of Loss. (b) Duly executed and notarized authorization permitting release of the records from the workers’ compensation carrier. (c) Authorization directing plaintiff’s Workers Compensation attorney(s) to release all non-privileged portions of their file for plaintiff’s application for and receipt of Workers Compensation benefits, including copies of all hearing transcripts, decisions and appeals. 5. DEMAND FOR DISABILITY RECORDS Demand is hereby made that you provide, if a disability claim has been or will be made, pursuant to the terms of the Social Security Laws, with respect to each and every applications and/or claim: (a) Set forth the claim office, address and the claim number assigned. (b) Provide duly executed, acknowledged and HIPAA compliant written authorizations enabling the undersigned to obtain copies of the records relating to the plaintiff. 6. DEMAND FOR COLLATERAL SOURCE INFORMATION Demand is hereby made that you provide the following: (a) The names, addresses and amounts received to date from all persons, firms, or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss, and other costs including but not limited to: i. Insurance; ii. Social Security Benefits; iii. Workers’ Compensation Benefits; iv. Disability Benefits;