Preview
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________________________________________________________Ç
THALIA AGATHOCLEOUS, Index No.: 703721/2018
Plaintiff, JUDICIAL SUBPOENA
DUCES TECUM
-against- AD TESTIFICANDUM
795 FIFTH AVENUE CORPORATION d/b/a
THE PIERRE, and IHMS LLC, Deliver or Mail records to:
Queens County Supreme Court
Civil Term - Subpoenaed Records
Defendants. 88-11 Sutphin Blvd, Room 140A
Jamaica, New York 11435
_____________________________________________________________________Ç
To: Lenox Hill Radiology
147th
43-55 Street
Flushing, New York 11355
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of
you appear and attend before the Justice presiding at the Queens County Supreme Court, at
9th
88-11 Sutphin Blvd, Jamaica, New York on the day of February, 2023 at 9:30 o'clock in the
forenoon, and at any recessed or adjourned date to give testimony in this action on the part of the
Defendants, 795 FIFTH AVENUE CORPORATION and IHMS LLC, and that you bring with
you, forward, send, or produce before the time or at the time and place aforesaid,
1. CERTIFIED copy of all hospital records, medical records and
notes pertaining to the above-named patient/plaintiff, THALIA
AGATHOCLEOUS, but not limited to charts, x-rays and reports,
doctors'
temperature sheets, physical examinations, histories, progress notes,
nurses'
and notes, medication charts, memoranda, interdepartmental
memoranda, consultation requests and reports anesthesia records,
post-operative check lists, patient problem and care plan, operating room
records, out-patient referral for admission, and any other records you may
have. Please include all out-patient records and ambulance call records. Also,
including but not limited to any and all alcohol, drug, HIV and/or psychiatric
records you may have in your possession.
2. CERTIFIED copy of all x-rays, diagnostic tests, radiological
tests and reports and/or other original documents referable to any laboratory
tests or procedures and/or other diagnostic tests be maintained in their
1 of 7
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
original form and not be reduced to microfilm, regarding the above-named
patient/plaintiff, THALIA AGATHOCLEOUS.
3. CERTIFIED copies of all billing records.
SSN: DOB: April 5, 1963 DOA: January 6, 2018
PLEASE TAKE NOTICE, THAT NO APPEARANCE IS NECESSARY SHOULD
A PROPER CERTIFICATION OF BUSINESS RECORDS, PURSUANT TO CPLR
§3122-a(c), BE PROVIDED ALONG WITH THE REQUESTED RECORDS.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Subpoena
is punishable as a contempt of Court and shall make you liable to the person on whose behalf this
Subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by
reason of your failure to comply.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §3122(a), a medical
provider shall not provide a patient's medical records pursuant to a subpoena duces tecum & ad
testificandum unless the subpoena is accompanied by a written authorization by the patient.
ATTACHED HERETO PLEASE FIND DULLY EXECUTED HIPAA AUTHORIZATION
FORM.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2301, all papers or
other items delivered to the court pursuant to such subpoena shall be accompanied by copy of
such subpoena.
Dated: Brooklyn, New York
September 27, 2022 Yours, etc.,
BY: GENE AK, ESQ.
McMAH , TINE & GALLAGHER, LLP
Attorney for Defendants
795 FIFTH AVENUE CORPORATION
and IHMS LLC
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
File No.: 553.0215
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FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
TO: Lenox Hill Radiology
147th
43-55 Street
Flushing, New York 11355
SACCO & FILLAS, LLP
Attorneys for Plaintiff
THALIA AGATHOCLEOUS
7th
31-19 Newtown Avenue, FlOOr
Astoria, New York 11102
(718) 746-3440
3 of 7
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 OCA
RECEIVED OfficialForm
NYSCEF: No.: 960
09/27/2022
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
This form has been approved by the New York State Department of Health]
PatientName ThaliaAgathocleous Date ofBirth:04/05/1963 SocialSecurityNumber:
PatientAddress 1 10-29 55th
Avenue , Flushing,NY 11368
1, ormy authorized representative,request that healthinformation regarding my care and treatment be released as setforthon this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH
except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place initials
on
TREATMENT, psychotherapy notes, only my
the appropriate linein Item 9(a). In theevent the health information described below includes any of these types ofinformation, and I
initial
the line on thebox inItem 9(a), I specificallyauthorize releaseof such information to thepersons(s) indicated in Item 8.
2. If I am authorizing therelease of HIV related,alcohol or drug treatment,or mental healthtreatment information, the recipient
is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal orstatelaw. Iunderstand
that I havea rightto request a list
of people who may receive oruse my HIV related information without authorization. IfI experience
discrimination because of therelease or disclosureof HIV-related information, I may contactthe New York State Division of Human
Rights at (212) 480-2493 or theNew York CityCommission of human rights at(212) 306-7450. These agencies are responsiblefor
protecting my rights.
3. I havethe rightto revoke this authorization at anytime by writingto the healthcare provider listedbelow. I understandthat I may
revoke thisauthorizationexcept tothe extent thataction has already been taken based on thisauthorization.
4. 1 understand that signing thisauthorization is voluntary.My treatment, payment, enrollment in a healthplan, or for
eligibility benefits
willnot be conditioned upon my authorization of thisdisclosure.
5. Information disclosed under thisauthorization might be redisclosedby therecipient (except as noted above in Item2), and this
redisclosure may no longer be protected by federalor state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7.Name and address of healthprovider or to thisinformation: Lenox Hill 43-55 147th Street NY
entity release Radiology Flushing,
11355
8. Name and address of person(s) or category of person to whom thisinformation willbe sent:ATTN: Subpoena Records Room,
Supreme Court, Queens County 88-11 Sutphin Boulevard Jamaica, NY 11435
9(a). Specific information to be released:
B¶Í icalRecord from I/6/2018 to Present
ntire Medical Record, including patienthistories,office notes (except psychotherapy notes),testresults,radiology studies,
films, referrals,
consults, billingrecords, insurance records, and records sent toyou by otherhealth care providers.
O Other: Include:(Indicateby Initialing)
Alcohol/Drug Treatment
/ Mental Health Information
HIV-Related Information
Authorization to Discuss Health Information
(b) O By here
initialing I authorize
Initials Name of individualhealthcare provider
to discussmy health information with my attorney, or a governmental agency, listedhere:
(Attorney/Firm Name or Governmental Agency Name)
10. Reason forrelease of information: 11.Date orevent on which thisauthorization willexpire:
O At request of individual
M Other: Legal Matter UPON CONCLUSION OF THIS MATTER
12. Ifnot the patient,name of person signing form: 13. Authority to signon behalfof patient:
SACCO & FILLAS, LLP BY: ElliotL. Lewis, Esq. ATTORNEY-IN-FACT
Allitems on thisform have completed and my questions about thisform have been answered. In addition,I have been provided a
copy of theform.
Date:_Dec 24, 2019
Signature of patientor representativeauthorized by law
*Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which
reasonably could identifysomeone as having HIV symptoms or infectionand information regarding a person's contacts.
4 of 7
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
Power of Attorney
To Execute HIPAA Medical Record Authorization Forms Pursuant to NY Public
Health Law § 18(1)(G) As Amended 10/26/04.
('
I,
O C O Vf
of /s
-
cM STM 4-v e m L RdfM• 4
(insert your name and address)
do hereby appoint: SACCO & FILLAS, LLP, their attorneys, employees and agents
with offices at 31-19 NEWTOWN AVENUE, SEVENTH FLOOR, ASTORIA, NEW
YORK 11102, my attorneys-in-fact to act (each agent may act separately) in my name,
place, and stead in any way which I myself could do, if Iwere personally present to
execute HIPAA medical records authorization forms pursuant to NY Public Health
Law § 18(1)(G) as amended 10/26/04. This power of attorney may be revoked by me at
any time. This Power of Attorney shall not be affected by my subsequent disabilityor
incompetence.
To induce any thirdparty to act hereunder, I hereby agree that any third party receiving a
duly executed copy or facsimile of this instrument may act hereunder, and that revocation
or termination hereof shall be ineffective as to such third party unless and until actual
notice or knowledge of such revocation or termination shall have been received by such
third party, and I for myself and for my heirs, executors, legal representatives and
assigns, hereby agree to indemnify and hold harmless any such third party from and
against any and allclaims that may arise against such third party by reason of such third
party having relied on theprovisions of this instrument.
In Witness Whereof I have hereunto signed my name this day of 20Ó
(SIGNATURE)
Acknowledgrement
STATE OF NEW YORK
COUNTY OF QUEENS
On this day of , 20 efore me theundersigned, personally appeared
, personallyknown to be orproved to me on thebasis of
satisfactoryevidence tobe the individual whose name is subscribed tothe within instrument and
acknowledged to me thathe executed thesame in hiscapacity, and thatby hissignature on the
instrument, the individual,or the person who acted on behalf of theindividual, executed the
instrument and thatsuch individual made such appearance before theundersigned at Queens,
w York.
Not REGINA M SZMUC
Notary Public - state
of New York
. No. 0 t SZ6342939
I Qualified in Queens Coumy
< My Commission Expiras May 31. 2020
5 of 7
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
__________________________________________________---_______________Ç
THALIA AGATHOCLEOUS, Index No.: 703721/2018
Plaintiff,
-against-
AFFIDAVIT OF BUSINESS
795 FIFTH AVENUE CORPORATION d/b/a RECORDS CERTIFICATION
THE PIERRE, and IHMS LLC,
Defendants.
_____________________________________________________________________Ç
PLEASE EXECUTE THE FOLLOWING AFFIDAVIT IN FRONT OF A NOTARY PUBLIC
AND FORWARD BACK TO OUR OFFICE LOCATED AT 55 WASHINGTON STREET,
SUITE 720, BROOKLYN, NY 11201. SHOULD YOU HAVE ANY QUESTION PLEASE
CONTACT US AT (212) 747-1230.
STATE OF )
) ss.:
COUNTY OF )
I, , having been duly sworn, state that the following
matters are true upon my knowledge.
1. I have received the Subpoena Duces Tecum & Ad Testificandum of the
Defendant dated September 27, 2022, directed to Lenox Hill Radiology, I make this affidavit
pursuant to CPLR §3122 a-(c) to accompany the business records produced in response to said
Subpoena. I am the duly authorized custodian or other qualified witness and have the authority to
make this certification.
2. To the best of my knowledge, after reasonable inquiry, the records or
copies thereof are accurate versions of the documents described in the Subpoena that are in my
possession, custody, or control.
3. To the best of my knowledge, after reasonable inquiry, the records or
copies produced represent all the documents described in the Subpoena, or if they do not
6 of 7
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022
represent a complete set of the documents subpoenaed, an explanation of which documents are
missing and a reason for their absence is provided.
4. The records or copies produced were made by the personnel or staff of the
business, or persons acting under my control, in regular course of business, at the time of the act,
transaction, occurrence, or event recorded therein, or within a reasonable time thereafter, and that
itwas the regular course of business to make such records.
PRINT NAME:
PRINT TITLE:
Sworn to me on this
day of , 2022
NOTARY PUBLIC
7 of 7
Preview
FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________________________________________________________Ç THALIA AGATHOCLEOUS, Index No.: 703721/2018 Plaintiff, JUDICIAL SUBPOENA DUCES TECUM -against- AD TESTIFICANDUM 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, and IHMS LLC, Deliver or Mail records to: Queens County Supreme Court Civil Term - Subpoenaed Records Defendants. 88-11 Sutphin Blvd, Room 140A Jamaica, New York 11435 _____________________________________________________________________Ç To: Lenox Hill Radiology 147th 43-55 Street Flushing, New York 11355 GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before the Justice presiding at the Queens County Supreme Court, at 9th 88-11 Sutphin Blvd, Jamaica, New York on the day of February, 2023 at 9:30 o'clock in the forenoon, and at any recessed or adjourned date to give testimony in this action on the part of the Defendants, 795 FIFTH AVENUE CORPORATION and IHMS LLC, and that you bring with you, forward, send, or produce before the time or at the time and place aforesaid, 1. CERTIFIED copy of all hospital records, medical records and notes pertaining to the above-named patient/plaintiff, THALIA AGATHOCLEOUS, but not limited to charts, x-rays and reports, doctors' temperature sheets, physical examinations, histories, progress notes, nurses' and notes, medication charts, memoranda, interdepartmental memoranda, consultation requests and reports anesthesia records, post-operative check lists, patient problem and care plan, operating room records, out-patient referral for admission, and any other records you may have. Please include all out-patient records and ambulance call records. Also, including but not limited to any and all alcohol, drug, HIV and/or psychiatric records you may have in your possession. 2. CERTIFIED copy of all x-rays, diagnostic tests, radiological tests and reports and/or other original documents referable to any laboratory tests or procedures and/or other diagnostic tests be maintained in their 1 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 original form and not be reduced to microfilm, regarding the above-named patient/plaintiff, THALIA AGATHOCLEOUS. 3. CERTIFIED copies of all billing records. SSN: DOB: April 5, 1963 DOA: January 6, 2018 PLEASE TAKE NOTICE, THAT NO APPEARANCE IS NECESSARY SHOULD A PROPER CERTIFICATION OF BUSINESS RECORDS, PURSUANT TO CPLR §3122-a(c), BE PROVIDED ALONG WITH THE REQUESTED RECORDS. PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this Subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §3122(a), a medical provider shall not provide a patient's medical records pursuant to a subpoena duces tecum & ad testificandum unless the subpoena is accompanied by a written authorization by the patient. ATTACHED HERETO PLEASE FIND DULLY EXECUTED HIPAA AUTHORIZATION FORM. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2301, all papers or other items delivered to the court pursuant to such subpoena shall be accompanied by copy of such subpoena. Dated: Brooklyn, New York September 27, 2022 Yours, etc., BY: GENE AK, ESQ. McMAH , TINE & GALLAGHER, LLP Attorney for Defendants 795 FIFTH AVENUE CORPORATION and IHMS LLC 55 Washington Street, 7th Floor Brooklyn, New York 11201 (212) 747-1230 File No.: 553.0215 2 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 TO: Lenox Hill Radiology 147th 43-55 Street Flushing, New York 11355 SACCO & FILLAS, LLP Attorneys for Plaintiff THALIA AGATHOCLEOUS 7th 31-19 Newtown Avenue, FlOOr Astoria, New York 11102 (718) 746-3440 3 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 OCA RECEIVED OfficialForm NYSCEF: No.: 960 09/27/2022 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA This form has been approved by the New York State Department of Health] PatientName ThaliaAgathocleous Date ofBirth:04/05/1963 SocialSecurityNumber: PatientAddress 1 10-29 55th Avenue , Flushing,NY 11368 1, ormy authorized representative,request that healthinformation regarding my care and treatment be released as setforthon this form: In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I understand that: 1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place initials on TREATMENT, psychotherapy notes, only my the appropriate linein Item 9(a). In theevent the health information described below includes any of these types ofinformation, and I initial the line on thebox inItem 9(a), I specificallyauthorize releaseof such information to thepersons(s) indicated in Item 8. 2. If I am authorizing therelease of HIV related,alcohol or drug treatment,or mental healthtreatment information, the recipient is prohibited from redisclosing such information without my authorization unless permitted to do so under federal orstatelaw. Iunderstand that I havea rightto request a list of people who may receive oruse my HIV related information without authorization. IfI experience discrimination because of therelease or disclosureof HIV-related information, I may contactthe New York State Division of Human Rights at (212) 480-2493 or theNew York CityCommission of human rights at(212) 306-7450. These agencies are responsiblefor protecting my rights. 3. I havethe rightto revoke this authorization at anytime by writingto the healthcare provider listedbelow. I understandthat I may revoke thisauthorizationexcept tothe extent thataction has already been taken based on thisauthorization. 4. 1 understand that signing thisauthorization is voluntary.My treatment, payment, enrollment in a healthplan, or for eligibility benefits willnot be conditioned upon my authorization of thisdisclosure. 5. Information disclosed under thisauthorization might be redisclosedby therecipient (except as noted above in Item2), and this redisclosure may no longer be protected by federalor state law. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7.Name and address of healthprovider or to thisinformation: Lenox Hill 43-55 147th Street NY entity release Radiology Flushing, 11355 8. Name and address of person(s) or category of person to whom thisinformation willbe sent:ATTN: Subpoena Records Room, Supreme Court, Queens County 88-11 Sutphin Boulevard Jamaica, NY 11435 9(a). Specific information to be released: B¶Í icalRecord from I/6/2018 to Present ntire Medical Record, including patienthistories,office notes (except psychotherapy notes),testresults,radiology studies, films, referrals, consults, billingrecords, insurance records, and records sent toyou by otherhealth care providers. O Other: Include:(Indicateby Initialing) Alcohol/Drug Treatment / Mental Health Information HIV-Related Information Authorization to Discuss Health Information (b) O By here initialing I authorize Initials Name of individualhealthcare provider to discussmy health information with my attorney, or a governmental agency, listedhere: (Attorney/Firm Name or Governmental Agency Name) 10. Reason forrelease of information: 11.Date orevent on which thisauthorization willexpire: O At request of individual M Other: Legal Matter UPON CONCLUSION OF THIS MATTER 12. Ifnot the patient,name of person signing form: 13. Authority to signon behalfof patient: SACCO & FILLAS, LLP BY: ElliotL. Lewis, Esq. ATTORNEY-IN-FACT Allitems on thisform have completed and my questions about thisform have been answered. In addition,I have been provided a copy of theform. Date:_Dec 24, 2019 Signature of patientor representativeauthorized by law *Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could identifysomeone as having HIV symptoms or infectionand information regarding a person's contacts. 4 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 Power of Attorney To Execute HIPAA Medical Record Authorization Forms Pursuant to NY Public Health Law § 18(1)(G) As Amended 10/26/04. (' I, O C O Vf of /s - cM STM 4-v e m L RdfM• 4 (insert your name and address) do hereby appoint: SACCO & FILLAS, LLP, their attorneys, employees and agents with offices at 31-19 NEWTOWN AVENUE, SEVENTH FLOOR, ASTORIA, NEW YORK 11102, my attorneys-in-fact to act (each agent may act separately) in my name, place, and stead in any way which I myself could do, if Iwere personally present to execute HIPAA medical records authorization forms pursuant to NY Public Health Law § 18(1)(G) as amended 10/26/04. This power of attorney may be revoked by me at any time. This Power of Attorney shall not be affected by my subsequent disabilityor incompetence. To induce any thirdparty to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and allclaims that may arise against such third party by reason of such third party having relied on theprovisions of this instrument. In Witness Whereof I have hereunto signed my name this day of 20Ó (SIGNATURE) Acknowledgrement STATE OF NEW YORK COUNTY OF QUEENS On this day of , 20 efore me theundersigned, personally appeared , personallyknown to be orproved to me on thebasis of satisfactoryevidence tobe the individual whose name is subscribed tothe within instrument and acknowledged to me thathe executed thesame in hiscapacity, and thatby hissignature on the instrument, the individual,or the person who acted on behalf of theindividual, executed the instrument and thatsuch individual made such appearance before theundersigned at Queens, w York. Not REGINA M SZMUC Notary Public - state of New York . No. 0 t SZ6342939 I Qualified in Queens Coumy < My Commission Expiras May 31. 2020 5 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS __________________________________________________---_______________Ç THALIA AGATHOCLEOUS, Index No.: 703721/2018 Plaintiff, -against- AFFIDAVIT OF BUSINESS 795 FIFTH AVENUE CORPORATION d/b/a RECORDS CERTIFICATION THE PIERRE, and IHMS LLC, Defendants. _____________________________________________________________________Ç PLEASE EXECUTE THE FOLLOWING AFFIDAVIT IN FRONT OF A NOTARY PUBLIC AND FORWARD BACK TO OUR OFFICE LOCATED AT 55 WASHINGTON STREET, SUITE 720, BROOKLYN, NY 11201. SHOULD YOU HAVE ANY QUESTION PLEASE CONTACT US AT (212) 747-1230. STATE OF ) ) ss.: COUNTY OF ) I, , having been duly sworn, state that the following matters are true upon my knowledge. 1. I have received the Subpoena Duces Tecum & Ad Testificandum of the Defendant dated September 27, 2022, directed to Lenox Hill Radiology, I make this affidavit pursuant to CPLR §3122 a-(c) to accompany the business records produced in response to said Subpoena. I am the duly authorized custodian or other qualified witness and have the authority to make this certification. 2. To the best of my knowledge, after reasonable inquiry, the records or copies thereof are accurate versions of the documents described in the Subpoena that are in my possession, custody, or control. 3. To the best of my knowledge, after reasonable inquiry, the records or copies produced represent all the documents described in the Subpoena, or if they do not 6 of 7 FILED: QUEENS COUNTY CLERK 09/27/2022 03:49 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/27/2022 represent a complete set of the documents subpoenaed, an explanation of which documents are missing and a reason for their absence is provided. 4. The records or copies produced were made by the personnel or staff of the business, or persons acting under my control, in regular course of business, at the time of the act, transaction, occurrence, or event recorded therein, or within a reasonable time thereafter, and that itwas the regular course of business to make such records. PRINT NAME: PRINT TITLE: Sworn to me on this day of , 2022 NOTARY PUBLIC 7 of 7