Preview
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
/m\
MAINETTI & MAINETTI ec
ATTORNEYS AT LAW
130 NORTH FRONT STREET, SUITE 300
KINGSTON, NEW YORK 12401
(845) 600-O000
ALFRED B. MAINETTI FAX (845) 477-1600 POUGHKEEPSIE
VICTOR R. MAINETTI ( 1956-1993) WWW.MAINETTl.LAW 9 MANSION STREET
MICHAEL A. MAINETTI POUGHKEEPSIE, NY 12601
ALEXANDER E. MAINETTI (845) 600-O000
MICHAEL J.KAVANAGH
JOSEPH M. PUGLIESE
April 21, 2022
Shayna D. Gorski, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
One Executive Boulevard, Suite 280
Yonkers, NY 10701
Re: McDonough, Charles vs. Byers, Najoir & Brown, Dajour
County of Orange
Index #EF008166-2021
Counselors:
Enclosed please find for service upon you relative to the above matter:
1. Verified Bill of Particulars;
2. Responses to Combined Discovery Demands;
3. Notice to Take Deposition Upon Oral Examination and Combined Discovery
Demands;
4. Demand for Verified Bill of Particulars With Respect to Alleged Affirmative
Defenses;
5. Plaintiff's Notice for Physical Examination and Exchange of Medical Information;
and,
6. Revocation of Consent to Service by Facsimile.
If you have questions or concerns, please feel free to contact office.
any my
Very truly yours,
MAINETTI & MAINETTI, P.C.
zm B. C. Phipps, Para
Enclosure
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FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
SUPREME COURT: STATE OF NEW YORK
COUNTY OF ORANGE
~~~~~~-----------~~~-----~~------~~-~~Ç
CHARLES MCDONOUGH RESPONSE TO
DISCOVERY
Plaintiff(s), DEMANDS
- against - Index No.: EF008166-
2021
DAJ OUR A. BROWN and NAJOIR J. BYERS
Defendant(s).
~~~-~~~~~~~~~-----~~~~~~~~~~~~~Ç
Plaintiff(s), CHARLES MCDONOUGHby and throughhis attorneys, MAINETTI
82 MAINETTI, P.C. as and for his Responses to Combined Demands, in
Discovery
response to demand therefor by LAW OFFICES OFJENNIFER S. ADAMS, attorney(s) for
DAJOUR A. BROWN and NAJOIRJ. BYERS,hereby respectfully set(s) forth and allege(s)
as follows:
1. RESPONSE TO DEMAND FOR INCIDENT REPORTS: Annexed hereto is a
copy of the Police Report related to the incident mentioned herein.
2. RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF WITNESSES:
(a-f) At the present time, plaintiff is unaware of eyewitnesses to this instant
any
action. Should plaintiff obtain and/or locate eye witnesses, plaintiff reserves his
any
right to supplement and/or amendthis response to and the time of
up including
trial.
3. RESPONSE TO DEMAND F OR STATEMENTS: At the present time, the plaintiff
is not in possession of any statements made by any party
represented herein.
Should plaintiff obtain any such statements, plaintiff reserves his right to
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FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
supplement and/or amend this response to and the time of trial.
up including
4-5. RESPONSE TO DEMAND FOR PHOTOGRAPHS: At this time, the plaintiff is
not in possession of photographs the place of occurrence and/or
any depicting
plaintiff's injuries. Should plaintiff obtain such photographs, plaintiff reserves
any
his right to supplement and/or amend this response to and the time of
up including
trial.
6. RESPONSE TO DEMAND FOR PHOTOGRAPHS: Not applicable; Plaintiff is not
making claim for property damage.
7. RESPONSE TO DEMAND FOR THE PRODUCTION OF INSURANCE
AGREEMENTS: Annexed hereto is a duly executed HIPAA compliant
authorization to obtain the Plaintiff's no fault file from Progressive Insurance
Company, 725 Broadway, Albany, New York 12207.
8-11. RESPONSE TO DEMAND FOR EXPERT INF ORMATION: The plaintiff has not
yet retained the services of an expert witness in this matter. However, plaintiff
reserves the right to call of his medical providers to offer
any testimony concerning
treatment, diagnosis, prognosis, opinions causation and permanency. The
regarding
plaintiff's treating physicians are expected to about the injuries suffered by
testify
the plaintiff. It isexpected that the doctors will testify that the injuries suffered by
the plaintiff are related to the accident, which is the subject of this
causally
doctors' doctors'
litigation. The opinions and will be based upon such
testimony
treatment of the plaintiff, review of the diagnostic tests performed to the
pertaining
plaintiff and allof the plaintiff's medical records. The doctors are also expectedto
3 of 23
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
that the plaintiff's injuries are permanent and that will result in
testify they
permanent pain, restriction, loss of range of motion and limitation in activities as
a result of the injuries suffered in this accident. The doctors are also expected to
about the nature of any future surgery, treatment or that may be
testify therapy
required the plaintiff to treat his injuries, and to provide prognosis as to the
by
plaintiff's condition. Plaintiff reserves his right to supplement and or amend this
response up to and including the time of trial.
12. RESPONSE TO DEMAND FOR REPAIR BILLS/ESTIMATES: Not applicable;
Plaintiff is not in making a claim for damage.
property
13. RESPONSE TO DEMAND FOR LIST OF ATTORNEYS: At the present time, the
following attorneys have appeared in the above captioned action:
ALEXANDER E. MAINETTI, ESQ.
MAINETTI & MAINETTI, P.C.
Attorneys for Plaintiff(s)
130 N. Front Street
Kingston, New York 12401
(845) 600-0000
SHAYNA GORSKI, ESQ.
LAW OFFICES OF JENNIFER S. ADAMS
for Defendant - Damian S. Valle
Attorney
One Executive Boulevard, Suite 280
Yonkers, NY 10701
Telephone: (716) 810-1320
14. RESPONSE TO DEMAND FOR MEDICAL INFORMATION AND HOSPITAL
AUTHORIZATIONS: (1-5) Annexed hereto are copies of plaintiff's medicalrecords
contained within our files along with duly executed HIPAA compliantunrestricted
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FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
authorizations to the following treating providers:
Access Physical Therapy & Wellness
1450 NY-208
Wallkill, NY 12589
Peak Physical Therapy
260 North Street
Newburgh, NY 12550
Clapper Chiropractic, PC
1650 Route 300
Newburgh, NY 12550
Orthopedic Associates of Dutchess County
1910 South Road
Poughkeepsie, NY 12601
15. RESPONSE TO DEMAND FOR EXPERT INFORMATION: See response "8-
11"
above.
16. RESPONSE TO DEMAND FOR LICENSE: Annexed hereto is a copy of
Plaintiff's license.
17-18. RESPONSE TO DEMAND FOR TAX RETURNS/EMPLOYMENT
RECORDS: Not applicable; Plaintiff is not making a claim for lost wages.
19. RESPONSE TO DEMAND FOR MEDICAL INFORMATION AND
"14"
HOSPITAL AUTHORIZATIONS: See response above.
20. RESPONSE TO DEMAND FOR SCHOOL RECORDS: Not applicable;
Plaintiff is not a student.
21. RESPONSE TO DEMAND FOR THE PRODUCTION OF INSURANCE
'7"
AGREEMENTS: See response above.
22. RESPONSE TO DEMAND PURSUANT TO CPLR 306A & 306B: Annexed
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FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
hereto is a copy of the confirmation notice provided by the court when Plaintiff
electronically filed the Summons and Complaint for the incident mentioned
herein, which is proof of purchase of the index number,
WORKERS'
23. RESPONSE TO DEMAND FOR COMPENSATION FILE: Not
workers'
applicable; Plaintiff is not a compensation recipient.
24. RESPONSE TO DEMAND FOR NY DISABILITY FILE: Not applicable;
Plaintiff is not a NY Disability recipient.
25. RESPONSE TO DEMAND FOR SOCIAL SECURITY FILE: Not applicable;
Plaintiff is not a Social Security recipient.
26. RESPONSE TO DEMAND FOR MEDICAL INFORMATION
"14"
AUTHORIZATIONS: See response above.
27. RESPONSE TO DEMAND FOR SPECIFIC RELIEF REQUESTED: Plaintiff
hereby respectfully set(s) forth and a demand for total damages in the
allege(s)
amount of one million dollars ($1,000,000.00).
28. RESPONSE TO DEMAND PURSUANT TO CPLR 306A & 306B: See
"22"
response above.
Dated: Kingston, New York Yours Truly,
March 29, 2022
JOSEPH . PUGLIES , ESQ.
MAINETTI & MAINETTI, P.C.
Attorneys for Plaintiff(s)
130 N. Front Street
Kingston, New York 12401
(845) 600-0000
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FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
TO: Shayna D. Gorski, Esq.
LAW OFFICES OF JENNIFER S.ADAMS
Attorneys for Defendant(s) DAJOUR A. BROWN and NAJOIR J. BYERS
One Executive Boulevard, Suite 280
Yonkers, NY 10701
Telephone: (716) 810-1320
7 of 23
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
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8 of 23
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
CN-025582-20 1
MV-104A (6/04) -
KCP142CMH33R ¡ AMENDED REPORT
. ACCIDENTDATE DAYOFWEEK MIUTARYTIME NO.OF ND.IN3UREDNO.IGLLED "EFTSCENEPOUCEPHOTOS
NOTINVESTIGATED
ATSCENE
MONTH DAY YEAR MCLES
12 20 2020 Sunday 13:46 2 0 O ACGDENT O
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VEHICLE 1 P VEHICLE 2 BICYCLIST PEDESTRIAN OTHER PEDESTRIAN
1 - DRIVER
VEHICLE OFUC.
STATE 2 - DRIVER
VEHICUE ATEOFUC.
uCENSE:D NY uCENSErDNUMsER 184240175 NY
DRIVERNAME- EXACTLY NAME- EXACTLY
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ONUCENSEMCDONOUGH, C 3 ASPRWTEDONUCENSEBYERS, NA30IR J 26
ADDRESS(INCLUDE
NUMBERANDSTREET) APT.NO. ADDRESS(INCLUDE
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139 FOREST RD 186 N MILLER ST 1
CITYORTOWN STATE ZIPCODE GTYORTOWN STATE ZIPCODE
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1 DATEOFBIRTH UCENS OFOCCUPANTSBLIC DATEOFBIRTH SIDC UNLICENSEDNO.OFOCCUPANTSPUBUC
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139 FOREST RD -
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CITYORTOWN STATE ZIPCODE ^1TYORTOWN STATE ZIPCODE
s WALLKILL NY 12589 NEWBURGH NY 12550
1 PLATENUMBER ;TATE
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YEAR& MAKE VEHICLE
TYPEINS.CODEDLATE OFREG. VEHICLE
STATE VEHN1ETYPEINS.CODE
NUMBER VEAR& MANE
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TICKET/ARREST UCKET/ARREST
NUMBERS(S) 1UMBERS(S)
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SECTION(S) 3ECTION(S)
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VEMICLE CO*ES SIDEEW(PE LEFT
TURN 41
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BOX2 - MOSTDAMAGE 10 10 BOK2 - MOSTDAMAGE 1 1 2. 4,, o
2
ENTERUPTOTHREE 3 4 S ENTERUPTOTHREE 3 4
MOREDAMAGECODES 10 MOREDAMAGECODES ACCIDENT DIAGRAM
| 12 1
VEHICLE
BY: BY:
VEHICLE
TOWEDTO: TOWEDTO: See the lastpage of the MV-104A forthe
VEH:CLEDAMAGECODiNG. accident diagram.
a T
1-13SEEDIAGRAM
ONRIGHT. 9,
2 g
14.UNDERCARR1AGE 17.DEMOUSHS COST TOANYONEVEHICLE
OFREPAIRS WILLBEMORETHANS1,000.
15.TRAtLER 18.NODAMAGE
16.OVERTURNED 19.OTHER 1 9 UNKNOWN/UNABLE TO DETERMINE Ye5 ND
amRDINATES
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MARKER
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ROADONWHICHAOCIDENT WILLTAMST
(ROUTENUMBERORSTREETNAME)
AT 1) INTERSECTING Agg 37
LONGITUDE/EASTING: (ROUTENUMBERORSmaiME)
OR2) N $ op
FEET MILES E W NEAREST
(MILEPOST, INTERSECTING
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ACC(DENT
DESCRIPTION/OPFICER'S
NOTES
D1 stated he was traveling southbound on William St when he was unexpectedly opposite direc tion side swiped by V2 by
COVE
the intersection at Ann St. D1 continued by saying that he observed V2 strike vi as a resul t of a reaction to
uninvolved vehicle traveling westbound on Ann St by f ailing to yield the right of way .D2 a tated he was traveling many
northbound on Nilliam St when he reacted to uninvolved vehicle traveling wes tbound on Ann St failing to yield the
right of way causing V2 to a trike vi in order to avoid a motor vehicle aooident with the uninvolved vehicle . There
8 9 10 11 12 13 14 15 16 17 BY TO 19 NAMESOFALLINVOLVED PATEOFDEATHONLY
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12]27|2020
PHNTNAME
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LastMOd:12/27/2020 12:34AM https://WWWmashtogic.com
00000001
9 of 23
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022
P L ÒÓ Ã ÈN E 1
CN-025582-20
MV-104A (6/04)
KCP142CMH33R ¡ AMl-IVDED REPORT
ACCIDENTDATE DAYOFWEEK MIUTARYTIME NO.OF . IN3UREDNO.KILLED LEFTSCENE PHOTOS
NOTINVESTIGATED
ATSCENE
MONTH DAY YEAR VEHICLES
12 20 2020 13:46 2 0 0 ACCDENTRECONSTRUCTED YES NO
Sunday
VEHICLE 1 VEHICLE BICYCLIST PEDESTRIAN [.. OTHER PEDESTRIAN
I - DRIVIER
VEHICLE STATEOFUC. - DRIVER
VEMICLE OFUC.
2 UCENSEm NUMBER UCENSEIDNUMBER
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NAME - EXACILY NAME- EXACTLY
DRIVER 21
ONUCENSE
ASPRINTED ASPRINTED
ONLICENSE
ADDRESS(INCLUDE
NUMBERANDSTREET) APT.NO. ADDRESS NUMBER
(INCLUDE ANDSTREET) APT.NO.
CIWORTOWN STATE ZIPCODE CITYORTOWN STATE ZIPCODE
-
DATEOFBIRTH
- -
SEX UNL1CENSBNO.OFOCCUPANTS
o =o-
PUBUC DATEOF BIRTH
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SEX UNUCENSED
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=o
NAME- EXACTLY
ASPRINTEDONREGISTRATION SEX DATEOFBIRTH NAME- EXACTLY
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MO DAY YEAR MONTH DAY YEAR
ADDRESS NUMBER
(INCLUDE AND$UtEET) APT.NO.HAZ. RELEASEDADDRESS(INCLUDE
NUMBERANDSTREET) APT.NO.HAZ, RELEASED
MAT. MAT.
mm COD .. -
CITYORTOWN STATE ZIPCODE CITYORTOWN STATE ZIPCODE
PLATE
NUMBER ATE
oFRElli VEHICLE
YEAR& MAKE VEHICLE
TYPEINS.CODEPLATENUMBER OFREG. VEHICLE
STATE YEAR& MAKE HICLE
WPEINS.CODE
TICKET/ARREST TICKET/ARREST
NUMBERS(S) NUMBERS(S)
VIOLATION VIOLATION
SECTION(5) SECTION(S)
CHECK VEHICLE
IFINVOLVED IS: CECKIF INVOLVED
VEHICLE
IS: CIRCLE
THEDIAGRAM
BELOW DESOUBES
M(AT THE
ACCIDENT, TCUR
ORORAW OWN
MtAN95
INCHES INSPACE
DIAGRAM 89.NUMBER
DIEVENICLES.
MORE WIDE: HDRE
BfAN95INCKES
WIDE:
M RiET
THAN
MDRE LONG; THAN
MORE 34FEET
LONG; REAR
END LEPTMIRN RIGHT
ANGLERIGHT ON
TURN "tEAD
H WnHAN
cPERATED OVERWEGHT
PERMm H WpHm OVERWEIGHT
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L VEHICLE
1DAMAGECODES L VEHICLE
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COiES SIDESWIPE TURN
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E BOX1 - MINT OFIMPACT 1 2 E BOX1- MINT OFIMPACT 1 2
80K2 - MOST
DAMAGE 80X2 - MOSTDAMAGE
ENTERUPTOTHREE 3 4 S ENTERUPTOTHREE 3 4 3
MOREDAMAGECODES MOREDAMAGECODES ACCIDENTDIAGRAM
BY:
VEMIQ.E VEHICLE
BY:
TOWEDTO: TOWEDTO:
4 S 6
DAMAGE
VEHICLE CODING:
1-13SEEDIAGRAM
ONRIGHT. g,
2 D 8
14.UNDERCARRIAGE 17.DEMOLISHS TOANYONEVEMICLE
COSTOFREPAIRS WILLBEMORETHAN$1,000.
15.TRAILER 18.NODAMAGE
1 9
16.OVERTURNED 19.OTHER
12 11 10 ]UNKNOWN/UNABLE TO DETERMINE Yes ¤ NO
COORDINATES
UFAVARABLE)PLACEWHEREAOCIDENTOCCURRED:
MARKER
REFERENCE
RM
COUNTYORANGE ¤ CITY VIL1AGE TOWN OF
ROADONWHICHACCIDENT
(ROUTENUMBERORSTitEET
NAME)
AT 1) INTERSECTING
LONGITUDF,/EASTING: (ROUTE
NUMBER ORSTREETNAME)
OR2) N S
a FEET MILES E W NEAREST
(MILEPDST, INTERSECTING
Preview
FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 /m\ MAINETTI & MAINETTI ec ATTORNEYS AT LAW 130 NORTH FRONT STREET, SUITE 300 KINGSTON, NEW YORK 12401 (845) 600-O000 ALFRED B. MAINETTI FAX (845) 477-1600 POUGHKEEPSIE VICTOR R. MAINETTI ( 1956-1993) WWW.MAINETTl.LAW 9 MANSION STREET MICHAEL A. MAINETTI POUGHKEEPSIE, NY 12601 ALEXANDER E. MAINETTI (845) 600-O000 MICHAEL J.KAVANAGH JOSEPH M. PUGLIESE April 21, 2022 Shayna D. Gorski, Esq. LAW OFFICES OF JENNIFER S. ADAMS One Executive Boulevard, Suite 280 Yonkers, NY 10701 Re: McDonough, Charles vs. Byers, Najoir & Brown, Dajour County of Orange Index #EF008166-2021 Counselors: Enclosed please find for service upon you relative to the above matter: 1. Verified Bill of Particulars; 2. Responses to Combined Discovery Demands; 3. Notice to Take Deposition Upon Oral Examination and Combined Discovery Demands; 4. Demand for Verified Bill of Particulars With Respect to Alleged Affirmative Defenses; 5. Plaintiff's Notice for Physical Examination and Exchange of Medical Information; and, 6. Revocation of Consent to Service by Facsimile. If you have questions or concerns, please feel free to contact office. any my Very truly yours, MAINETTI & MAINETTI, P.C. zm B. C. Phipps, Para Enclosure 1 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 SUPREME COURT: STATE OF NEW YORK COUNTY OF ORANGE ~~~~~~-----------~~~-----~~------~~-~~Ç CHARLES MCDONOUGH RESPONSE TO DISCOVERY Plaintiff(s), DEMANDS - against - Index No.: EF008166- 2021 DAJ OUR A. BROWN and NAJOIR J. BYERS Defendant(s). ~~~-~~~~~~~~~-----~~~~~~~~~~~~~Ç Plaintiff(s), CHARLES MCDONOUGHby and throughhis attorneys, MAINETTI 82 MAINETTI, P.C. as and for his Responses to Combined Demands, in Discovery response to demand therefor by LAW OFFICES OFJENNIFER S. ADAMS, attorney(s) for DAJOUR A. BROWN and NAJOIRJ. BYERS,hereby respectfully set(s) forth and allege(s) as follows: 1. RESPONSE TO DEMAND FOR INCIDENT REPORTS: Annexed hereto is a copy of the Police Report related to the incident mentioned herein. 2. RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF WITNESSES: (a-f) At the present time, plaintiff is unaware of eyewitnesses to this instant any action. Should plaintiff obtain and/or locate eye witnesses, plaintiff reserves his any right to supplement and/or amendthis response to and the time of up including trial. 3. RESPONSE TO DEMAND F OR STATEMENTS: At the present time, the plaintiff is not in possession of any statements made by any party represented herein. Should plaintiff obtain any such statements, plaintiff reserves his right to 2 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 supplement and/or amend this response to and the time of trial. up including 4-5. RESPONSE TO DEMAND FOR PHOTOGRAPHS: At this time, the plaintiff is not in possession of photographs the place of occurrence and/or any depicting plaintiff's injuries. Should plaintiff obtain such photographs, plaintiff reserves any his right to supplement and/or amend this response to and the time of up including trial. 6. RESPONSE TO DEMAND FOR PHOTOGRAPHS: Not applicable; Plaintiff is not making claim for property damage. 7. RESPONSE TO DEMAND FOR THE PRODUCTION OF INSURANCE AGREEMENTS: Annexed hereto is a duly executed HIPAA compliant authorization to obtain the Plaintiff's no fault file from Progressive Insurance Company, 725 Broadway, Albany, New York 12207. 8-11. RESPONSE TO DEMAND FOR EXPERT INF ORMATION: The plaintiff has not yet retained the services of an expert witness in this matter. However, plaintiff reserves the right to call of his medical providers to offer any testimony concerning treatment, diagnosis, prognosis, opinions causation and permanency. The regarding plaintiff's treating physicians are expected to about the injuries suffered by testify the plaintiff. It isexpected that the doctors will testify that the injuries suffered by the plaintiff are related to the accident, which is the subject of this causally doctors' doctors' litigation. The opinions and will be based upon such testimony treatment of the plaintiff, review of the diagnostic tests performed to the pertaining plaintiff and allof the plaintiff's medical records. The doctors are also expectedto 3 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 that the plaintiff's injuries are permanent and that will result in testify they permanent pain, restriction, loss of range of motion and limitation in activities as a result of the injuries suffered in this accident. The doctors are also expected to about the nature of any future surgery, treatment or that may be testify therapy required the plaintiff to treat his injuries, and to provide prognosis as to the by plaintiff's condition. Plaintiff reserves his right to supplement and or amend this response up to and including the time of trial. 12. RESPONSE TO DEMAND FOR REPAIR BILLS/ESTIMATES: Not applicable; Plaintiff is not in making a claim for damage. property 13. RESPONSE TO DEMAND FOR LIST OF ATTORNEYS: At the present time, the following attorneys have appeared in the above captioned action: ALEXANDER E. MAINETTI, ESQ. MAINETTI & MAINETTI, P.C. Attorneys for Plaintiff(s) 130 N. Front Street Kingston, New York 12401 (845) 600-0000 SHAYNA GORSKI, ESQ. LAW OFFICES OF JENNIFER S. ADAMS for Defendant - Damian S. Valle Attorney One Executive Boulevard, Suite 280 Yonkers, NY 10701 Telephone: (716) 810-1320 14. RESPONSE TO DEMAND FOR MEDICAL INFORMATION AND HOSPITAL AUTHORIZATIONS: (1-5) Annexed hereto are copies of plaintiff's medicalrecords contained within our files along with duly executed HIPAA compliantunrestricted 4 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 authorizations to the following treating providers: Access Physical Therapy & Wellness 1450 NY-208 Wallkill, NY 12589 Peak Physical Therapy 260 North Street Newburgh, NY 12550 Clapper Chiropractic, PC 1650 Route 300 Newburgh, NY 12550 Orthopedic Associates of Dutchess County 1910 South Road Poughkeepsie, NY 12601 15. RESPONSE TO DEMAND FOR EXPERT INFORMATION: See response "8- 11" above. 16. RESPONSE TO DEMAND FOR LICENSE: Annexed hereto is a copy of Plaintiff's license. 17-18. RESPONSE TO DEMAND FOR TAX RETURNS/EMPLOYMENT RECORDS: Not applicable; Plaintiff is not making a claim for lost wages. 19. RESPONSE TO DEMAND FOR MEDICAL INFORMATION AND "14" HOSPITAL AUTHORIZATIONS: See response above. 20. RESPONSE TO DEMAND FOR SCHOOL RECORDS: Not applicable; Plaintiff is not a student. 21. RESPONSE TO DEMAND FOR THE PRODUCTION OF INSURANCE '7" AGREEMENTS: See response above. 22. RESPONSE TO DEMAND PURSUANT TO CPLR 306A & 306B: Annexed 5 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 hereto is a copy of the confirmation notice provided by the court when Plaintiff electronically filed the Summons and Complaint for the incident mentioned herein, which is proof of purchase of the index number, WORKERS' 23. RESPONSE TO DEMAND FOR COMPENSATION FILE: Not workers' applicable; Plaintiff is not a compensation recipient. 24. RESPONSE TO DEMAND FOR NY DISABILITY FILE: Not applicable; Plaintiff is not a NY Disability recipient. 25. RESPONSE TO DEMAND FOR SOCIAL SECURITY FILE: Not applicable; Plaintiff is not a Social Security recipient. 26. RESPONSE TO DEMAND FOR MEDICAL INFORMATION "14" AUTHORIZATIONS: See response above. 27. RESPONSE TO DEMAND FOR SPECIFIC RELIEF REQUESTED: Plaintiff hereby respectfully set(s) forth and a demand for total damages in the allege(s) amount of one million dollars ($1,000,000.00). 28. RESPONSE TO DEMAND PURSUANT TO CPLR 306A & 306B: See "22" response above. Dated: Kingston, New York Yours Truly, March 29, 2022 JOSEPH . PUGLIES , ESQ. MAINETTI & MAINETTI, P.C. Attorneys for Plaintiff(s) 130 N. Front Street Kingston, New York 12401 (845) 600-0000 6 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 TO: Shayna D. Gorski, Esq. LAW OFFICES OF JENNIFER S.ADAMS Attorneys for Defendant(s) DAJOUR A. BROWN and NAJOIR J. BYERS One Executive Boulevard, Suite 280 Yonkers, NY 10701 Telephone: (716) 810-1320 7 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 O'9a rselli NEWYORKSTATE" lil GRN NSE JOSEPH 12589 15/2021 C MCDONOUGH C RD 03 NY L FOREST 6 CHARLES WALLKILL ¤ C NONE 05 u R 39 D p 8 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 CN-025582-20 1 MV-104A (6/04) - KCP142CMH33R ¡ AMENDED REPORT . ACCIDENTDATE DAYOFWEEK MIUTARYTIME NO.OF ND.IN3UREDNO.IGLLED "EFTSCENEPOUCEPHOTOS NOTINVESTIGATED ATSCENE MONTH DAY YEAR MCLES 12 20 2020 Sunday 13:46 2 0 O ACGDENT O RECONSTRUCIED YES NO 2 VEHICLE 1 P VEHICLE 2 BICYCLIST PEDESTRIAN OTHER PEDESTRIAN 1 - DRIVER VEHICLE OFUC. STATE 2 - DRIVER VEHICUE ATEOFUC. uCENSE:D NY uCENSErDNUMsER 184240175 NY DRIVERNAME- EXACTLY NAME- EXACTLY DRIVER 21 ASPRINTED ONUCENSEMCDONOUGH, C 3 ASPRWTEDONUCENSEBYERS, NA30IR J 26 ADDRESS(INCLUDE NUMBERANDSTREET) APT.NO. ADDRESS(INCLUDE NUMBERANDSTREET) APT.NO. 139 FOREST RD 186 N MILLER ST 1 CITYORTOWN STATE ZIPCODE GTYORTOWN STATE ZIPCODE WALLKILL NY 12589 NEWBURGH NY 12550 1 DATEOFBIRTH UCENS OFOCCUPANTSBLIC DATEOFBIRTH SIDC UNLICENSEDNO.OFOCCUPANTSPUBUC ac ERTY O 23 M 01 03 28 2001 M 02 N REGISTRATION SEX OFBIRTH NAME- EXACTLY ASPRINTEDONREGISTRATION SEX D OFB MONTH DAY YEAR MCDONOUGH,C 3 M ÎROWN, DA3OUR A M 04 0_5 1999 ADDRiiSS NUMBER (INCLUDE ANDSTREET) APT.NO HAZ. R1iLEASS ADDRESS (INCLUDE NUMBERANDSTREET) APT.NO HAZ. RELEASED 1 139 FOREST RD - O 145 W PARMENTER ST CITYORTOWN STATE ZIPCODE ^1TYORTOWN STATE ZIPCODE s WALLKILL NY 12589 NEWBURGH NY 12550 1 PLATENUMBER ;TATE OFABL VEHIO.E YEAR& MAKE VEHICLE TYPEINS.CODEDLATE OFREG. VEHICLE STATE VEHN1ETYPEINS.CODE NUMBER VEAR& MANE JMA1631 NY 2003 DODG PICK 693 KHD5069 NY 2008 ACUR 4DSD 626 TICKET/ARREST UCKET/ARREST NUMBERS(S) 1UMBERS(S) VIOLATION /tOLATION SECTION(S) 3ECTION(S) -^HECK IF INVOLVED VEHICLEIS: CHECKIF INVOLVED IS: VEMICLE GRCLETHEDIAGRAM SROWTHATDESOUBES THE ORORAW ACCMENT, V0UR0WN THAN MORE 95INCHES THAN MORE 95INCHES (MSRMˆ89.NUMBER DIAGRAM VS4GE5 THIE WIDE; WIDE: THAN34 MORE FEET LONG; MORE THAN34IEET LONG; REAREND LEFr1URN R1GHT TURN HEAD ANGLERIGHT ON 7 H ¤0PERATEDWrfHm ovERWEGHTPERMIT; OPERATED WIIHANCVERWEGHT PERIU OPERATED WIIHANOVERDINENSION PERNIT. OPERATED WITH ANOVERDIMENSION PERMIT. L 3. 5. 7" L VEHICLE 1DAMAGECO3ES L 2 DAMAGE VEMICLE CO*ES SIDEEW(PE LEFT TURN 41 E BOK1 - POINTOFIMPACT 1 2 E BOK1 - POINTOFRMPACT 2 BOX2 - MOSTDAMAGE 10 10 BOK2 - MOSTDAMAGE 1 1 2. 4,, o 2 ENTERUPTOTHREE 3 4 S ENTERUPTOTHREE 3 4 MOREDAMAGECODES 10 MOREDAMAGECODES ACCIDENT DIAGRAM | 12 1 VEHICLE BY: BY: VEHICLE TOWEDTO: TOWEDTO: See the lastpage of the MV-104A forthe VEH:CLEDAMAGECODiNG. accident diagram. a T 1-13SEEDIAGRAM ONRIGHT. 9, 2 g 14.UNDERCARR1AGE 17.DEMOUSHS COST TOANYONEVEHICLE OFREPAIRS WILLBEMORETHANS1,000. 15.TRAtLER 18.NODAMAGE 16.OVERTURNED 19.OTHER 1 9 UNKNOWN/UNABLE TO DETERMINE Ye5 ND amRDINATES GPAVA1UEE) PLACEWHEREACCIDENTOCCURRS: MARKER REFERENCE COUNTYORANGE CITY VILLAGE ¤TOWN OF NEWBURGH - ROADONWHICHAOCIDENT WILLTAMST (ROUTENUMBERORSTREETNAME) AT 1) INTERSECTING Agg 37 LONGITUDE/EASTING: (ROUTENUMBERORSmaiME) OR2) N $ op FEET MILES E W NEAREST (MILEPOST, INTERSECTING ROUTENUMBERORSTREETNAME) ACC(DENT DESCRIPTION/OPFICER'S NOTES D1 stated he was traveling southbound on William St when he was unexpectedly opposite direc tion side swiped by V2 by COVE the intersection at Ann St. D1 continued by saying that he observed V2 strike vi as a resul t of a reaction to uninvolved vehicle traveling westbound on Ann St by f ailing to yield the right of way .D2 a tated he was traveling many northbound on Nilliam St when he reacted to uninvolved vehicle traveling wes tbound on Ann St failing to yield the right of way causing V2 to a trike vi in order to avoid a motor vehicle aooident with the uninvolved vehicle . There 8 9 10 11 12 13 14 15 16 17 BY TO 19 NAMESOFALLINVOLVED PATEOFDEATHONLY A L B 2 1 4 1 19 M - - - BYERS, NA301R J C 2 3 4 1 20 M - - - JENKINS, ZELEEL L I N D O i L - v F E FICERS RANK POLICE BADGF./ID NO. NGCNO. PREGNCT/POSTSTATION/BEAT EWINGOFFICER DATE/TIME REVHiWED D APDSIGNATUREOFFICER TROOP/ZONESECTOR 12]27|2020 PHNTNAME INFUu. G PAREDES 625 03502 3 PAT ANDERSON, W 00:34 LastMOd:12/27/2020 12:34AM https://WWWmashtogic.com 00000001 9 of 23 FILED: ORANGE COUNTY CLERK 04/21/2022 10:46 AM INDEX NO. EF008166-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/21/2022 P L ÒÓ Ã ÈN E 1 CN-025582-20 MV-104A (6/04) KCP142CMH33R ¡ AMl-IVDED REPORT ACCIDENTDATE DAYOFWEEK MIUTARYTIME NO.OF . IN3UREDNO.KILLED LEFTSCENE PHOTOS NOTINVESTIGATED ATSCENE MONTH DAY YEAR VEHICLES 12 20 2020 13:46 2 0 0 ACCDENTRECONSTRUCTED YES NO Sunday VEHICLE 1 VEHICLE BICYCLIST PEDESTRIAN [.. OTHER PEDESTRIAN I - DRIVIER VEHICLE STATEOFUC. - DRIVER VEMICLE OFUC. 2 UCENSEm NUMBER UCENSEIDNUMBER DRIVER NAME - EXACILY NAME- EXACTLY DRIVER 21 ONUCENSE ASPRINTED ASPRINTED ONLICENSE ADDRESS(INCLUDE NUMBERANDSTREET) APT.NO. ADDRESS NUMBER (INCLUDE ANDSTREET) APT.NO. CIWORTOWN STATE ZIPCODE CITYORTOWN STATE ZIPCODE - DATEOFBIRTH - - SEX UNL1CENSBNO.OFOCCUPANTS o =o- PUBUC DATEOF BIRTH - - SEX UNUCENSED o NO.OFOCCUPANTSPUBLIC =o NAME- EXACTLY ASPRINTEDONREGISTRATION SEX DATEOFBIRTH NAME- EXACTLY ASPRINTEDONREGISTRATION SEX DA OFBIRTH MO DAY YEAR MONTH DAY YEAR ADDRESS NUMBER (INCLUDE AND$UtEET) APT.NO.HAZ. RELEASEDADDRESS(INCLUDE NUMBERANDSTREET) APT.NO.HAZ, RELEASED MAT. MAT. mm COD .. - CITYORTOWN STATE ZIPCODE CITYORTOWN STATE ZIPCODE PLATE NUMBER ATE oFRElli VEHICLE YEAR& MAKE VEHICLE TYPEINS.CODEPLATENUMBER OFREG. VEHICLE STATE YEAR& MAKE HICLE WPEINS.CODE TICKET/ARREST TICKET/ARREST NUMBERS(S) NUMBERS(S) VIOLATION VIOLATION SECTION(5) SECTION(S) CHECK VEHICLE IFINVOLVED IS: CECKIF INVOLVED VEHICLE IS: CIRCLE THEDIAGRAM BELOW DESOUBES M(AT THE ACCIDENT, TCUR ORORAW OWN MtAN95 INCHES INSPACE DIAGRAM 89.NUMBER DIEVENICLES. MORE WIDE: HDRE BfAN95INCKES WIDE: M RiET THAN MDRE LONG; THAN MORE 34FEET LONG; REAR END LEPTMIRN RIGHT ANGLERIGHT ON TURN "tEAD H WnHAN cPERATED OVERWEGHT PERMm H WpHm OVERWEIGHT OPERATED PERM) L VEHICLE 1DAMAGECODES L VEHICLE 2 DAMAGE COiES SIDESWIPE TURN LEPT anemeoluenmo 2 E BOX1 - MINT OFIMPACT 1 2 E BOX1- MINT OFIMPACT 1 2 80K2 - MOST DAMAGE 80X2 - MOSTDAMAGE ENTERUPTOTHREE 3 4 S ENTERUPTOTHREE 3 4 3 MOREDAMAGECODES MOREDAMAGECODES ACCIDENTDIAGRAM BY: VEMIQ.E VEHICLE BY: TOWEDTO: TOWEDTO: 4 S 6 DAMAGE VEHICLE CODING: 1-13SEEDIAGRAM ONRIGHT. g, 2 D 8 14.UNDERCARRIAGE 17.DEMOLISHS TOANYONEVEMICLE COSTOFREPAIRS WILLBEMORETHAN$1,000. 15.TRAILER 18.NODAMAGE 1 9 16.OVERTURNED 19.OTHER 12 11 10 ]UNKNOWN/UNABLE TO DETERMINE Yes ¤ NO COORDINATES UFAVARABLE)PLACEWHEREAOCIDENTOCCURRED: MARKER REFERENCE RM COUNTYORANGE ¤ CITY VIL1AGE TOWN OF ROADONWHICHACCIDENT (ROUTENUMBERORSTitEET NAME) AT 1) INTERSECTING LONGITUDF,/EASTING: (ROUTE NUMBER ORSTREETNAME) OR2) N S a FEET MILES E W NEAREST (MILEPDST, INTERSECTING