Preview
FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, ANSWER
Plaintiff, Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
The Defendant(s), ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR,
by Law Offices of Karen L. Lawrence, as and for his/her/their Answer to the Complaint herein,
allege(s) as follows:
FIRST: Denies/deny any knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) designated as 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 26,
and 28, of the Complaint herein.
SECOND: Upon information and belief, denies/deny each and every allegation
contained in paragraphs designated as 27, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 of the
Complaint herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of
the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of this(these) answering Defendant(s).
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AS AND FOR A SCOND AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and
thereby contributed to the alleged injuries.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That the Court lacks jurisdiction over the person of the Defendant(s) ELSY R.
ESCOBAR SARAVIA and ARNELGE ESCOBAR by reason of the non-service of the summons
upon the Defendant(s) ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, either
personally or by substituted service.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That to the extent plaintiff recovers any damages for the cost of medical care,
dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursements, from
whatever source, whether it be insurance, social security payments, no fault payments, Workers
Compensation, employee benefits or other such programs, in accordance with the provisions of
the CPLR 4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
In the event that any person or entity liable or claimed to be liable for the injury
alleged in this action has been given or may hereafter be given a release or covenant not to sue,
defendant will be entitled to protection under General Obligations Law 15-108 and the
corresponding reduction of any damages which may be determined to be due against this
answering defendant.
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WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the
Complaint herein with costs.
DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
Our File No.: 14667
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of all witnesses known to the Plaintiff(s) and the
Plaintiff's representatives, who it will be claimed were witnesses to the
following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of the Plaintiff(s) or the Plaintiff(s)
representatives.
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
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5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s)
representatives, even if made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected
to testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert's opinion.
12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for
one (1) year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period
commencing one (1) year prior to the date of the subject occurrence and
continuing to the present date. This authorization shall allow access to,
but shall not be limited to, records regarding the Plaintiff(s)' salary and
attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
15. Copies of the Plaintiff(s)' City, State and Federal Income Tax Records for
the period commencing two (2) years prior to the date of the subject
occurrence and for all subsequent years up to and including the present. If
such records, or a portion thereof are unavailable, authorizations to obtain
such records from the Internal Revenue Service and/or New York State
Department of Taxation. If income tax returns were not filed for such
period or a portion thereof, so state in reply to this demand.
2
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16. Duly executed and acknowledged original authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage
records for each Plaintiff for the period from the date of occurrence to the
present.
17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
Insurance Law of the State of New York (No-Fault Law); with respect to
each and every application:
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,
including OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
18. If a claim has or will be made pursuant to the terms of the Workers'
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim number to
which a claim has been or will be made, together with the Workers'
Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
19. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
(a) Set forth the claim office, the address and the claim number
assigned.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the contents of:
(a) Each and every collateral source of payment, including but not
limited to, insurance agreements, Social Security, Workers'
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
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(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
(d) The amounts and any and all correspondence in which, the
plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff
husband/wife. Please set forth a copy of their Marriage Certificate.
22. If it is claimed that the infant Plaintiff is the natural son/daughter of the
Plaintiff mother/father or natural guardian set forth a copy of the Birth
Certificate of infant Plaintiff.
23. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff(s) for the current calendar year.
24. Copies of any and all bills, statements or receipts relating to any non-
medical expense claimed as damages in this lawsuit which have not been
produced in response to any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
any other damaged property. If the vehicle was not repairable, in addition,
attach estimates of the value of the vehicle on the date of the alleged
incident and estimates and/or receipts concerning salvage value.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the
damages claimed by Plaintiff(s).
27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to
use during the trial of this case and which have not been produced in
response to any of the preceding paragraphs.
28. All documents, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021
DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
Our File No.: 14667
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, DEMAND FOR VERIFIED BILL OF
PARTICULARS WITH NOTICE
Plaintiff, PURSUANT TO C.P.L.R. SECTION
3042(c)
-against-
Index No. 522828/2021
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that you are hereby required to file and serve the
following Verified Bill of Particulars of Plaintiff's alleged cause of action herein, within thirty
(30) days from the date of service hereof.
1. The date and time of occurrence.
2. State the location of the accident in sufficient detail to permit
identification, giving direction in which each vehicle was proceeding.
3. Statement of the acts of omissions constituting the negligence claimed.
4. State what part of each of the respective vehicles came in contact.
If property damages are being claimed, set forth:
5. Itemized statement of the alleged damage to Plaintiff's vehicle, together
with the costs of repair of each item.
6. State the make, model and year of manufacture of Plaintiff's vehicle and
the reasonable market value of same immediately prior to and immediately
after the alleged accident.
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If personal injuries are being claimed, set forth:
7. The nature, extent, location and duration of each and every injury alleged
to have been sustained by the Plaintiff and which, if any, are claimed to be
permanent.
8. The length of time, giving specific dates, Plaintiff was confined to:
(a) the hospital,
(b) to bed, and
(c) to home as a result of the alleged injuries.
9. The length of time incapacitated from employment and/or household
duties as a result of the alleged injuries. If Plaintiff is a student, the length
of time incapacitated from school as a result of the alleged injuries.
10. Total amounts claimed as special damages for:
(a) physician's services;
(b) medical supplies;
(c) loss of earnings;
(d) nurses' services;
(e) hospital expenses;
(f) x-rays expenses;
(g) any other items of special damage;
(h) name and address of Plaintiff's employer at the time of the
accident. If Plaintiff is self-employed, please state nature of
business, business name and address. If Plaintiff is a student, name
and address of school attending at time of accident, and designated
class or grade.
11. State in what respect Plaintiff has sustained a serious injury, as defined in
Subdivision (d) of Section 5102 of the Insurance Law, or economic loss
greater than basic economic loss, as defined in Subdivision (a) of 5102 of
the Insurance Law.
12. If negligent entrustment is alleged, set forth, with specificity, each and
every fact which constitutes the basis of the claim.
13. Set forth the manner in which it is claimed the negligent entrustment
occurred.
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14. If it is alleged that the owner of the vehicle had prior knowledge of some
propensity to be alleged by the Plaintiff regarding the operation of the
vehicle, set forth:
(a) What propensities or actions it is alleged the owner of the vehicle
was aware of.
(b) Set forth if the owner of the vehicle had actual or constructive
notice.
(c) If actual notice is alleged:
(1) Set forth the date, time and place which will be alleged that
the owner was made aware of the propensities, actions, or
traits.
(2) Set forth the names and addresses of the individuals it will
be alleged so advised the owner of our vehicle of the
propensities, actions, or traits of our operator.
15. If Plaintiff prayed for general relief, state the total damages to which all
Plaintiff(s) deem himself/herself/themselves entitled.
16. If Plaintiff prayed for general relief, state the total damages that each
Plaintiff deems himself/herself entitled.
17. Regarding Paragraph 16, state each category of damages and the amount
demanded in each category.
If a cause of action is claimed Section 205(e) of The General Municipal Law:
18. Set forth by Section every statute, regulations, ordinance, rule, order and
requirement of the Federal, State, County, Village, Town or City
government of any and all of their departments, divisions and bureau it is
alleged was violated by Defendant.
19. Identify for each act or omission it will be claimed was committed by
Defendant(s), the rule, regulation, statute, ordinance, order and
requirement it is claimed said act violated.
PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of
Particulars of the Plaintiffs' alleged cause of action is not served within thirty (30) days of receipt
of this Notice, an appropriate motion to preclude will be made pursuant to this Notice at the time
of trial of this action.
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DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
Our File No.: 14667
4
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, DEMAND FOR COPIES OF
PLAINTIFF’S MEDICAL REPORTS
Plaintiff,
Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York
State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to:
1. Serve upon and deliver to the attorney for Defendant(s), copies of the
medical reports of those physicians who have previously treated or
examined Plaintiff(s) and who will testify on his/her behalf. These shall
include a detailed recital of the injuries and conditions as to which
testimony will be offered at the trial, referring to and identifying those
x-rays and technician's reports which will be offered at the trial.
2. Serve upon and deliver to the attorney for Defendant(s), duly executed and
acknowledged written HIPAA Compliant Authorizations permitting all
parties to obtain and make copies of all hospital records and such other
records, including x-rays and technician's reports, as to be referred to and
identified in the statement of the Plaintiff(s) physicians.
3. Serve upon and deliver to the attorney for Defendant(s), copies of all
graphic, numerical, symbolic, digital, film, video, computer generated,
computer enhanced or otherwise produced electronically and/or digitally,
photographic or pictorial representations regarding any procedures,
treatments, admissions, office visits, injuries, scene of the accident or the
vehicles or instrumentalities involved, disabilities, medical or diagnostic
procedures or tests, performed by or on behalf of the Plaintiff(s) herein or
by any facility regarding the claims of the Plaintiff(s) herein.
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PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
demand, Plaintiff(s) will be precluded upon the trial of the within action from offering in
evidence or testifying as to any of the reports, records or examination demanded herein.
DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
Our File No.: 14667
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, NOTICE OF EXAMINATION
BEFORE TRIAL
Plaintiff,
Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law
and Rules, the undersigned will take the testimony of all Adverse Parties in the manner
following:
TO BE DETERMINED AT THE PRELIMINARY CONFERENCE
upon all the relevant facts and circumstances surrounding the accident which is the subject of
this action, including negligence, contributory negligence and damages; and for the purposes
authorized by Rule 3111 of the Civil Practice Law and Rules, said Plaintiff(s) is/are required to
produce at such examination the following:
All books, papers and records relating to said action in the possession, custody or
control of said Plaintiff(s) / Co-Defendant(s).
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DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
Our File No.: 14667
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, DEMAND PURSUANT TO
SECTION 306(a)
Plaintiff,
Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
IT IS HEREBY DEMANDED that you serve upon the undersigned, either a
copy of the receipt for the Index Number purchased or the date the Index Number was purchased
as per said receipt.
DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
ELSY R. ESCOBAR SARAVIA, ARNELGE
ESCOBAR
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone: (917) 297-3606
Fax: (866) 655-1125
Our File No. 0534226477.1-
TO: LAW OFFICES OF TARASOV & ASSOCIATES
Attorneys for Plaintiff
2566 86th Street, Suite 2
Brooklyn, New York 11214
(718) 368-0690
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Our File No.: 14667
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------------------------------------------------X
ONRIE T. HALL, DEMAND PURSUANT TO
SECTION 306(c)
Plaintiff,
Index No. 522828/2021
-against-
ELSY R. ESCOBAR SARAVIA and ARNELGE
ESCOBAR,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that pursuant to § 306-c Notice of commencement of
action for personal injuries by recipient of medical assistance, it is hereby demanded that you
serve upon the office of the undersigned, within thirty (30) days proof of compliance to the
following:
In the case of an individual who has suffered personal injuries and has received
medical assistance pursuant to Titles Eleven and Eleven-D of Article Five of the Social Services
Law on or after the date of such injury, notice of the commencement of an action by or on behalf
of such individual for such personal injuries shall be sent to the Social Services District in the
County in which such recipient resides, or to the Department of Health, by certified mail, return
receipt requested, or electronically in accord with regulations promulgated by the Commissioner
of the Department of Health, within sixty (60) days of the completion of service upon all parties
to such action. Proof of sending such notice shall be filed with the Court in accordance with
Rule Three Hundred Six of this Article. Sending such notice shall not be a jurisdictional
requirement to commencing an action.
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PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
DATED: Brooklyn, NY
October 13, 2021
Yours, etc.,
Law Offices of Karen L. Lawrence
Adam B. Hollander
Attorney for Defendant
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FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, ANSWER Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X The Defendant(s), ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, by Law Offices of Karen L. Lawrence, as and for his/her/their Answer to the Complaint herein, allege(s) as follows: FIRST: Denies/deny any knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) designated as 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 26, and 28, of the Complaint herein. SECOND: Upon information and belief, denies/deny each and every allegation contained in paragraphs designated as 27, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 of the Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S): Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of this(these) answering Defendant(s). 1 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 AS AND FOR A SCOND AFFIRMATIVE DEFENSE THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and thereby contributed to the alleged injuries. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That the Court lacks jurisdiction over the person of the Defendant(s) ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR by reason of the non-service of the summons upon the Defendant(s) ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, either personally or by substituted service. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): That to the extent plaintiff recovers any damages for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, social security payments, no fault payments, Workers Compensation, employee benefits or other such programs, in accordance with the provisions of the CPLR 4545. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S): In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, defendant will be entitled to protection under General Obligations Law 15-108 and the corresponding reduction of any damages which may be determined to be due against this answering defendant. 2 2 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the Complaint herein with costs. DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 Our File No.: 14667 3 3 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. The names and addresses of all witnesses known to the Plaintiff(s) and the Plaintiff's representatives, who it will be claimed were witnesses to the following: (a) The alleged occurrence in question. (b) Any alleged defective condition. (c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. (d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statements, oral, written or electronically recorded, from any party we represent, in the possession of the Plaintiff(s) or the Plaintiff(s) representatives. 3. Any photographs of the following: (a) The site of the alleged occurrence. (b) Any instrumentalities involved. 4. Any accident reports made in the normal course of business. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981). 4 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 8. In reasonable detail, the subject matter on which each expert is expected to testify; 9. The substance of the facts and opinions on which each expert is expected to testify; 10. The qualification of each expert witness, and; 11. A summary of the grounds for each expert's opinion. 12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for one (1) year prior to the alleged occurrence. 13. Copies of any letters or written communications from Plaintiff(s) to Defendant(s) citing any alleged defective conditions. 14. Duly executed authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commencing one (1) year prior to the date of the subject occurrence and continuing to the present date. This authorization shall allow access to, but shall not be limited to, records regarding the Plaintiff(s)' salary and attendance. (a) If Plaintiff is a student: duly executed authorization(s) allowing the undersigned to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence and continuing to the present date. 15. Copies of the Plaintiff(s)' City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof are unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If income tax returns were not filed for such period or a portion thereof, so state in reply to this demand. 2 5 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 16. Duly executed and acknowledged original authorizations permitting this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application: (a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made, including OBEL, Additional PIP and Medical Payments coverage. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "(a)". 18. If a claim has or will be made pursuant to the terms of the Workers' Compensation Law, with respect to each and every application: (a) Set forth the name, address, policy number and claim number to which a claim has been or will be made, together with the Workers' Compensation Board file number. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "(a)". 19. If a disability claim has or will be made pursuant to the terms of the Social Security Laws, with respect to each and every application: (a) Set forth the claim office, the address and the claim number assigned. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff. 20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every collateral source of payment, including but not limited to, insurance agreements, Social Security, Workers' Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiffs and for which recovery is sought in the instant action and 3 6 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 (b) A written statement setting forth any and all such collateral sources and their amounts. (c) Duly executed written authorizations permitting the undersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. (d) The amounts and any and all correspondence in which, the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff husband/wife. Please set forth a copy of their Marriage Certificate. 22. If it is claimed that the infant Plaintiff is the natural son/daughter of the Plaintiff mother/father or natural guardian set forth a copy of the Birth Certificate of infant Plaintiff. 23. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 24. Copies of any and all bills, statements or receipts relating to any non- medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 26. Any releases, and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). 27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this case and which have not been produced in response to any of the preceding paragraphs. 28. All documents, papers or evidence to be introduced at trial. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. 4 7 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 Our File No.: 14667 5 8 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, DEMAND FOR VERIFIED BILL OF PARTICULARS WITH NOTICE Plaintiff, PURSUANT TO C.P.L.R. SECTION 3042(c) -against- Index No. 522828/2021 ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that you are hereby required to file and serve the following Verified Bill of Particulars of Plaintiff's alleged cause of action herein, within thirty (30) days from the date of service hereof. 1. The date and time of occurrence. 2. State the location of the accident in sufficient detail to permit identification, giving direction in which each vehicle was proceeding. 3. Statement of the acts of omissions constituting the negligence claimed. 4. State what part of each of the respective vehicles came in contact. If property damages are being claimed, set forth: 5. Itemized statement of the alleged damage to Plaintiff's vehicle, together with the costs of repair of each item. 6. State the make, model and year of manufacture of Plaintiff's vehicle and the reasonable market value of same immediately prior to and immediately after the alleged accident. 9 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 If personal injuries are being claimed, set forth: 7. The nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff and which, if any, are claimed to be permanent. 8. The length of time, giving specific dates, Plaintiff was confined to: (a) the hospital, (b) to bed, and (c) to home as a result of the alleged injuries. 9. The length of time incapacitated from employment and/or household duties as a result of the alleged injuries. If Plaintiff is a student, the length of time incapacitated from school as a result of the alleged injuries. 10. Total amounts claimed as special damages for: (a) physician's services; (b) medical supplies; (c) loss of earnings; (d) nurses' services; (e) hospital expenses; (f) x-rays expenses; (g) any other items of special damage; (h) name and address of Plaintiff's employer at the time of the accident. If Plaintiff is self-employed, please state nature of business, business name and address. If Plaintiff is a student, name and address of school attending at time of accident, and designated class or grade. 11. State in what respect Plaintiff has sustained a serious injury, as defined in Subdivision (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in Subdivision (a) of 5102 of the Insurance Law. 12. If negligent entrustment is alleged, set forth, with specificity, each and every fact which constitutes the basis of the claim. 13. Set forth the manner in which it is claimed the negligent entrustment occurred. 2 10 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 14. If it is alleged that the owner of the vehicle had prior knowledge of some propensity to be alleged by the Plaintiff regarding the operation of the vehicle, set forth: (a) What propensities or actions it is alleged the owner of the vehicle was aware of. (b) Set forth if the owner of the vehicle had actual or constructive notice. (c) If actual notice is alleged: (1) Set forth the date, time and place which will be alleged that the owner was made aware of the propensities, actions, or traits. (2) Set forth the names and addresses of the individuals it will be alleged so advised the owner of our vehicle of the propensities, actions, or traits of our operator. 15. If Plaintiff prayed for general relief, state the total damages to which all Plaintiff(s) deem himself/herself/themselves entitled. 16. If Plaintiff prayed for general relief, state the total damages that each Plaintiff deems himself/herself entitled. 17. Regarding Paragraph 16, state each category of damages and the amount demanded in each category. If a cause of action is claimed Section 205(e) of The General Municipal Law: 18. Set forth by Section every statute, regulations, ordinance, rule, order and requirement of the Federal, State, County, Village, Town or City government of any and all of their departments, divisions and bureau it is alleged was violated by Defendant. 19. Identify for each act or omission it will be claimed was committed by Defendant(s), the rule, regulation, statute, ordinance, order and requirement it is claimed said act violated. PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of Particulars of the Plaintiffs' alleged cause of action is not served within thirty (30) days of receipt of this Notice, an appropriate motion to preclude will be made pursuant to this Notice at the time of trial of this action. 3 11 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 Our File No.: 14667 4 12 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, DEMAND FOR COPIES OF PLAINTIFF’S MEDICAL REPORTS Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to: 1. Serve upon and deliver to the attorney for Defendant(s), copies of the medical reports of those physicians who have previously treated or examined Plaintiff(s) and who will testify on his/her behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and technician's reports which will be offered at the trial. 2. Serve upon and deliver to the attorney for Defendant(s), duly executed and acknowledged written HIPAA Compliant Authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including x-rays and technician's reports, as to be referred to and identified in the statement of the Plaintiff(s) physicians. 3. Serve upon and deliver to the attorney for Defendant(s), copies of all graphic, numerical, symbolic, digital, film, video, computer generated, computer enhanced or otherwise produced electronically and/or digitally, photographic or pictorial representations regarding any procedures, treatments, admissions, office visits, injuries, scene of the accident or the vehicles or instrumentalities involved, disabilities, medical or diagnostic procedures or tests, performed by or on behalf of the Plaintiff(s) herein or by any facility regarding the claims of the Plaintiff(s) herein. 13 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this demand, Plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the reports, records or examination demanded herein. DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 Our File No.: 14667 2 14 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, NOTICE OF EXAMINATION BEFORE TRIAL Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned will take the testimony of all Adverse Parties in the manner following: TO BE DETERMINED AT THE PRELIMINARY CONFERENCE upon all the relevant facts and circumstances surrounding the accident which is the subject of this action, including negligence, contributory negligence and damages; and for the purposes authorized by Rule 3111 of the Civil Practice Law and Rules, said Plaintiff(s) is/are required to produce at such examination the following: All books, papers and records relating to said action in the possession, custody or control of said Plaintiff(s) / Co-Defendant(s). 15 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 Our File No.: 14667 2 16 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, DEMAND PURSUANT TO SECTION 306(a) Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: IT IS HEREBY DEMANDED that you serve upon the undersigned, either a copy of the receipt for the Index Number purchased or the date the Index Number was purchased as per said receipt. DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant ELSY R. ESCOBAR SARAVIA, ARNELGE ESCOBAR 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone: (917) 297-3606 Fax: (866) 655-1125 Our File No. 0534226477.1- TO: LAW OFFICES OF TARASOV & ASSOCIATES Attorneys for Plaintiff 2566 86th Street, Suite 2 Brooklyn, New York 11214 (718) 368-0690 17 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 Our File No.: 14667 2 18 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------------------------------------------------X ONRIE T. HALL, DEMAND PURSUANT TO SECTION 306(c) Plaintiff, Index No. 522828/2021 -against- ELSY R. ESCOBAR SARAVIA and ARNELGE ESCOBAR, Defendants. ---------------------------------------------------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that pursuant to § 306-c Notice of commencement of action for personal injuries by recipient of medical assistance, it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days proof of compliance to the following: In the case of an individual who has suffered personal injuries and has received medical assistance pursuant to Titles Eleven and Eleven-D of Article Five of the Social Services Law on or after the date of such injury, notice of the commencement of an action by or on behalf of such individual for such personal injuries shall be sent to the Social Services District in the County in which such recipient resides, or to the Department of Health, by certified mail, return receipt requested, or electronically in accord with regulations promulgated by the Commissioner of the Department of Health, within sixty (60) days of the completion of service upon all parties to such action. Proof of sending such notice shall be filed with the Court in accordance with Rule Three Hundred Six of this Article. Sending such notice shall not be a jurisdictional requirement to commencing an action. 19 of 31 FILED: KINGS COUNTY CLERK 10/18/2021 12:34 PM INDEX NO. 522828/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2021 PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Brooklyn, NY October 13, 2021 Yours, etc., Law Offices of Karen L. Lawrence Adam B. Hollander Attorney for Defendant