Preview
FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022
507832/2022E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
VERIFIED ANSWER
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
Defendants, KEITH TUBBS and KEITH TUBBS SR, by attorneys MARTYN, SMITH,
MURRAY & YONG, ESQS., answering the Original Verified Complaint of the plaintiffs herein allege:
1. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs designated “1”, “2”, “5”, “6”, “7”, “11”, “12”, “13”, “14”, “15”,
“16”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”,
“43”, “44”, “45”, “47”, “51”, “52”, “53”, “54”, “55”, “56”, “67”, “68”, “69”, “70”, “71”, “72”, “73”,
“74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84” and “85” of the Verified Complaint.
2. The allegations contained in paragraphs designated “3”, “4”, “10” and “50” are
admitted.
3. Deny each and every allegation contained in paragraphs designated “8”, “9”, “17”,
“18”, “19”, “20”, “23”, “25”, “48”, “49”, “57”, “58”, “59”, “60”, “63” and “65” of the Verified
Complaint.
4. Deny each and every allegation contained in paragraphs designated “21”, “22”, “61”
and “62” of the Verified Complaint and respectfully requests all questions of law be referred to the
Court.
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5. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs designated “24” and “64” of the Verified Complaint and
respectfully requests all questions of law be referred to the Court.
6. Defendants repeat and reiterate all the admissions and denials contained in the
foregoing Answer, with reference to those paragraphs repeated and reiterated in paragraph “26”, “46”
and “66” of the Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
7. That whatever injuries and damages the plaintiff may have sustained as alleged in the
Complaint herein were caused, in whole or in part by the culpable conduct of the plaintiff, including
comparative negligence and assumption of risk of the plaintiff and failure to wear a seatbelt and/or
other restraints in accordance with Section 1229-C of the New York State Vehicle and Traffic Law
and plaintiff’s damages should be reduced by such culpable conduct.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8. That if plaintiff’s economic losses were replaced or indemnified from collateral sources,
then this Defendant is entitled to have the Court consider these pursuant to CPLR 4545.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. That the injuries and damages allegedly sustained by plaintiff is barred pursuant to
Insurance Law 5104 unless plaintiff has sustained a serious injury and/or greater than basic economic
loss.
THE DEFENDANTS, KEITH TUBBS AND KEITH TUBBS SR, SET
FORTH THE FOLLOWING UPON INFORMATION
AND BELIEF AS AND FOR A CROSS-CLAIM
AGAINST THE CO-DEFENDANTS,
JOHAN A. GARCIA AND WILLY Y. ARIAS
10. That if the damages and injuries alleged in the Original Verified Complaint filed herein
by the plaintiffs were the result of any negligence other than plaintiffs’ own negligence, then such
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injuries and damages were caused wholly or in part by the negligence of the co-defendants, in the
ownership, operation, maintenance and control of co-defendants’ motor vehicle and in that said motor
vehicle was operated in a careless, reckless and negligent manner and without any negligence or active
participation on the part of KEITH TUBBS and KEITH TUBBS SR contributing thereto and in that
said co-defendants actually, caused, created, maintained and were responsible for the conditions
alleged in the plaintiff’s Original Verified Complaint and at the situs of the occurrence and in that the
aforesaid co-defendants were the primary wrongdoers of any and all unusual or wrongful acts and
were responsible for the conditions alleged in plaintiffs’ Original Verified Complaint and that for these
reasons the co-defendants are obligated to indemnify and hold harmless KEITH TUBBS and KEITH
TUBBS SR from and against any and all liability and damages which may be imposed upon it by reason
of this lawsuit and that if any negligence or liability is found to exist on the part of KEITH TUBBS
and KEITH TUBBS SR such liability and negligence will be secondary and/or passive or the result
solely of operation of law as opposed to the liability of the co-defendants whose liability will be primary
and active as aforesaid and in such event KEITH TUBBS and KEITH TUBBS SR demand judgment
over and against co-defendants for the amount of any verdict or judgment which shall or may be had
against KEITH TUBBS and KEITH TUBBS SR in this action together with all costs and expenses
which may be incurred in the defense of this action.
SECOND CROSS-CLAIM
11. That the defendants, KEITH TUBBS and KEITH TUBBS SR repeat and reiterate
each and every allegation set forth in the First Cross-claim with the same force and effect as if set
forth at length herein.
12. That if KEITH TUBBS and KEITH TUBBS SR are held liable in this action, such
liability and damages will have arisen out of and have been contributed to in all or in part by the
negligence of the co-defendants in the ownership, operation, maintenance and control of co-
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defendants’ motor vehicle and in such event KEITH TUBBS and KEITH TUBBS SR demand
judgment over and against the aforesaid co-defendants for all or part of any verdict or judgment which
shall or may be had against KEITH TUBBS and KEITH TUBBS SR in this action and that such
damages shall be apportioned accordingly as the proportion of their respective liability shall be
determined.
WHEREFORE, the defendants, KEITH TUBBS and KEITH TUBBS SR demand
judgment dismissing the Original Verified Complaint of the plaintiffs herein as to it together with the
costs and disbursements of this action and further demands that the ultimate rights of KEITH TUBBS
and KEITH TUBBS SR and of the plaintiffs, and of the co-defendants, be determined in this action
and that KEITH TUBBS and KEITH TUBBS SR have judgment over and against the aforesaid
parties for all or part of any verdict or judgment which shall or may be had against KEITH TUBBS
and KEITH TUBBS SR in this action, together with all reasonable costs and expenses which may
have been incurred in the defense of this action.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
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TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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STATE OF NEW YORK)
ss:
COUNTY OF NASSAU)
Megan Catherine Brady, duly admitted to practice law before the Courts of the State of New
York, affirms the following to be true under the penalties of perjury:
That (s)he is an attorney with the office of MARTYN, SMITH, MURRAY & YONG, ESQS.
attorneys for the defendants, KEITH TUBBS and KEITH TUBBS SR, with offices at (Office 0208),
102 Motor Parkway, Suite 230, Hauppauge, NY 11788, County of Nassau, State of New York; that
(s)he has read the foregoing ANSWER and knows the contents thereof and that the same is true to
her/his own knowledge except as to matters therein stated to be alleged on information and belief
and that as to those matters (s)he believes it to be true.
That the reason why this affirmation is made by affirmant and not by the defendants is that
the defendants do not reside in the County where MARTYN, SMITH, MURRAY & YONG, ESQS.
have their aforesaid offices. That the sources of affirmant’s information and grounds of her/his belief
as to all matters in the foregoing Answer therein stated upon her/his knowledge are records, reports,
and correspondence in connection with this matter reviewed by your affirmant.
Dated: Hauppauge, NY
July 07, 2022
___________________________________
MEGAN CATHERINE BRADY
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507832/2022E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
DEMAND FOR VERIFIED
BILL OF PARTICULARS
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that the defendants hereby demand that plaintiffs serve on the
undersigned, within twenty (20) from the date of service hereof a verified bill of particulars with
respect to the following matters:
1. State the exact date and approximate time of day of the occurrence.
2. Describe the location of the accident in sufficient detail to permit definite
identification.
3. State the acts or omissions constituting the negligence claimed.
4. Set forth the nature and extent of the injuries claimed to have been
sustained.
5. Describe the injuries claimed to be permanent in their nature and
consequences in sufficient detail to permit definite identification.
6. If this is an action for personal injuries arising out of negligence in the use
or operation of a motor vehicle in this state, set forth in what respect has
plaintiff sustained a serious injury as defined in Ins. Law 5102, or economic
loss greater than basic economic loss as defined in Ins. Law 5102.
7. Set forth the length of time it will be claimed plaintiff was confined (a) to
bed and (b) to house; (c) identify the hospital(s) to which confined.
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8. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's
salary or income, if any, per day, week or month.
9. Set forth the name and address of plaintiff's employer; or if self-employed,
so state, indicating the name and address under which the plaintiff is doing
business.
10. Set forth the length of time, if any, plaintiff was incapacitated from
employment or occupation, or if plaintiff was a student, give the name of
the school attended, and the grade in which he was a student.
11. Set forth the amount of lost earnings or any financial loss incurred and the
method by which the lost earnings and financial loss is computed.
12. State (a) the plaintiff's date and place of birth (b) social security number (c)
present address and (d) the address of the plaintiff at the time of the
occurrence.
13. Set forth the amounts incurred for:
(a) medical, surgical and dental services, stating separately the amount of
each service identifying by whom rendered.
(b) hospital services, stating separately the name and address of each
hospital and the amount of each bill.
(c) nursing services.
(d) services for ambulance, x-rays, prescription drugs and prosthetics,
stating separately the amount of each bill and the service for which it
was rendered.
(e) any other item of expense, or damage.
14. Set forth the statutes or ordinances alleged to have been violated by the
defendant, designating by chapter, article, division, subdivision section,
paragraph and otherwise the particular portions and provisions of the
specific laws, ordinances, rules and regulations allegedly violated by
defendant.
15. State whether it is claimed that defendant had notice of the condition
complained of and if so, state whether actual or constructive notice is
claimed; if constructive notice is claimed, state for how long plaintiff claims
the alleged condition existed before the alleged accident; if actual notice is
claimed, state by whom and to whom such notice was allegedly given and
the place and time it was given, and whether oral or written and if written,
set forth a copy thereof.
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Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased, DEMAND FOR
MEDICAL
-against- INFORMATION
KEITH TUBBS, KEITH TUBBS SR, JOHAN A. Index No. 507832/2022E
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to C.P.L.R 3101 et seq. you are required to serve
and deliver to the undersigned within twenty (20) days the following:
Full, true, legible and complete copies of medical reports complying with the mandates of
22 NYCRR Section 202.17 of those physicians, dentists or other medical providers who have treated,
examined, consulted or saw the plaintiffs for the condition(s) alleged in the Complaint or any prior
related condition(s). 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-ray and technician reports
which will be offered at the trial.
The names and addresses of all physicians who have examined or treated the plaintiffs for
any of the injuries or conditions complained of or alleged herein, together with duly executed
authorizations permitting the defendants to examine such physician’s records.
Duly executed authorizations to examine all hospital records, including x-rays and
technician reports, involving the injuries or conditions complained of herein. All authorizations are to
expressly state the name, complete address and file number of each provider. All authorizations must
comply with the provisions of The Health Insurance Portability and Accountability Act (HIPAA)
Upon your failure to comply herewith, the plaintiffs herein will be precluded at the time of
trial of this action from offering in evidence any part of the hospital records, medical records, x-ray
reports or report of other technicians not made available pursuant to the aforementioned rule, nor
will the Court hear the testimony of any physicians whose medical reports have not been served
pursuant to the aforementioned demand.
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Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
NOTICE FOR DISCOVERY
AND INSPECTION
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law & Rules, the defendants
by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS., demand that each plaintiff and their
attorneys produce and permit discovery by the defendants, their attorneys or another acting on their
behalf, the following documents and things for inspection, copying and photographing:
1. Each plaintiff seeking to recover for the costs of medical care, dental care, custodial care
or rehabilitation services, loss of earnings or other economic loss is to serve on the defendants’
attorneys within thirty (30) days of the service of this demand, a statement of all past and future costs
and expense which has been or will, with reasonable certainty, be replaced or indemnified, in whole
or in part, from any collateral source such as insurance (except life insurance), social security, Worker’s
Compensation. Each statement is to set forth the name, address and insurance policy (or other account)
number of each collateral-source payor; and, separately stated for each payor, a list specifying the date
and amount of each payment and the name, address and social security number or other taxpayer
identification number of each payee. (C.P.L.R. 4545 (c)).
Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY
& YONG, ESQS., (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788 within thirty
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(30) days of receipt of this notice, at which time they will be physically inspected, copied or
mechanically reproduced and then returned.
PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the
aforerequested information may be sent prior to the above mentioned time in lieu of a personal
appearance at the above time.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW ISIAH
ESTRADA,
Plaintiff(s) Date Purchased,
NOTICE FOR DISCOVERY
AND INSPECTION
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law & Rules,
the defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS., demand that the
plaintiffs, co-defendant(s) and/or third party defendant(s) produce and permit discovery by
MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on their behalf, the following
documents and things for inspection, copying and photographing:
1. The names and addresses of any witnesses at the scene of the occurrence, or people
who in any way witnessed the happening of the occurrence involving the plaintiff in this action, or
who appeared on the scene immediately following the occurrence, pursuant to the rule in ZELLMAN
vs. METROPOLITAN TRANSPORTATION AUTHORITY, 40 A.D. 2d 248, WOLKEN vs.
E.W.HOWELL COMPANY, 4l A.D. 2d 545.
2. The names and addresses of any witnesses or persons whom the plaintiff proposes to
call as notice witnesses as to the purported dangerous, defective and/or unsafe condition allegedly
causing this occurrence pursuant to the rule set forth in ZAYAS vs. MORALES, 45 A.D. 2d 6l0.
Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY
& YONG, ESQS. (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788 within twenty
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(20) days after receipt of this notice at l0:00 in the forenoon of that day at which time they will be
physically inspected, copied or mechanically reproduced and then returned.
PLEASE TAKE FURTHER NOTICE, that if the above parties or their attorneys
obtaining names and addresses of persons who witnessed the occurrence or who have firsthand
knowledge of same or are notice witnesses, subsequent to the service of this notice, such information
is to be furnished to MARTYN, SMITH, MURRAY & YONG, ESQS. whenever so obtained. The
defendants will object at the time of trial of this action to the testimony of any persons not so identified.
PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the afore-
requested information may be sent prior to the above mentioned time in lieu of personal appearance
on the above date.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
NOTICE FOR DISCOVERY
AND INSPECTION
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to C.P.L.R §3101(d), defendants by attorneys,
MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs, co-defendant(s), and/or
third party defendant(s) and their attorneys, produce and permit discovery by MARTYN, SMITH,
MURRAY & YONG, ESQS. or another acting on its behalf, the following documents and things for
inspection, copying, photographing and testing:
1. Set forth the names and addresses of each person you intend to call as an expert
witness at the time of trial of this action, and
2. Describe in reasonable detail the subject matter on which each expert is expected
to testify, and
3. Set forth the substance of the facts and opinions to which each expert is expected
to testify, and
4. Set forth the qualifications of each expert, witness, and
5. Set forth a summary of the grounds for each expert’s opinion, and
Said documents, things and information are to be produced at the offices of MARTYN,
SMITH, MURRAY & YONG, ESQS., (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY
11788 within twenty (20) days after receipt of this notice at 10:30 o’clock in the forenoon of that day
at which time they will be physically inspected, copied or mechanically reproduced and then returned.
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PLEASE TAKE FURTHER NOTICE, that in the event that an expert is retained
subsequent to the service of this notice, such information is to be furnished to the office of MARTYN,
SMITH, MURRAY & YONG, ESQS. whenever so obtained. The defendants will object at the time
of trial of this action to the testimony of any expert witness with regard to whom you have failed to
comply with this Notice for Discovery and Inspection.
PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the afore-
requested information may be sent to the above named attorneys prior to the abovementioned time
in lieu of a personal appearance on the above date.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
NOTICE FOR DISCOVERY
AND INSPECTION
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, the
defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs,
co-defendant(s) and/or third party defendant(s) produce and permit discovery by MARTYN, SMITH,
MURRAY & YONG, ESQS. or another acting on their behalf, the following documents and things
for inspection, copying and photographing:
1. Copies of any and all answers, pleadings, notices for discovery and inspection,
discovery responses, medical-hospital records and reports served or exchanged to date.
2. Copies of any and all photographs, slides, videotapes or motion pictures depicting (a)
the scene of the accident, (b) the vehicle or vehicles involved (c) the defective condition involved (d)
the injuries to the plaintiff(s).
Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY
& YONG, ESQS. within twenty (20) days after receipt of this notice at l0:00 in the forenoon of that
day, at which time they will be physically inspected, tested, copied or mechanically reproduced and
then returned.
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Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased,
NOTICE FOR DISCOVERY
AND INSPECTION
-against-
Index No. 507832/2022E
KEITH TUBBS, KEITH TUBBS SR, JOHAN A.
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to Rule 3l20 of the Civil Practice Law and Rules,
defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs
and co-defendant(s) and/or third party defendant(s) and their attorneys produce and permit discovery
by MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on their behalf, the following
documents and things for inspection, copying, photographing and testing:
1. Copies, recordings, reproductions and/or transcriptions or any statements, written or
recorded, taken of or from defendants represented by the undersigned attorneys or from any agent,
servant and/or any of their agents, servants, employees or representatives.
2. Copies, recordings, reproductions and/or transcriptions of any admissions made by
the defendants represented by the undersigned attorneys or of any admissions made by any of its
agents, servants and/or employees which will be used by any of the parties at the time of trial. If the
alleged admissions were not written or transcribed, set forth (a) the name and address of the person
making the admission (b) the name and address of the person to whom the admission was made (c)
the date, time and place where the admission was made, and (d) set forth a statement as to exact
content of the alleged admission.
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3. Copies of any and all liens asserted against the plaintiffs and any and all agreements by
which the plaintiffs have assigned, sold, demised and/or otherwise transferred to any third party any
interest in this action and/or the monies anticipated to be recovered in this action (other than the
attorney’s fees relative to this action).
Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY
& YONG, ESQS. within twenty (20) days after receipt of this notice at l0:00 in the forenoon of that
day, at which time they will be physically inspected, tested, copied or mechanically reproduced.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Attorneys for Defendants
KEITH TUBBS and KEITH TUBBS SR
(Office 0208), 102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
TO: OFSHTEIN LAW FIRM, P.C.
Attorneys for Plaintiffs
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
(718) 455-5252
James G. Bilello & Associates
Attorney for Defendants
Johan A. Garcia, Willy Y. Arias
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
PRINCE ROBERT LOUIS AND MATHEW
ISIAH ESTRADA,
Plaintiff(s) Date Purchased, DEMAND FOR
STATEMENT OF
-against- MONETARY DAMAGES
KEITH TUBBS, KEITH TUBBS SR, JOHAN A. Index No. 507832/2022E
GARCIA AND WILLY Y. ARIAS,
Defendant(s).
--------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. § 3017(a)(c), you are required to serve
and deliver to the undersigned within fifteen (15) days the following:
Set forth the monetary amount of damages claimed for each and every cause of action alleged
in the Original Verified Complaint.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will result
in a motion that will request motion costs.
Dated: Hauppauge, NY
July 07, 2022
Yours & etc.,
MARTYN, SMITH, MURRAY & YONG,
ESQS.
Preview
FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 507832/2022E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, VERIFIED ANSWER -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X Defendants, KEITH TUBBS and KEITH TUBBS SR, by attorneys MARTYN, SMITH, MURRAY & YONG, ESQS., answering the Original Verified Complaint of the plaintiffs herein allege: 1. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated “1”, “2”, “5”, “6”, “7”, “11”, “12”, “13”, “14”, “15”, “16”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”, “47”, “51”, “52”, “53”, “54”, “55”, “56”, “67”, “68”, “69”, “70”, “71”, “72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84” and “85” of the Verified Complaint. 2. The allegations contained in paragraphs designated “3”, “4”, “10” and “50” are admitted. 3. Deny each and every allegation contained in paragraphs designated “8”, “9”, “17”, “18”, “19”, “20”, “23”, “25”, “48”, “49”, “57”, “58”, “59”, “60”, “63” and “65” of the Verified Complaint. 4. Deny each and every allegation contained in paragraphs designated “21”, “22”, “61” and “62” of the Verified Complaint and respectfully requests all questions of law be referred to the Court. 1 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 5. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated “24” and “64” of the Verified Complaint and respectfully requests all questions of law be referred to the Court. 6. Defendants repeat and reiterate all the admissions and denials contained in the foregoing Answer, with reference to those paragraphs repeated and reiterated in paragraph “26”, “46” and “66” of the Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7. That whatever injuries and damages the plaintiff may have sustained as alleged in the Complaint herein were caused, in whole or in part by the culpable conduct of the plaintiff, including comparative negligence and assumption of risk of the plaintiff and failure to wear a seatbelt and/or other restraints in accordance with Section 1229-C of the New York State Vehicle and Traffic Law and plaintiff’s damages should be reduced by such culpable conduct. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8. That if plaintiff’s economic losses were replaced or indemnified from collateral sources, then this Defendant is entitled to have the Court consider these pursuant to CPLR 4545. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. That the injuries and damages allegedly sustained by plaintiff is barred pursuant to Insurance Law 5104 unless plaintiff has sustained a serious injury and/or greater than basic economic loss. THE DEFENDANTS, KEITH TUBBS AND KEITH TUBBS SR, SET FORTH THE FOLLOWING UPON INFORMATION AND BELIEF AS AND FOR A CROSS-CLAIM AGAINST THE CO-DEFENDANTS, JOHAN A. GARCIA AND WILLY Y. ARIAS 10. That if the damages and injuries alleged in the Original Verified Complaint filed herein by the plaintiffs were the result of any negligence other than plaintiffs’ own negligence, then such 2 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 injuries and damages were caused wholly or in part by the negligence of the co-defendants, in the ownership, operation, maintenance and control of co-defendants’ motor vehicle and in that said motor vehicle was operated in a careless, reckless and negligent manner and without any negligence or active participation on the part of KEITH TUBBS and KEITH TUBBS SR contributing thereto and in that said co-defendants actually, caused, created, maintained and were responsible for the conditions alleged in the plaintiff’s Original Verified Complaint and at the situs of the occurrence and in that the aforesaid co-defendants were the primary wrongdoers of any and all unusual or wrongful acts and were responsible for the conditions alleged in plaintiffs’ Original Verified Complaint and that for these reasons the co-defendants are obligated to indemnify and hold harmless KEITH TUBBS and KEITH TUBBS SR from and against any and all liability and damages which may be imposed upon it by reason of this lawsuit and that if any negligence or liability is found to exist on the part of KEITH TUBBS and KEITH TUBBS SR such liability and negligence will be secondary and/or passive or the result solely of operation of law as opposed to the liability of the co-defendants whose liability will be primary and active as aforesaid and in such event KEITH TUBBS and KEITH TUBBS SR demand judgment over and against co-defendants for the amount of any verdict or judgment which shall or may be had against KEITH TUBBS and KEITH TUBBS SR in this action together with all costs and expenses which may be incurred in the defense of this action. SECOND CROSS-CLAIM 11. That the defendants, KEITH TUBBS and KEITH TUBBS SR repeat and reiterate each and every allegation set forth in the First Cross-claim with the same force and effect as if set forth at length herein. 12. That if KEITH TUBBS and KEITH TUBBS SR are held liable in this action, such liability and damages will have arisen out of and have been contributed to in all or in part by the negligence of the co-defendants in the ownership, operation, maintenance and control of co- 3 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 defendants’ motor vehicle and in such event KEITH TUBBS and KEITH TUBBS SR demand judgment over and against the aforesaid co-defendants for all or part of any verdict or judgment which shall or may be had against KEITH TUBBS and KEITH TUBBS SR in this action and that such damages shall be apportioned accordingly as the proportion of their respective liability shall be determined. WHEREFORE, the defendants, KEITH TUBBS and KEITH TUBBS SR demand judgment dismissing the Original Verified Complaint of the plaintiffs herein as to it together with the costs and disbursements of this action and further demands that the ultimate rights of KEITH TUBBS and KEITH TUBBS SR and of the plaintiffs, and of the co-defendants, be determined in this action and that KEITH TUBBS and KEITH TUBBS SR have judgment over and against the aforesaid parties for all or part of any verdict or judgment which shall or may be had against KEITH TUBBS and KEITH TUBBS SR in this action, together with all reasonable costs and expenses which may have been incurred in the defense of this action. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 4 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 5 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 STATE OF NEW YORK) ss: COUNTY OF NASSAU) Megan Catherine Brady, duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: That (s)he is an attorney with the office of MARTYN, SMITH, MURRAY & YONG, ESQS. attorneys for the defendants, KEITH TUBBS and KEITH TUBBS SR, with offices at (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788, County of Nassau, State of New York; that (s)he has read the foregoing ANSWER and knows the contents thereof and that the same is true to her/his own knowledge except as to matters therein stated to be alleged on information and belief and that as to those matters (s)he believes it to be true. That the reason why this affirmation is made by affirmant and not by the defendants is that the defendants do not reside in the County where MARTYN, SMITH, MURRAY & YONG, ESQS. have their aforesaid offices. That the sources of affirmant’s information and grounds of her/his belief as to all matters in the foregoing Answer therein stated upon her/his knowledge are records, reports, and correspondence in connection with this matter reviewed by your affirmant. Dated: Hauppauge, NY July 07, 2022 ___________________________________ MEGAN CATHERINE BRADY 6 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 507832/2022E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, DEMAND FOR VERIFIED BILL OF PARTICULARS -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that the defendants hereby demand that plaintiffs serve on the undersigned, within twenty (20) from the date of service hereof a verified bill of particulars with respect to the following matters: 1. State the exact date and approximate time of day of the occurrence. 2. Describe the location of the accident in sufficient detail to permit definite identification. 3. State the acts or omissions constituting the negligence claimed. 4. Set forth the nature and extent of the injuries claimed to have been sustained. 5. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 6. If this is an action for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, set forth in what respect has plaintiff sustained a serious injury as defined in Ins. Law 5102, or economic loss greater than basic economic loss as defined in Ins. Law 5102. 7. Set forth the length of time it will be claimed plaintiff was confined (a) to bed and (b) to house; (c) identify the hospital(s) to which confined. 7 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 8. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary or income, if any, per day, week or month. 9. Set forth the name and address of plaintiff's employer; or if self-employed, so state, indicating the name and address under which the plaintiff is doing business. 10. Set forth the length of time, if any, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 12. State (a) the plaintiff's date and place of birth (b) social security number (c) present address and (d) the address of the plaintiff at the time of the occurrence. 13. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered. (b) hospital services, stating separately the name and address of each hospital and the amount of each bill. (c) nursing services. (d) services for ambulance, x-rays, prescription drugs and prosthetics, stating separately the amount of each bill and the service for which it was rendered. (e) any other item of expense, or damage. 14. Set forth the statutes or ordinances alleged to have been violated by the defendant, designating by chapter, article, division, subdivision section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant. 15. State whether it is claimed that defendant had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 8 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 9 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, DEMAND FOR MEDICAL -against- INFORMATION KEITH TUBBS, KEITH TUBBS SR, JOHAN A. Index No. 507832/2022E GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to C.P.L.R 3101 et seq. you are required to serve and deliver to the undersigned within twenty (20) days the following: Full, true, legible and complete copies of medical reports complying with the mandates of 22 NYCRR Section 202.17 of those physicians, dentists or other medical providers who have treated, examined, consulted or saw the plaintiffs for the condition(s) alleged in the Complaint or any prior related condition(s). 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-ray and technician reports which will be offered at the trial. The names and addresses of all physicians who have examined or treated the plaintiffs for any of the injuries or conditions complained of or alleged herein, together with duly executed authorizations permitting the defendants to examine such physician’s records. Duly executed authorizations to examine all hospital records, including x-rays and technician reports, involving the injuries or conditions complained of herein. All authorizations are to expressly state the name, complete address and file number of each provider. All authorizations must comply with the provisions of The Health Insurance Portability and Accountability Act (HIPAA) Upon your failure to comply herewith, the plaintiffs herein will be precluded at the time of trial of this action from offering in evidence any part of the hospital records, medical records, x-ray reports or report of other technicians not made available pursuant to the aforementioned rule, nor will the Court hear the testimony of any physicians whose medical reports have not been served pursuant to the aforementioned demand. 10 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 11 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, NOTICE FOR DISCOVERY AND INSPECTION -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law & Rules, the defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS., demand that each plaintiff and their attorneys produce and permit discovery by the defendants, their attorneys or another acting on their behalf, the following documents and things for inspection, copying and photographing: 1. Each plaintiff seeking to recover for the costs of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss is to serve on the defendants’ attorneys within thirty (30) days of the service of this demand, a statement of all past and future costs and expense which has been or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except life insurance), social security, Worker’s Compensation. Each statement is to set forth the name, address and insurance policy (or other account) number of each collateral-source payor; and, separately stated for each payor, a list specifying the date and amount of each payment and the name, address and social security number or other taxpayer identification number of each payee. (C.P.L.R. 4545 (c)). Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY & YONG, ESQS., (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788 within thirty 12 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 (30) days of receipt of this notice, at which time they will be physically inspected, copied or mechanically reproduced and then returned. PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the aforerequested information may be sent prior to the above mentioned time in lieu of a personal appearance at the above time. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 13 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, NOTICE FOR DISCOVERY AND INSPECTION -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law & Rules, the defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS., demand that the plaintiffs, co-defendant(s) and/or third party defendant(s) produce and permit discovery by MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on their behalf, the following documents and things for inspection, copying and photographing: 1. The names and addresses of any witnesses at the scene of the occurrence, or people who in any way witnessed the happening of the occurrence involving the plaintiff in this action, or who appeared on the scene immediately following the occurrence, pursuant to the rule in ZELLMAN vs. METROPOLITAN TRANSPORTATION AUTHORITY, 40 A.D. 2d 248, WOLKEN vs. E.W.HOWELL COMPANY, 4l A.D. 2d 545. 2. The names and addresses of any witnesses or persons whom the plaintiff proposes to call as notice witnesses as to the purported dangerous, defective and/or unsafe condition allegedly causing this occurrence pursuant to the rule set forth in ZAYAS vs. MORALES, 45 A.D. 2d 6l0. Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY & YONG, ESQS. (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788 within twenty 14 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 (20) days after receipt of this notice at l0:00 in the forenoon of that day at which time they will be physically inspected, copied or mechanically reproduced and then returned. PLEASE TAKE FURTHER NOTICE, that if the above parties or their attorneys obtaining names and addresses of persons who witnessed the occurrence or who have firsthand knowledge of same or are notice witnesses, subsequent to the service of this notice, such information is to be furnished to MARTYN, SMITH, MURRAY & YONG, ESQS. whenever so obtained. The defendants will object at the time of trial of this action to the testimony of any persons not so identified. PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the afore- requested information may be sent prior to the above mentioned time in lieu of personal appearance on the above date. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 15 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, NOTICE FOR DISCOVERY AND INSPECTION -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to C.P.L.R §3101(d), defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs, co-defendant(s), and/or third party defendant(s) and their attorneys, produce and permit discovery by MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on its behalf, the following documents and things for inspection, copying, photographing and testing: 1. Set forth the names and addresses of each person you intend to call as an expert witness at the time of trial of this action, and 2. Describe in reasonable detail the subject matter on which each expert is expected to testify, and 3. Set forth the substance of the facts and opinions to which each expert is expected to testify, and 4. Set forth the qualifications of each expert, witness, and 5. Set forth a summary of the grounds for each expert’s opinion, and Said documents, things and information are to be produced at the offices of MARTYN, SMITH, MURRAY & YONG, ESQS., (Office 0208), 102 Motor Parkway, Suite 230, Hauppauge, NY 11788 within twenty (20) days after receipt of this notice at 10:30 o’clock in the forenoon of that day at which time they will be physically inspected, copied or mechanically reproduced and then returned. 16 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 PLEASE TAKE FURTHER NOTICE, that in the event that an expert is retained subsequent to the service of this notice, such information is to be furnished to the office of MARTYN, SMITH, MURRAY & YONG, ESQS. whenever so obtained. The defendants will object at the time of trial of this action to the testimony of any expert witness with regard to whom you have failed to comply with this Notice for Discovery and Inspection. PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the afore- requested information may be sent to the above named attorneys prior to the abovementioned time in lieu of a personal appearance on the above date. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 17 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, NOTICE FOR DISCOVERY AND INSPECTION -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, the defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs, co-defendant(s) and/or third party defendant(s) produce and permit discovery by MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on their behalf, the following documents and things for inspection, copying and photographing: 1. Copies of any and all answers, pleadings, notices for discovery and inspection, discovery responses, medical-hospital records and reports served or exchanged to date. 2. Copies of any and all photographs, slides, videotapes or motion pictures depicting (a) the scene of the accident, (b) the vehicle or vehicles involved (c) the defective condition involved (d) the injuries to the plaintiff(s). Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY & YONG, ESQS. within twenty (20) days after receipt of this notice at l0:00 in the forenoon of that day, at which time they will be physically inspected, tested, copied or mechanically reproduced and then returned. 18 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 19 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, NOTICE FOR DISCOVERY AND INSPECTION -against- Index No. 507832/2022E KEITH TUBBS, KEITH TUBBS SR, JOHAN A. GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to Rule 3l20 of the Civil Practice Law and Rules, defendants by attorneys, MARTYN, SMITH, MURRAY & YONG, ESQS. demand that plaintiffs and co-defendant(s) and/or third party defendant(s) and their attorneys produce and permit discovery by MARTYN, SMITH, MURRAY & YONG, ESQS. or another acting on their behalf, the following documents and things for inspection, copying, photographing and testing: 1. Copies, recordings, reproductions and/or transcriptions or any statements, written or recorded, taken of or from defendants represented by the undersigned attorneys or from any agent, servant and/or any of their agents, servants, employees or representatives. 2. Copies, recordings, reproductions and/or transcriptions of any admissions made by the defendants represented by the undersigned attorneys or of any admissions made by any of its agents, servants and/or employees which will be used by any of the parties at the time of trial. If the alleged admissions were not written or transcribed, set forth (a) the name and address of the person making the admission (b) the name and address of the person to whom the admission was made (c) the date, time and place where the admission was made, and (d) set forth a statement as to exact content of the alleged admission. 20 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 3. Copies of any and all liens asserted against the plaintiffs and any and all agreements by which the plaintiffs have assigned, sold, demised and/or otherwise transferred to any third party any interest in this action and/or the monies anticipated to be recovered in this action (other than the attorney’s fees relative to this action). Said documents and things are to be produced at the offices of MARTYN, SMITH, MURRAY & YONG, ESQS. within twenty (20) days after receipt of this notice at l0:00 in the forenoon of that day, at which time they will be physically inspected, tested, copied or mechanically reproduced. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Defendants KEITH TUBBS and KEITH TUBBS SR (Office 0208), 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 TO: OFSHTEIN LAW FIRM, P.C. Attorneys for Plaintiffs 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 (718) 455-5252 James G. Bilello & Associates Attorney for Defendants Johan A. Garcia, Willy Y. Arias 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 21 of 29 FILED: KINGS COUNTY CLERK 07/15/2022 04:36 PM INDEX NO. 507832/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X PRINCE ROBERT LOUIS AND MATHEW ISIAH ESTRADA, Plaintiff(s) Date Purchased, DEMAND FOR STATEMENT OF -against- MONETARY DAMAGES KEITH TUBBS, KEITH TUBBS SR, JOHAN A. Index No. 507832/2022E GARCIA AND WILLY Y. ARIAS, Defendant(s). --------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to C.P.L.R. § 3017(a)(c), you are required to serve and deliver to the undersigned within fifteen (15) days the following: Set forth the monetary amount of damages claimed for each and every cause of action alleged in the Original Verified Complaint. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will result in a motion that will request motion costs. Dated: Hauppauge, NY July 07, 2022 Yours & etc., MARTYN, SMITH, MURRAY & YONG, ESQS.