On May 27, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Linda Hite,
and
Aldi, Inc.,
for Torts - Other Negligence (Fall)
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 12/06/2022 02:03 PM INDEX NO. 2021-51999
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/06/2022
STONBERG MORAN, LLP
Attorneys at Law
505 Eighth Avenue, Suite 2302
New York, New York 10018
Phone: (212) 231-2220
Fax: (646) 349-3528
www.stonbergmoran.com
November 21, 2022
Via Email
BASCH & KEEGAN, LLP
Attorneys for Plaintiff
Office and P.O. Address
307 Clinton Avenue
P.O. Box 4235
Kingston, New York 12402
(845) 338-8884
Re: Linda Hite v. Aldi Inc.
Index No.: 2021-51999
Our File No.: ALD.30904
Dear Counsel:
As you know, our firm represents defendant, ALDI, INC. (NEW YORK), s/h/a ALDI, INC.,
in the above-referenced matter. A review of our file revealed that your office has not responded
to our Notice for Discovery and Inspection, dated October 27, 2022; (copies enclosed for your
immediate reference).
Please advise if your office will or will not be responding to this discovery demand. At the
time that this discovery demand was served, a number of discovery demands remained
outstanding and unresolved with your office. Your office filed the Note of Issue without resolving
all outstanding discovery.
As you are aware, CPLR 3101(a) requires fulldisclosure of all evidence material and
necessary in the prosecution or defense of an action. Del Vecchio v. Danielle Associates, LLC,
94 A.D.3d 941 (2nd Dept. 2012). The words “material and necessary” as used in CPLR 3101 must
be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy
which will assist preparation for trial by sharpening the issues and reducing delay and prolixity.
Cioffi v. S.M. Foods, Inc., 178 A.D.3d 1003 (2nd Dept. 2019); Zupnick v. City of New Rochelle,
173 A.D.3d 947 (2nd Dept. 2019); M.C. v. City of New York, 173 A.D.3d 728 (2nd Dept. 2019). If
there is any possibility that the information is sought in good faith for possible use as evidence-
in-chief or in rebuttal or for cross-examination, it should be considered evidence material in the
prosecution or defense and thus should be disclosed pursuant to CPLR 3101(a). Zupnick v. City
of New Rochelle, 173 A.D.3d 947 (2nd Dept. 2019).
Furthermore, it is well settled that a party must provide duly executed and acknowledged
written authorizations for the release of pertinent medical records under the liberal discovery
provisions of the CPLR when that party has waived the physician-patient privilege by affirmatively
FILED: DUTCHESS COUNTY CLERK 12/06/2022 02:03 PM INDEX NO. 2021-51999
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/06/2022
putting his or her physical or mental condition in issue. Romance v. Zavala, 98 A.D. 3d 726 (2nd
Dept. 2012); Cynthia B. v. New Rochelle Hosp. Medical Center, 60 N.Y.2d 452 (1983).
As you are aware, plaintiff alleges the following injuries as a result of this incident: 1) left
knee sprain/strain and contusion, 2) right hand injury, 3) lower back sprain/strain with disc
bulges at L2-L3 and L4-L5, and L5-S1, 4) aggravation of pre-existing osteoarthritis in the medial
and patella-foraminal compartment of the left knee, 5) aggravation of pre-existing degenerative
changes to the lumbar spine, 6) complex regional pain syndrome (CRPS) Type 1 of the left lower
extremity. As you are also aware, plaintiff admitted to the 2008 automobile accident where she
injured her neck and back. Therefore, defendant is entitled to obtain plaintiff’s medical treatment
records for all treatment plaintiff received to the back prior to the date of incident.
Kindly consider this letter defendant’s “good faith” attempt to obtain the requested
documentation without the intervention of the Court. Please provide the requested documentation
to this office within the next twenty (20) business days or our office will have no alternative but to
seek relief from the Court.
Thank you for your courtesies.
Very truly yours,
STONBERG MORAN, LLP
Carmen L. Borbon
Carmen.Borbon@stonbergmoran.com
Enclosure/
Document Filed Date
December 06, 2022
Case Filing Date
May 27, 2021
Category
Torts - Other Negligence (Fall)
Status
Disposed-Court Date/Application Pending
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Preview
FILED: DUTCHESS COUNTY CLERK 12/06/2022 02:03 PM INDEX NO. 2021-51999 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/06/2022 STONBERG MORAN, LLP Attorneys at Law 505 Eighth Avenue, Suite 2302 New York, New York 10018 Phone: (212) 231-2220 Fax: (646) 349-3528 www.stonbergmoran.com November 21, 2022 Via Email BASCH & KEEGAN, LLP Attorneys for Plaintiff Office and P.O. Address 307 Clinton Avenue P.O. Box 4235 Kingston, New York 12402 (845) 338-8884 Re: Linda Hite v. Aldi Inc. Index No.: 2021-51999 Our File No.: ALD.30904 Dear Counsel: As you know, our firm represents defendant, ALDI, INC. (NEW YORK), s/h/a ALDI, INC., in the above-referenced matter. A review of our file revealed that your office has not responded to our Notice for Discovery and Inspection, dated October 27, 2022; (copies enclosed for your immediate reference). Please advise if your office will or will not be responding to this discovery demand. At the time that this discovery demand was served, a number of discovery demands remained outstanding and unresolved with your office. Your office filed the Note of Issue without resolving all outstanding discovery. As you are aware, CPLR 3101(a) requires fulldisclosure of all evidence material and necessary in the prosecution or defense of an action. Del Vecchio v. Danielle Associates, LLC, 94 A.D.3d 941 (2nd Dept. 2012). The words “material and necessary” as used in CPLR 3101 must be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. Cioffi v. S.M. Foods, Inc., 178 A.D.3d 1003 (2nd Dept. 2019); Zupnick v. City of New Rochelle, 173 A.D.3d 947 (2nd Dept. 2019); M.C. v. City of New York, 173 A.D.3d 728 (2nd Dept. 2019). If there is any possibility that the information is sought in good faith for possible use as evidence- in-chief or in rebuttal or for cross-examination, it should be considered evidence material in the prosecution or defense and thus should be disclosed pursuant to CPLR 3101(a). Zupnick v. City of New Rochelle, 173 A.D.3d 947 (2nd Dept. 2019). Furthermore, it is well settled that a party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records under the liberal discovery provisions of the CPLR when that party has waived the physician-patient privilege by affirmatively FILED: DUTCHESS COUNTY CLERK 12/06/2022 02:03 PM INDEX NO. 2021-51999 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 12/06/2022 putting his or her physical or mental condition in issue. Romance v. Zavala, 98 A.D. 3d 726 (2nd Dept. 2012); Cynthia B. v. New Rochelle Hosp. Medical Center, 60 N.Y.2d 452 (1983). As you are aware, plaintiff alleges the following injuries as a result of this incident: 1) left knee sprain/strain and contusion, 2) right hand injury, 3) lower back sprain/strain with disc bulges at L2-L3 and L4-L5, and L5-S1, 4) aggravation of pre-existing osteoarthritis in the medial and patella-foraminal compartment of the left knee, 5) aggravation of pre-existing degenerative changes to the lumbar spine, 6) complex regional pain syndrome (CRPS) Type 1 of the left lower extremity. As you are also aware, plaintiff admitted to the 2008 automobile accident where she injured her neck and back. Therefore, defendant is entitled to obtain plaintiff’s medical treatment records for all treatment plaintiff received to the back prior to the date of incident. Kindly consider this letter defendant’s “good faith” attempt to obtain the requested documentation without the intervention of the Court. Please provide the requested documentation to this office within the next twenty (20) business days or our office will have no alternative but to seek relief from the Court. Thank you for your courtesies. Very truly yours, STONBERG MORAN, LLP Carmen L. Borbon Carmen.Borbon@stonbergmoran.com Enclosure/