Preview
FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF QUEENS
x
MANO CHIROPRACTIC, P.C. A/A/O JUSTIN CERTIFICATION PURSUANTTO
NIEVES , 22 N.Y.C.R.R. §13Q-11-a
Plaintiff(s),
-against- Index No.: CV-700687-22/QU
STATE FARM MUTUAL AUTOMOBILE INS. CO.,
Defendant(s).
X
The accompanying papers are served/filed/submitted pursuant to 22 N.Y.C.R.R §
130-1.1-a:
_X_. Verified Answers to Written Interrogatories
_X Response to Demand for Discovery and Inspection
Dated: Westbury, New York
June 29, 2022
Yours, etc.
ROSSILLO & LICATA, LLP
By: Naim M. Peress, Esq.
Attorney for Defendant
Office Address and P.O. Box
355 Post Avenue, Suite 204
Westbury, New York 11590
(516) 746-7780
RL File No.: SF-17203
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CML COURT OF THE CITY OF NEW YORK
COUNTY OF QUEENS
X
MANO CHIROPRACTIC, P.C. / /O JUSTIN VERIFIED RESPONSE TO DEMAND
NIEVES, FOR VERIFIED WRITTEN
INTERROGATORIES
Plaintiff(s),
- against - Index No.: U
CV-700687-22/Q
STATE FARM MUTUAL AUTOMOBILE INS. CO.,
Defendant(s).
X
PLEASE TAKE NOTICE that the deponent is an employee of Defendant, STATE FARM
MUTUALAUTOMOBILE INS. CO., and has read the following Response to Plaintiff's Demand for
Verified Written Interrogatories and knows the contents hereof and that same is true to the
deponents own knowledge. exceptas to the matters herein stated to be alleged on information
and belief, and as to those matters. deponent believes itto be true, as follows:
INTERROGATORY 1:
a. Set forth the full name, title. and relationship to the defendant of the person
answering these interrogatories.
ANSWER: MÔ¾bt , Claim Representative. STATE FARM MUTUAL AUTOMOBiLE
INS. CO..
b. Set forth whether the person answering these interrogatories isthe defendants
claim representative assigned to the bill(s)that are the subject of this lawsuit.
ANSWER: Yes.
c. Ifthe answer to subdivision (b) of this interrogatory is in the negative, set forth
the name of the defendants claim representative assigned to the bill(s) which
are the subject of this lawsuit.
ANSWER: Not applicable.
d. Set forth whether the defendants claim representative assigned to the bill(s)
which are the subject of this lawsuit is currently employed by the defendant.
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ANSWER: See response to number 1a.
e. Provide any notes, logs, or memoranda prepared or kept byth defendants claim
representative assigned to the bill(s)which are the subject of this lawsuit.
ANSWER: Objection to the form and scope of the question. This demand is vague. over
broad and unduly burdensome.
INTERROGATORY 2:
a. Set forth whether at the time of the motor vehicle accident which is the subject
of this lawsuit, there existed a valid New York Automobile Liability policy issued
by the defendant providing No-Fault benefits for the assignor(s) herein.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any objections, a policy was
issued by the defendant.
b. Set forth the policy number and the dates the policy was in effect.
ANSWER: The policy was in effect on the date of loss. Policy number 2397-971-32B.
INTERROGATORY 3:
a. Setforth whether the defendant received Application for Benefits of form (N-F-2)
from the assignor herein.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
b. Set forth whether the date Application of Benefits form (N-F-2) was received by
the defendant.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
c. Set forth a true and accurate copy of the same.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
d. Set forth whether the defendant alleges that the assignor(s) herein failed to
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provide written notice to the defendant with the time requirements set forth in
11 NYCRR 65.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
e. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, set forth
the dates the defendant mailed the Application for Benefits form (N-F-2) to the
assignor(s) herein.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
f. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, setforth
the address to which the defendant mailed the Application for Benefits form (N-F-
2).
ANSWER: Objection to the form and scope of the question. This de mand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
g. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, set forth
copies of the forms that were mailed to the assignor(s) herein.
ANSWER: Objection to the form and scope of the question. This de mand is vague, over
broad, unduly burdensome and irrelevant as notice is not at issue.
INTERROGATORY 4:
a. Set forth whether the defendant received a copy of the MV-104 for the motor
vehicle accident, which is the subject of this lawsuit.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
the date the MV-104 was received.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
c. Ifthe answer to subdivision (a)of this interrogatory is inthe affirmative, set forth
a true and accurate copy of the MV-104.
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ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
INTERROGATORY 5:
a. Set forth whether the defendant received a copy of the Police Report for the
motor vehicle accident which is the subject of this lawsuit.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
b. ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
the date the Police Report was received.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
a true and accurate copy of the Police Report.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
INTERROGATORY 6:
a. Setforth whether the defendant received the bill(s)which are the subject of this
lawsuit.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome. Additionally, this is an improper interrogatory
request at itseeks a response to a fundamental and material issue or ultimate
factthat is not within the knowledge of Defendant. To this effect. Plaintiff seeks
to have Defendant attest to the business record nature and/or title of Plaintiff's
documents which is palpably improper. Moreover. the document sought to be
admitted is neither complete, referenced specifically by date, number of pages
contained in same nor byspecifictype and is,therefore not readily ascertainable.
See Dan Medical. PC aa\a\o New York Central Mutual Fire Insurance Company.
2nd 11t"
14 Misc.3d 44. 829 N.Y.S.2d 404 (App. Term and Jud. Dists. 2006).
Without waiving any rights to the above objection, please see the denial of claim
forms annexed hereto.
b. Set forth the date that the bill(s)were received by the defendant.
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ANSWER: Objection as to the form and scope of the question. This demand is vague. over
broad, and unduly burdensome. Additionally, this is an improper interrogatory
request at itseeks a response to a fundamental and material issue or ultimate
fact that is not within the knowledge of Defendant. To this effect, Plaintiff seeks
to have Defendant attest to the business record nature and/or titleof Plaintiff's
documents which is palpably improper. Moreover, the document sought to be
admitted is neither complete, referenced specifically by date, number of pages
contained in same nor byspecifictype and is,therefore notreadilyascertainable.
SeeDan Medical. PC as\a\o NewYork Central Mutual Fire Insurance ComDanY.
2nd 11th
14 Misc,3d 44, 829 N.Y.S.2d 404 (App. Term and Jud, Dists, 2006).
Without waiving any rights to the above objection, please see the denial of claim
forms annexed hereto.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, setforth
a true and accurate copy of said bills.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome. Additionally, this is an improper interrogatory
request at itseeks a response to a fundamental and material issue or ultimate
factthat is not within the knowledge of Defendant. To this effect, Plaintiff seeks
to have Defendant attest to the business record nature and/or title of Plaintiff's
documents which is palpably improper. Moreover, the document sought to be
admitted is neither complete, referenced specifically by date. n umber of pages
contained in same nor byspecifictype and is,therefore not readilyascertainable.
See Dan Medical. PC as\a\o NewYork Central Mutual Fire Insurance Company.
2nd 11th
14 Misc.Sd 44, 829 N.Y.S.2d 404 (App. Term and Jud. Dists. 2006).
INTERROGATORY 7:
a. Set forth whether the defendant made any request for additional verification
concerning the bill(s) that are the subject of this lawsuit.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, additional verification was not requested.
b. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative, set forth
the date such request was mailed.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
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the the requested verification as necessaryto process the claim.
reason(s) why
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
d. lfthe answer to subdivision of this is inthe affirmative, setforth
(a) interrogatory
a true and accurate copy of such request.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
e. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
whether the defendant received any response to its request for additional
verification.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
f. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
the date the response was received by the defendant.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
g. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, setforth
a true and accurate copy of the response received by the defendant.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
h. If the defendant has issued a Denial of Claim form (N-F-10) to the plaintiff for the
bill(s)that are the subject of this lawsuit, set forth whether the defendant had
received all relevant verification requested prior to the issuance of the NF-10.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
INTERROGATORY 8:
a. Set forth whether the defendant made any payment for the bill(s)that are the
subject of this lawsuit.
ANSWER: Objection to the form and scope of the question. This demand is vague. over
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broad and unduly burdensome. Without waiving any rights to the above
objection, payment was not issued.
b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
the amount of payment and the date such payment was mailed.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
INTERROGATORY 9:
a. Set forth whether the defendant forwarded a Denial of Claim form (N-F-10) to the
plaintiff for the bill(s)that are the subject of this lawsuit.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, please see the denial of claim forms annexed hereto.
b. If theanswer to subdivision (a) forthis interrogatory is inthe affirmative, set forth
the date the N-F-10 was generated.
ANSWER: Objection to the form and scope of the question. This de mand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, please see the denial of claim forms annexed hereto.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative. set forth
the date the N-F-10 was mailed.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, please see the denial of claim forms annexed hereto.
d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
a true and accurate copy of the N-F-10.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, please see the denial of claim forms annexed hereto.
INTERROGATORY10:
a. Set forth the reasons the defendant denied the plaintiff's claim.
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ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and burdensome. Without rights to the above
unduly waiving any
objection. please see the denial of claim forms and documents annexed hereto
for the basis of denying the claim.
INTERROGATORY11:
"peer"
a. Ifthe defendant denied the plaintiff's claim based on the result of a or
"consultants"
review, set forth:
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
1, A true and accurate copy of the review report.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
2. True and accurate copy of all documents considered by the
reviewer.
ANSWER: Objection to the form and scope of the question. This demand is vague. over
broad and unduly burdensome.
3. True and accurate copies of all documents in the defendants
possession that WERE NOT considered by the reviewer.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
4. The name and specialty of the individual who conducted the
review.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
5. A copy of the individuars medical license and registration.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
6. Whether the individual is an independent contractor or employee
of the defendant.
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Objection to the form and scope of the question. This demand is vague, over
ANSWER:
broad and unduly burdensome.
7. If the individual is an independent contractor, the amount the
individual was paid for conducting the review.
ANSWER: Objection to the form and scope of the question. This demand is vague. over
broad and unduly burdensome.
INTERROGATORY 12:
a. Ifthe defendant denied the plaintiff's claim in whole or in part based upon the
allegation that the "fees are not in accordance with the New York State Workers
Compensation Fee Schedule, "set forth a detailed explanation of how the
defendant arrived at the amount payable, including a breakdown for each
reduction, listing the procedure code, and regional conversation factor.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome. Without waiving any rights to the above
objection, please see the annexed denial of claim forms for the basis of denying
the claim.
INTERROGATORY13:
a. Ifthe defendant issued payment to the plaintiff for less than the amount billed
based on the reasoning that reimbursement was made in accordance with the
charges"
"reasonable and customary for the serve provided, set forth:
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
1. How the defendant arrived at the "reasonable and customary
charge"
for the service provided
ANSWER: Objection to the form and scope of the question. This
demand is vague, over broad and unduly burdensome.
2. True and accurate copies of all documents relied upon by the
defendant to support its allegation of the "reasonable and
charge"
customary for the serve provided.
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ANSWER: Objection to the form and scope of the question. This
demand is vague. over broad and unduly burdensome.
WTERROGATORY 14:
a. Setforth whether the defendant received a valid assignment of benefits from the
plaintiff for services provided to the assignor(s) herein.
ANSWER: Improper demand. The Defendant respectfully refers allquestions of law to the
Court.
b. Ifthe answer to subdivision (a)of this interrogatory is inthe affirmative, set forth
a true and accurate copy of the assignment of benefits.
ANSWER: Improper demand. The Defendant respectfully refers all questions of law to the
Court.
INTERROGATORY 15:
a. Set forth whether the defendant requested that the assignor(s) herein submit to
an Independent Medical Examination.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
b. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative. set forth
true and accurate copies of such requests.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
whether the examination took place and the date the examination took place.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad. and unduly burdensome.
d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, provide
a true and accurate copy of this report from said examination.
ANSWER; Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
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INTERROGATORY 16:
a. Set forth whether the defendant requested that the assignor(s) herein submit to
an Examination Under Oath.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad, and unduly burdensome.
b. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, set forth
true and accurate copies of such requests.
ANSWER: Objection as to the form and scope of the question. This demand is vague, over
broad. and unduly burdensorne.
c. Ifthe answer to subdivision (a) of this interrogatory is in the affirmative, provide
a true and accurate copy of the report and/or transcript from said examination.
INTERROGATORY 17:
a. Set forth whether the defendant requested that the assignor(s) herein provide
a written statement of facts.
ANSWER: objection to the form and scope of the question. This demand is vague. over
broad and unduly burdensome.
b. Ifthe answer to subdivision (a) of this interrogatory is in the affirmative, set forth
true and accurate copies of such requests.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
c. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative, set forth
when and where the statements were taken.
ANSWER: Objection to the form and scope of the question. This demand is vague. over
broad and unduly burdensome.
d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
a true and accurate copy of the written statement.
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INTERROGATORY 18:
a. Set forth whether the plaintiff's claim was subject to an investigation, or was
assigned to a Special Investigation Unit.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
the results of said investigation.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth
true and accurate copies of all notes and memoranda concerning said
investigation.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
INTERROGATORY 19:
a. Set forth whetherthe defendant received any claims for No-Fault benefits, other
than from the plaintiff herein, for services provided to the assignor(s) herein.
ANSWER: Objection to the form and scope of the question. This demand is vague, over
broad and unduly burdensome.
b. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, setforth,
for each claim separately:
1. The name of the provider of services.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
2. The date the claim was received.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
3. The amount of the claim
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ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
4. The services provided.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
5. Whether the claim was paid or denied.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
6. Ifthe claim was paid, the amount of the payment.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
7. Ifthe claim was denied, the reason for the denial.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
8. Atrue accurate copy of the claim.
ANSWER: Objection to the form and scope of the question. This demand is
vague, over broad and unduly burdensome.
INTERROGATORY 20:
a. Set forth whether the plaintiff's claim was subject to a third party PPO plan.
ANSWER: Objection as to the form and scope of the question. This demand
is vague, over broad, and unduly burdensome.
b. Set forth the entity name of the PPO plan company.
ANSWER: Objection as to the form and scope of the question. This demand
is vague, over broad, and unduly burdensome.
c. Set forth ifany payments were made under the PPO plan.
ANSWER: Objection as to the form a
Preview
FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS x MANO CHIROPRACTIC, P.C. A/A/O JUSTIN CERTIFICATION PURSUANTTO NIEVES , 22 N.Y.C.R.R. §13Q-11-a Plaintiff(s), -against- Index No.: CV-700687-22/QU STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant(s). X The accompanying papers are served/filed/submitted pursuant to 22 N.Y.C.R.R § 130-1.1-a: _X_. Verified Answers to Written Interrogatories _X Response to Demand for Discovery and Inspection Dated: Westbury, New York June 29, 2022 Yours, etc. ROSSILLO & LICATA, LLP By: Naim M. Peress, Esq. Attorney for Defendant Office Address and P.O. Box 355 Post Avenue, Suite 204 Westbury, New York 11590 (516) 746-7780 RL File No.: SF-17203 FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 CML COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS X MANO CHIROPRACTIC, P.C. / /O JUSTIN VERIFIED RESPONSE TO DEMAND NIEVES, FOR VERIFIED WRITTEN INTERROGATORIES Plaintiff(s), - against - Index No.: U CV-700687-22/Q STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant(s). X PLEASE TAKE NOTICE that the deponent is an employee of Defendant, STATE FARM MUTUALAUTOMOBILE INS. CO., and has read the following Response to Plaintiff's Demand for Verified Written Interrogatories and knows the contents hereof and that same is true to the deponents own knowledge. exceptas to the matters herein stated to be alleged on information and belief, and as to those matters. deponent believes itto be true, as follows: INTERROGATORY 1: a. Set forth the full name, title. and relationship to the defendant of the person answering these interrogatories. ANSWER: MÔ¾bt , Claim Representative. STATE FARM MUTUAL AUTOMOBiLE INS. CO.. b. Set forth whether the person answering these interrogatories isthe defendants claim representative assigned to the bill(s)that are the subject of this lawsuit. ANSWER: Yes. c. Ifthe answer to subdivision (b) of this interrogatory is in the negative, set forth the name of the defendants claim representative assigned to the bill(s) which are the subject of this lawsuit. ANSWER: Not applicable. d. Set forth whether the defendants claim representative assigned to the bill(s) which are the subject of this lawsuit is currently employed by the defendant. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: See response to number 1a. e. Provide any notes, logs, or memoranda prepared or kept byth defendants claim representative assigned to the bill(s)which are the subject of this lawsuit. ANSWER: Objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. INTERROGATORY 2: a. Set forth whether at the time of the motor vehicle accident which is the subject of this lawsuit, there existed a valid New York Automobile Liability policy issued by the defendant providing No-Fault benefits for the assignor(s) herein. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any objections, a policy was issued by the defendant. b. Set forth the policy number and the dates the policy was in effect. ANSWER: The policy was in effect on the date of loss. Policy number 2397-971-32B. INTERROGATORY 3: a. Setforth whether the defendant received Application for Benefits of form (N-F-2) from the assignor herein. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. b. Set forth whether the date Application of Benefits form (N-F-2) was received by the defendant. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. c. Set forth a true and accurate copy of the same. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. d. Set forth whether the defendant alleges that the assignor(s) herein failed to FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 provide written notice to the defendant with the time requirements set forth in 11 NYCRR 65. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. e. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, set forth the dates the defendant mailed the Application for Benefits form (N-F-2) to the assignor(s) herein. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. f. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, setforth the address to which the defendant mailed the Application for Benefits form (N-F- 2). ANSWER: Objection to the form and scope of the question. This de mand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. g. Ifthe answer to subdivision (d) of this interrogatory is inthe affirmative, set forth copies of the forms that were mailed to the assignor(s) herein. ANSWER: Objection to the form and scope of the question. This de mand is vague, over broad, unduly burdensome and irrelevant as notice is not at issue. INTERROGATORY 4: a. Set forth whether the defendant received a copy of the MV-104 for the motor vehicle accident, which is the subject of this lawsuit. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth the date the MV-104 was received. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. c. Ifthe answer to subdivision (a)of this interrogatory is inthe affirmative, set forth a true and accurate copy of the MV-104. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. INTERROGATORY 5: a. Set forth whether the defendant received a copy of the Police Report for the motor vehicle accident which is the subject of this lawsuit. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. b. ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth the date the Police Report was received. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth a true and accurate copy of the Police Report. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. INTERROGATORY 6: a. Setforth whether the defendant received the bill(s)which are the subject of this lawsuit. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. Additionally, this is an improper interrogatory request at itseeks a response to a fundamental and material issue or ultimate factthat is not within the knowledge of Defendant. To this effect. Plaintiff seeks to have Defendant attest to the business record nature and/or title of Plaintiff's documents which is palpably improper. Moreover. the document sought to be admitted is neither complete, referenced specifically by date, number of pages contained in same nor byspecifictype and is,therefore not readily ascertainable. See Dan Medical. PC aa\a\o New York Central Mutual Fire Insurance Company. 2nd 11t" 14 Misc.3d 44. 829 N.Y.S.2d 404 (App. Term and Jud. Dists. 2006). Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. b. Set forth the date that the bill(s)were received by the defendant. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: Objection as to the form and scope of the question. This demand is vague. over broad, and unduly burdensome. Additionally, this is an improper interrogatory request at itseeks a response to a fundamental and material issue or ultimate fact that is not within the knowledge of Defendant. To this effect, Plaintiff seeks to have Defendant attest to the business record nature and/or titleof Plaintiff's documents which is palpably improper. Moreover, the document sought to be admitted is neither complete, referenced specifically by date, number of pages contained in same nor byspecifictype and is,therefore notreadilyascertainable. SeeDan Medical. PC as\a\o NewYork Central Mutual Fire Insurance ComDanY. 2nd 11th 14 Misc,3d 44, 829 N.Y.S.2d 404 (App. Term and Jud, Dists, 2006). Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, setforth a true and accurate copy of said bills. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. Additionally, this is an improper interrogatory request at itseeks a response to a fundamental and material issue or ultimate factthat is not within the knowledge of Defendant. To this effect, Plaintiff seeks to have Defendant attest to the business record nature and/or title of Plaintiff's documents which is palpably improper. Moreover, the document sought to be admitted is neither complete, referenced specifically by date. n umber of pages contained in same nor byspecifictype and is,therefore not readilyascertainable. See Dan Medical. PC as\a\o NewYork Central Mutual Fire Insurance Company. 2nd 11th 14 Misc.Sd 44, 829 N.Y.S.2d 404 (App. Term and Jud. Dists. 2006). INTERROGATORY 7: a. Set forth whether the defendant made any request for additional verification concerning the bill(s) that are the subject of this lawsuit. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, additional verification was not requested. b. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative, set forth the date such request was mailed. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 the the requested verification as necessaryto process the claim. reason(s) why ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. d. lfthe answer to subdivision of this is inthe affirmative, setforth (a) interrogatory a true and accurate copy of such request. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. e. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth whether the defendant received any response to its request for additional verification. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. f. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth the date the response was received by the defendant. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. g. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, setforth a true and accurate copy of the response received by the defendant. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. h. If the defendant has issued a Denial of Claim form (N-F-10) to the plaintiff for the bill(s)that are the subject of this lawsuit, set forth whether the defendant had received all relevant verification requested prior to the issuance of the NF-10. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. INTERROGATORY 8: a. Set forth whether the defendant made any payment for the bill(s)that are the subject of this lawsuit. ANSWER: Objection to the form and scope of the question. This demand is vague. over FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 broad and unduly burdensome. Without waiving any rights to the above objection, payment was not issued. b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth the amount of payment and the date such payment was mailed. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. INTERROGATORY 9: a. Set forth whether the defendant forwarded a Denial of Claim form (N-F-10) to the plaintiff for the bill(s)that are the subject of this lawsuit. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. b. If theanswer to subdivision (a) forthis interrogatory is inthe affirmative, set forth the date the N-F-10 was generated. ANSWER: Objection to the form and scope of the question. This de mand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative. set forth the date the N-F-10 was mailed. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth a true and accurate copy of the N-F-10. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, please see the denial of claim forms annexed hereto. INTERROGATORY10: a. Set forth the reasons the defendant denied the plaintiff's claim. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and burdensome. Without rights to the above unduly waiving any objection. please see the denial of claim forms and documents annexed hereto for the basis of denying the claim. INTERROGATORY11: "peer" a. Ifthe defendant denied the plaintiff's claim based on the result of a or "consultants" review, set forth: ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 1, A true and accurate copy of the review report. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 2. True and accurate copy of all documents considered by the reviewer. ANSWER: Objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. 3. True and accurate copies of all documents in the defendants possession that WERE NOT considered by the reviewer. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 4. The name and specialty of the individual who conducted the review. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 5. A copy of the individuars medical license and registration. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 6. Whether the individual is an independent contractor or employee of the defendant. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 Objection to the form and scope of the question. This demand is vague, over ANSWER: broad and unduly burdensome. 7. If the individual is an independent contractor, the amount the individual was paid for conducting the review. ANSWER: Objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. INTERROGATORY 12: a. Ifthe defendant denied the plaintiff's claim in whole or in part based upon the allegation that the "fees are not in accordance with the New York State Workers Compensation Fee Schedule, "set forth a detailed explanation of how the defendant arrived at the amount payable, including a breakdown for each reduction, listing the procedure code, and regional conversation factor. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. Without waiving any rights to the above objection, please see the annexed denial of claim forms for the basis of denying the claim. INTERROGATORY13: a. Ifthe defendant issued payment to the plaintiff for less than the amount billed based on the reasoning that reimbursement was made in accordance with the charges" "reasonable and customary for the serve provided, set forth: ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 1. How the defendant arrived at the "reasonable and customary charge" for the service provided ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 2. True and accurate copies of all documents relied upon by the defendant to support its allegation of the "reasonable and charge" customary for the serve provided. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: Objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. WTERROGATORY 14: a. Setforth whether the defendant received a valid assignment of benefits from the plaintiff for services provided to the assignor(s) herein. ANSWER: Improper demand. The Defendant respectfully refers allquestions of law to the Court. b. Ifthe answer to subdivision (a)of this interrogatory is inthe affirmative, set forth a true and accurate copy of the assignment of benefits. ANSWER: Improper demand. The Defendant respectfully refers all questions of law to the Court. INTERROGATORY 15: a. Set forth whether the defendant requested that the assignor(s) herein submit to an Independent Medical Examination. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. b. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative. set forth true and accurate copies of such requests. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth whether the examination took place and the date the examination took place. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad. and unduly burdensome. d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, provide a true and accurate copy of this report from said examination. ANSWER; Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 INTERROGATORY 16: a. Set forth whether the defendant requested that the assignor(s) herein submit to an Examination Under Oath. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. b. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, set forth true and accurate copies of such requests. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad. and unduly burdensorne. c. Ifthe answer to subdivision (a) of this interrogatory is in the affirmative, provide a true and accurate copy of the report and/or transcript from said examination. INTERROGATORY 17: a. Set forth whether the defendant requested that the assignor(s) herein provide a written statement of facts. ANSWER: objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. b. Ifthe answer to subdivision (a) of this interrogatory is in the affirmative, set forth true and accurate copies of such requests. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. c. Ifthe answerto subdivision (a) of this interrogatory is inthe affirmative, set forth when and where the statements were taken. ANSWER: Objection to the form and scope of the question. This demand is vague. over broad and unduly burdensome. d. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth a true and accurate copy of the written statement. FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 INTERROGATORY 18: a. Set forth whether the plaintiff's claim was subject to an investigation, or was assigned to a Special Investigation Unit. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. b. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth the results of said investigation. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. c. Ifthe answer to subdivision (a) of this interrogatory is inthe affirmative, set forth true and accurate copies of all notes and memoranda concerning said investigation. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. INTERROGATORY 19: a. Set forth whetherthe defendant received any claims for No-Fault benefits, other than from the plaintiff herein, for services provided to the assignor(s) herein. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. b. Ifthe answer to subdivision (a) ofthis interrogatory is inthe affirmative, setforth, for each claim separately: 1. The name of the provider of services. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 2. The date the claim was received. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 3. The amount of the claim FILED: QUEENS CIVIL COURT - CIVIL 12/27/2022 09:40 AM INDEX NO. CV-700687-22/QU NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/27/2022 ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 4. The services provided. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 5. Whether the claim was paid or denied. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 6. Ifthe claim was paid, the amount of the payment. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 7. Ifthe claim was denied, the reason for the denial. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. 8. Atrue accurate copy of the claim. ANSWER: Objection to the form and scope of the question. This demand is vague, over broad and unduly burdensome. INTERROGATORY 20: a. Set forth whether the plaintiff's claim was subject to a third party PPO plan. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. b. Set forth the entity name of the PPO plan company. ANSWER: Objection as to the form and scope of the question. This demand is vague, over broad, and unduly burdensome. c. Set forth ifany payments were made under the PPO plan. ANSWER: Objection as to the form a