Preview
FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NAQUAWN McINTOSH, Index No.: 526100/2020
Plaintiff,
PLAINTIFF’S
against RESPONSE TO
COMBINED DEMANDS
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
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322 GATES LLC,
Third-Party Plaintiff,
-against-
EXCELLENT INTERIORS INC.,
Third-Party Defendant.
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Plaintiff NAQUAWN MCINTOSH, by his attorneys, ASHER & ASSOCIATES, P.C.,
responds to the Combined Discovery Demands of Defendant AIRITAN MANAGEMENT
CORP., as follows:
RESPONSE TO NOTICE TO PRODUCE
1. (a-d) At this time, witnesses to the accident are not known to the Plaintiff. If any
witnesses shall come forth, same will be provided under separate cover.
2. Attached, please find seven (7) photographs of the scene of the alleged accident
attached to this response.
NOTICE FOR DISCOVERY OF STATEMENT OF PARTY PURSUANT TO CPLR
SECTION 3101(e)
Plaintiff is not in possession of any statements, party statements, records,
memoranda, notes, tape recordings, or other recorded audio or video communications of
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defendant. Plaintiff is not in possession of any party statements other than those contained within
medical records.
RESPONSE TO DEMAND FOR EMPLOYMENT RECORD AUTHORIZATIONS
Annexed hereto are duly executed HIPAA Compliant Authorizations permitting
Defendant to obtain a copy of plaintiff’s employment records from:
FOSTER EQUITES
633 Marlborough Road
Brooklyn, New York 11226
RESPONSE TO DEMAND FOR MEDICAL RECORDS AND HOSPITAL
AUTHORIZATIONS
1. See attached medical records and duly executed and fully compliant HIPAA
Authorizations allowing Defendant to obtain Plaintiff’s medical, radiology and billing records
from the following facilities:
INTERFAITH MEDICAL CENTER
1545 Atlantic Avenue
Brooklyn, New York 11213
RESPONSE TO DEMAND FOR COLLATERAL SOURCE INFORMATION
Plaintiff received medical benefits from the medical insurance provider
mentioned below. A duly executed HIPAA Compliant Authorization permitting Defendant to
obtain a copy of Plaintiff’s collateral source records from worker compensation is:
Workers Compensation Board, Bureau of Compliance - No Insurance Unit
100 Broadway – Menands
Albany, New York 12241
RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION OF X-RAYS
1. See attached medical records and duly executed and fully compliant HIPAA
Authorizations allowing Defendant to obtain Plaintiff’s medical, radiology and billing records
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from the following facilities:
INTERFAITH MEDICAL CENTER
1545 Atlantic Avenue
Brooklyn, New York 11213
RESPONSE TO DEMAND FOR PHOTOGRAPHS/ VIDEOTAPES
1. Attached, please find seven (7) photographs of the scene of the alleged accident
attached to this response.
2. At this time, plaintiff is not in possession of any videotapes and photographs
which demonstrate the instrumentalities involved.
3. At this time, plaintiff is not in possession of any videotapes and photographs
which demonstrate the plaintiff’s injuries.
RESPONSE TO DEMAND FOR IDENTIFICATION OF WITNESSES
1-2. At this time, witness to the accident is not known to the Plaintiff. If any witness
shall come forth, same will be provided under separate cover.
RESPONSE TO DEMAND FOR EXPERT’S NAME AND SUBSTANCE OF EXPERT’S
TESTIMONY
1-5. Plaintiff has not retained any expert to testify at the trial of this action at the present
time. Should Plaintiff retain any experts at a later time, Plaintiff reserves the right to serve an
additional Discovery Response pursuant to CPLR §3101(d).
RESPONSE TO DEMAND PURSUANT TO SECTION 2103 OF THE CPLR
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, Fourteenth Floor
New York, New York 10038
(212) 227-5000
WOOD SMITH HENNING & BERMAN LLP
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Attorneys for Defendant
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, NY 10017
(212) 999-7105
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant/Third-Party Plaintiff
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
RESPONSE TO DEMAND FOR WORKERS’ COMPENSATION RECORDS
Annexed hereto are duly executed HIPAA Compliant Authorization permitting
Defendant to obtain a copy of Plaintiff’s worker compensation records from:
Workers Compensation Board, Bureau of Compliance - No Insurance Unit
100 Broadway – Menands
Albany, New York 12241
RESPONSE TO DEMAND FOR PHARMACY RECORDS
See attached pharmacy records and duly executed and fully compliant HIPAA
Authorizations allowing Defendant to obtain Plaintiff’s pharmacy records from the following
facilities:.
GENA CARE PHARMACY
173 Chauncey Street
Brooklyn, New York 11233
RESPONSE TO DEMAND PURSUANT TO MEDICARE, MEDICAID AND SCHIP
EXTENSION ACT OF 2007
(a-b) Plaintiff objects to the demand for a date of birth and social security number as
privileged, as an interrogatory, as not designed to amplify the pleadings. In addition, due to filing
and identity theft we cannot disclose this information. (See, for instance, In re: The August 2,
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2004 Amendment to the E-government Act of 2002, Administrative Order 2004-09, Chief Judge
Edward R. Korman, dated October 2004, United States District Court, Eastern District of New
York), which prohibits the disclosure of dates of birth in documents likely to be filed either
electronically or in paper form. Without waving said objection, Plaintiff’s date of birth and last 4
digits of the social security number can be obtained in Plaintiff’s HIPAA and at Plaintiff’s
deposition.
(c)-(d) Medicare: Not applicable.
(e) HICN: To be provided under separate cover sheet, if applicable.
(f)-(i) Medicare: Not applicable.
(j) Not applicable, Plaintiff is not an infant.
Medicaid benefits: Annexed hereto are duly executed HIPAA Compliant
Authorizations permitting Defendant to obtain a copy of plaintiff’s Medicaid records from:
AFFINITY
1776 Eastchester Road
Bronx, New York 10461
RESPONSE TO DEMAND FOR UNION RECORDS
To be provided under separate cover sheet.
RESPONSE TO DEMAND FOR PRIOR/SUBSEQUENT ACCIDENT/INJURY
TREATMENT INFORMATION
1-5. Prior injuries: Not applicable as this is an improper demand. Said demand amount to
an invasive, unfettered and otherwise improper ‘fishing expedition’ into unrelated and therefore
privileged medical treatment. [See Romance v. Zavala, 950 N.Y.S.2d 390, App. Div., Second
Dept.
Subsequent Injuries: To be provided under separate cover sheet, if applicable.
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RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION
1. Copies of all litigation documents are also publicly available to Defendants via
New York State Court Electronic Filing System (NYSCEF) under the Index No. 526100/2020.
RESPONSE TO DEMAND FOR SOCIAL MEDIA INFORMATION
1-3. Plaintiff objects to the demand for social media on the grounds that it is overbroad,
irrelevant, privileged, a fishing expedition, lacks a factual predicate or a good faith basis for the
request, unduly burdensome, an invasion of privacy, palpably improper, and not reasonably
calculated to lead to the discovery of admissible evidence. Forman v. Henkin, 30 N.Y.3d 656
(2018) (“That being said, we agree with other courts that have rejected the notion that
commencement of a personal injury action renders a party's entire Facebook account
automatically discoverable. Directing disclosure of a party's entire Facebook account is
comparable to ordering discovery of every photograph or communication that party shared with
any person on any topic prior to or since the incident giving rise to litigation—such an order
would be likely to yield far more non-relevant than relevant information. Even under our broad
disclosure paradigm, litigants are protected from unnecessarily onerous application of the
discovery statutes”).
Plaintiff objects to said demand for access to any and all URLs and social networks,
including Facebook, Instagram, LinkedIn, Twitter, Flickr, Friendster, Pinterest, Foursquare,
Bebo, About.me, Buzznet, Classmates.com, Google Buzz, Google Plus, Orkut, Ning,
LiveJournal, Snapchat, YouTube, Open Diary, Evite, BlogSpot, Zoosk, Myspace, and any other
site relating to the social networking, recreational activities, or employment and/or potential
employment of Plaintiff upon the grounds that said demand is a fishing expedition made without
good faith basis, and is overly broad, burdensome and oppressive Said information is private,
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privileged and/or otherwise protected on various grounds, including the fourth amendment and
limited to attorney-client privilege, spousal immunity, etc. Further,
Plaintiff further objects to defendant’s demand for access to personal e-mails, letters,
notes, memoranda, photos, and diary entries upon the grounds that said demand is a fishing
expedition made without good faith basis, is overly broad, burdensome and oppressive, and said
information is private, privileged and/or otherwise protected on various grounds, including but
not necessarily limited to attorney-client privilege, spousal immunity, etc.
Plaintiff further object to defendant’s demand for access to personal, private writings
and/or messages stored on the plaintiff’s personal or work computer hard drives, laptop
computers, telephone messages, and/or personal assistants, upon the grounds that said demand is
a fishing expedition made without good faith basis, is overly broad, burdensome and oppressive,
and said information is private, privileged and/or otherwise protected on various grounds,
including but not necessarily limited to attorney-client privilege, spousal immunity, etc.
Plaintiff objects to defendant’s demand for access to personal text messages sent from
and received by the plaintiff, upon the grounds that said demand is a fishing expedition made
without good faith basis, is overly broad, burdensome and oppressive, and said information is
private, privileged and/or otherwise protected on various grounds, including but not necessarily
limited to attorney-client privilege, spousal immunity, etc.
Plaintiff objects to defendant’s demands for access to personal, private voice messages
stored on their cellular telephones, home telephones, work telephones, personal digital assistants,
or other such devices, upon the grounds that said demand is a fishing expedition made without
good faith basis, is overly broad, burdensome and oppressive, and said information is private,
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privileged and/or otherwise protected on various grounds, including but not necessarily limited
to attorney-client privilege, spousal immunity, etc.
RESPONSE TO DEMAND FOR SPECIFIC AD DAMNUM
Plaintiff demands $20,000,000.00, in total damages.
RESPONSE TO DEMAND FOR PLAINTIFF'S PRIMARY CARE PHYSICIAN
RECORDS
1. Not applicable.
RESPONSE TO DEMAND FOR PLAINTIFFS' PASSPORT RECORDS
1. Objection. Not applicable.
RESPONSE TO NOTICE TO PRODUCE AUTHORIZATIONS
1-2. Not applicable. Plaintiff did not have any video/conference/telemedicine
appointments/contacts or treatment during COVID-19.
RESPONSE TO DEMAND FOR PHOTOGRAPH METADATA
1-2. To be provided under separate cover sheet, if available and applicable.
Dated: New York, New York
May 4, 2022
Yours, etc.
_ Roberta D. Asher_
By: ROBERTA D. ASHER, ESQ.
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, Fourteenth Floor
New York, New York 10038
(212) 227-5000
TO:
WOOD SMITH HENNING & BERMAN LLP
Attorneys for Defendant
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
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New York, NY 10017
(212) 999-7105
Our File No.: 11107-0064
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
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Index No. 526100/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NAQUAWN McINTOSH,
Plaintiff,
-against-
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
322 GATES LLC,
Third-Party Plaintiff,
-against
EXCELLENT INTERIORS INC.,
Third-Party Defendant.
PLAINTIFF’S RESPONSE TO COMBINED DEMANDS
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff(s)
111 John Street, 14th Floor
New York, New York 10038
(212) 227-5000
ATTORNEY’S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the
presentation of these papers or contentions therein is made in good faith and is not frivolous.
Dated: New York New York
May 4, 2022 _ Roberta D. Asher_
ROBERTA D. ASHER, ESQ.
TO:
WOOD SMITH HENNING & BERMAN LLP
Attorneys for Defendant
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, NY 10017
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Preview
FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X NAQUAWN McINTOSH, Index No.: 526100/2020 Plaintiff, PLAINTIFF’S against RESPONSE TO COMBINED DEMANDS 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. ----------------------------------------------------------------------------X 322 GATES LLC, Third-Party Plaintiff, -against- EXCELLENT INTERIORS INC., Third-Party Defendant. ----------------------------------------------------------------------------X Plaintiff NAQUAWN MCINTOSH, by his attorneys, ASHER & ASSOCIATES, P.C., responds to the Combined Discovery Demands of Defendant AIRITAN MANAGEMENT CORP., as follows: RESPONSE TO NOTICE TO PRODUCE 1. (a-d) At this time, witnesses to the accident are not known to the Plaintiff. If any witnesses shall come forth, same will be provided under separate cover. 2. Attached, please find seven (7) photographs of the scene of the alleged accident attached to this response. NOTICE FOR DISCOVERY OF STATEMENT OF PARTY PURSUANT TO CPLR SECTION 3101(e) Plaintiff is not in possession of any statements, party statements, records, memoranda, notes, tape recordings, or other recorded audio or video communications of 1 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 defendant. Plaintiff is not in possession of any party statements other than those contained within medical records. RESPONSE TO DEMAND FOR EMPLOYMENT RECORD AUTHORIZATIONS Annexed hereto are duly executed HIPAA Compliant Authorizations permitting Defendant to obtain a copy of plaintiff’s employment records from: FOSTER EQUITES 633 Marlborough Road Brooklyn, New York 11226 RESPONSE TO DEMAND FOR MEDICAL RECORDS AND HOSPITAL AUTHORIZATIONS 1. See attached medical records and duly executed and fully compliant HIPAA Authorizations allowing Defendant to obtain Plaintiff’s medical, radiology and billing records from the following facilities: INTERFAITH MEDICAL CENTER 1545 Atlantic Avenue Brooklyn, New York 11213 RESPONSE TO DEMAND FOR COLLATERAL SOURCE INFORMATION Plaintiff received medical benefits from the medical insurance provider mentioned below. A duly executed HIPAA Compliant Authorization permitting Defendant to obtain a copy of Plaintiff’s collateral source records from worker compensation is: Workers Compensation Board, Bureau of Compliance - No Insurance Unit 100 Broadway – Menands Albany, New York 12241 RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION OF X-RAYS 1. See attached medical records and duly executed and fully compliant HIPAA Authorizations allowing Defendant to obtain Plaintiff’s medical, radiology and billing records 2 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 from the following facilities: INTERFAITH MEDICAL CENTER 1545 Atlantic Avenue Brooklyn, New York 11213 RESPONSE TO DEMAND FOR PHOTOGRAPHS/ VIDEOTAPES 1. Attached, please find seven (7) photographs of the scene of the alleged accident attached to this response. 2. At this time, plaintiff is not in possession of any videotapes and photographs which demonstrate the instrumentalities involved. 3. At this time, plaintiff is not in possession of any videotapes and photographs which demonstrate the plaintiff’s injuries. RESPONSE TO DEMAND FOR IDENTIFICATION OF WITNESSES 1-2. At this time, witness to the accident is not known to the Plaintiff. If any witness shall come forth, same will be provided under separate cover. RESPONSE TO DEMAND FOR EXPERT’S NAME AND SUBSTANCE OF EXPERT’S TESTIMONY 1-5. Plaintiff has not retained any expert to testify at the trial of this action at the present time. Should Plaintiff retain any experts at a later time, Plaintiff reserves the right to serve an additional Discovery Response pursuant to CPLR §3101(d). RESPONSE TO DEMAND PURSUANT TO SECTION 2103 OF THE CPLR ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, Fourteenth Floor New York, New York 10038 (212) 227-5000 WOOD SMITH HENNING & BERMAN LLP 3 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 Attorneys for Defendant AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, NY 10017 (212) 999-7105 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant/Third-Party Plaintiff 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 RESPONSE TO DEMAND FOR WORKERS’ COMPENSATION RECORDS Annexed hereto are duly executed HIPAA Compliant Authorization permitting Defendant to obtain a copy of Plaintiff’s worker compensation records from: Workers Compensation Board, Bureau of Compliance - No Insurance Unit 100 Broadway – Menands Albany, New York 12241 RESPONSE TO DEMAND FOR PHARMACY RECORDS See attached pharmacy records and duly executed and fully compliant HIPAA Authorizations allowing Defendant to obtain Plaintiff’s pharmacy records from the following facilities:. GENA CARE PHARMACY 173 Chauncey Street Brooklyn, New York 11233 RESPONSE TO DEMAND PURSUANT TO MEDICARE, MEDICAID AND SCHIP EXTENSION ACT OF 2007 (a-b) Plaintiff objects to the demand for a date of birth and social security number as privileged, as an interrogatory, as not designed to amplify the pleadings. In addition, due to filing and identity theft we cannot disclose this information. (See, for instance, In re: The August 2, 4 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 2004 Amendment to the E-government Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New York), which prohibits the disclosure of dates of birth in documents likely to be filed either electronically or in paper form. Without waving said objection, Plaintiff’s date of birth and last 4 digits of the social security number can be obtained in Plaintiff’s HIPAA and at Plaintiff’s deposition. (c)-(d) Medicare: Not applicable. (e) HICN: To be provided under separate cover sheet, if applicable. (f)-(i) Medicare: Not applicable. (j) Not applicable, Plaintiff is not an infant. Medicaid benefits: Annexed hereto are duly executed HIPAA Compliant Authorizations permitting Defendant to obtain a copy of plaintiff’s Medicaid records from: AFFINITY 1776 Eastchester Road Bronx, New York 10461 RESPONSE TO DEMAND FOR UNION RECORDS To be provided under separate cover sheet. RESPONSE TO DEMAND FOR PRIOR/SUBSEQUENT ACCIDENT/INJURY TREATMENT INFORMATION 1-5. Prior injuries: Not applicable as this is an improper demand. Said demand amount to an invasive, unfettered and otherwise improper ‘fishing expedition’ into unrelated and therefore privileged medical treatment. [See Romance v. Zavala, 950 N.Y.S.2d 390, App. Div., Second Dept. Subsequent Injuries: To be provided under separate cover sheet, if applicable. 5 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION 1. Copies of all litigation documents are also publicly available to Defendants via New York State Court Electronic Filing System (NYSCEF) under the Index No. 526100/2020. RESPONSE TO DEMAND FOR SOCIAL MEDIA INFORMATION 1-3. Plaintiff objects to the demand for social media on the grounds that it is overbroad, irrelevant, privileged, a fishing expedition, lacks a factual predicate or a good faith basis for the request, unduly burdensome, an invasion of privacy, palpably improper, and not reasonably calculated to lead to the discovery of admissible evidence. Forman v. Henkin, 30 N.Y.3d 656 (2018) (“That being said, we agree with other courts that have rejected the notion that commencement of a personal injury action renders a party's entire Facebook account automatically discoverable. Directing disclosure of a party's entire Facebook account is comparable to ordering discovery of every photograph or communication that party shared with any person on any topic prior to or since the incident giving rise to litigation—such an order would be likely to yield far more non-relevant than relevant information. Even under our broad disclosure paradigm, litigants are protected from unnecessarily onerous application of the discovery statutes”). Plaintiff objects to said demand for access to any and all URLs and social networks, including Facebook, Instagram, LinkedIn, Twitter, Flickr, Friendster, Pinterest, Foursquare, Bebo, About.me, Buzznet, Classmates.com, Google Buzz, Google Plus, Orkut, Ning, LiveJournal, Snapchat, YouTube, Open Diary, Evite, BlogSpot, Zoosk, Myspace, and any other site relating to the social networking, recreational activities, or employment and/or potential employment of Plaintiff upon the grounds that said demand is a fishing expedition made without good faith basis, and is overly broad, burdensome and oppressive Said information is private, 6 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 privileged and/or otherwise protected on various grounds, including the fourth amendment and limited to attorney-client privilege, spousal immunity, etc. Further, Plaintiff further objects to defendant’s demand for access to personal e-mails, letters, notes, memoranda, photos, and diary entries upon the grounds that said demand is a fishing expedition made without good faith basis, is overly broad, burdensome and oppressive, and said information is private, privileged and/or otherwise protected on various grounds, including but not necessarily limited to attorney-client privilege, spousal immunity, etc. Plaintiff further object to defendant’s demand for access to personal, private writings and/or messages stored on the plaintiff’s personal or work computer hard drives, laptop computers, telephone messages, and/or personal assistants, upon the grounds that said demand is a fishing expedition made without good faith basis, is overly broad, burdensome and oppressive, and said information is private, privileged and/or otherwise protected on various grounds, including but not necessarily limited to attorney-client privilege, spousal immunity, etc. Plaintiff objects to defendant’s demand for access to personal text messages sent from and received by the plaintiff, upon the grounds that said demand is a fishing expedition made without good faith basis, is overly broad, burdensome and oppressive, and said information is private, privileged and/or otherwise protected on various grounds, including but not necessarily limited to attorney-client privilege, spousal immunity, etc. Plaintiff objects to defendant’s demands for access to personal, private voice messages stored on their cellular telephones, home telephones, work telephones, personal digital assistants, or other such devices, upon the grounds that said demand is a fishing expedition made without good faith basis, is overly broad, burdensome and oppressive, and said information is private, 7 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 privileged and/or otherwise protected on various grounds, including but not necessarily limited to attorney-client privilege, spousal immunity, etc. RESPONSE TO DEMAND FOR SPECIFIC AD DAMNUM Plaintiff demands $20,000,000.00, in total damages. RESPONSE TO DEMAND FOR PLAINTIFF'S PRIMARY CARE PHYSICIAN RECORDS 1. Not applicable. RESPONSE TO DEMAND FOR PLAINTIFFS' PASSPORT RECORDS 1. Objection. Not applicable. RESPONSE TO NOTICE TO PRODUCE AUTHORIZATIONS 1-2. Not applicable. Plaintiff did not have any video/conference/telemedicine appointments/contacts or treatment during COVID-19. RESPONSE TO DEMAND FOR PHOTOGRAPH METADATA 1-2. To be provided under separate cover sheet, if available and applicable. Dated: New York, New York May 4, 2022 Yours, etc. _ Roberta D. Asher_ By: ROBERTA D. ASHER, ESQ. ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, Fourteenth Floor New York, New York 10038 (212) 227-5000 TO: WOOD SMITH HENNING & BERMAN LLP Attorneys for Defendant AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor 8 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 New York, NY 10017 (212) 999-7105 Our File No.: 11107-0064 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 9 of 10 FILED: KINGS COUNTY CLERK 05/04/2022 04:50 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/04/2022 Index No. 526100/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NAQUAWN McINTOSH, Plaintiff, -against- 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. 322 GATES LLC, Third-Party Plaintiff, -against EXCELLENT INTERIORS INC., Third-Party Defendant. PLAINTIFF’S RESPONSE TO COMBINED DEMANDS ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff(s) 111 John Street, 14th Floor New York, New York 10038 (212) 227-5000 ATTORNEY’S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the presentation of these papers or contentions therein is made in good faith and is not frivolous. Dated: New York New York May 4, 2022 _ Roberta D. Asher_ ROBERTA D. ASHER, ESQ. TO: WOOD SMITH HENNING & BERMAN LLP Attorneys for Defendant AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, NY 10017 10 of 10