Preview
FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------x Index No.: 526100/2020
NAQUAWN McINTOSH,
Plaintiff,
NOTICE TO PRODUCE
-against-
322 GATES LLC and AIRTAN MANAGEMENT
CORP.
Defendants.
-----------------------------------------------------------------------x
322 GATES LLC.
Third Party-Plaintiff,
-against-
EXCELLENT INTERIORS, INC.
Third Party-Defendant.
-----------------------------------------------------------------------x
PLEASE TAKE NOTICE, that pursuant to Rule 3101 of the CPLR, Plaintiff is hereby
required to produce at the office of the undersigned attorneys, within thirty (30) days after receipt
of this Notice, the following:
1. Duly executed and acknowledged, HIPAA-compliant authorizations (containing
full names & addresses of all doctors/hospitals) permitting our office to obtain
and make copies of any and all records from any video conference/telemedicine
appointment/contacts for any treating clinicians during the COVID-19 lockdown
or since the outbreak of COVID-19.
2. Any records, including but not limited to electronic records, in Plaintiffs,
possession, from any video conference/telemedicine appointment/contacts for any
treating clinicians during the COVID-19 lockdown or since the outbreak of
COVID-19.
PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands
and all responsive information that is made known or becomes available after service of the
above demands shall be furnished to the undersigned attorneys in a timely fashion.
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FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022
PLEASE TAKE FURTHER NOTICE, that all authorizations are to include proper
names, including, but not limited to alternate names/aliases, full addresses, and all necessary
identification numbers, i.e., social security numbers.
PLEASE TAKE FURTHER NOTICE, that upon your failure to provide the
aforementioned documents, the undersigned will object to the offering of any such evidence
relating to same upon the time of trial of this action.
Dated: Garden City, New York.
September 6, 2022
Yours, etc.
LAW OFFICES OF KEVIN P. WESTERMAN
ATTORNEYS FOR Third-Party Defendant
EXCELLENT INTERIORS, INC.
990 Stewart Avenue- Suite 400
Garden City, New York, 11530
Phone: (516) 493-4501
Matter No.: 22-008320
___________________________
Andrea E. Waisman, Esq.
TO:
Lisa M. Rolle, Esq.
TRAUB LIEBERMAN STRAUS & SHREWSBERRY, LLP.
Attorneys for Defendants/Third-Party Plaintiff, 322 GATES LLC.
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
914-347-2600
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
NAQUAWN McINTOSH
111 John Street, 14th Floor
New York, New York 10038
212-227-5000
MICHAEL P. BERKLEY, P.C.
Attorneys for Defendant
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FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022
AIRITAN MANAGEMET CORP.
100 Garden City Plaza, Suite 518
Garden City, New York 11530
516-227-2121
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FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022
STATE OF NEW YORK, COUNTY OF NASSAU ss:
DINA RAJOTTE being duly sworn, deposes and says:
deponent is not a party to the action, is over 18 years of age and resides at Suffolk County, New
York On September 8, 2022, deponent served the within NOTICE TO PRODUCE upon:
Lisa M. Rolle, Esq.
TRAUB LIEBERMAN STRAUS & SHREWSBERRY, LLP.
Attorneys for Defendants/Third-Party Plaintiff, 322 GATES LLC.
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
914-347-2600
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
NAQUAWN McINTOSH
111 John Street, 14th Floor
New York, New York 10038
212-227-5000
MICHAEL P. BERKLEY, P.C.
Attorneys for Defendant
AIRITAN MANAGEMET CORP.
100 Garden City Plaza, Suite 518
Garden City, New York 11530
516-227-2121
attorney in this action, at the address designated by said attorney(s) for that purpose of uploading
within the State of New York Courts Electronic Filing System (“NYSCEF”).
______________________
DINA RAJOTTE
Sworn to before me on this
September 8, 2022
__________________
NOTARY PUBLIC
Cara R. DeMarco
Notary Public State of New York
No. 01DE6210721
Qualified in Nassau County
Commission Expires: 08/31/2025
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FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022
Index No. 526100 Year: 2020
SUPREME COURT OF THE STATE NEW YORK
COUNTY OF KINGS__________________________________________________
NAQUAWN McINTOSH,
Plaintiff,
-against-
322 GATES LLC and AIRTAN MANAGEMENT CORP.
Defendants
AND THIRD-PARTY ACTION
___________________________________________________________________________
NOTICE TO PRODUCE
___________________________________________________________________________
LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Third-Party Defendant
EXCELLENT INTERIORS, INC.
990 Stewart Avenue Suite 400
Garden City, New York 11530
516-493-4501
File No: 22-003254
_________________________________________________________________
NOTICE OF ENTRY
SIR: Please take notice that the within is a (certified) true copy of a
duly entered in the office of the Clerk of the within named Court on 20
Dated:
________________________________________________________________
NOTICE OF SETTLEMENT
SIR: Please take notice that an order of which the within is a true copy will be
presented for settlement to the Hon. one of the judges of the
within named Court, at on the day of
20 at .M.
Dated:
Service of a Copy of the within is hereby admitted
Dated: 20 ____________________________
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Preview
FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Index No.: 526100/2020 NAQUAWN McINTOSH, Plaintiff, NOTICE TO PRODUCE -against- 322 GATES LLC and AIRTAN MANAGEMENT CORP. Defendants. -----------------------------------------------------------------------x 322 GATES LLC. Third Party-Plaintiff, -against- EXCELLENT INTERIORS, INC. Third Party-Defendant. -----------------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to Rule 3101 of the CPLR, Plaintiff is hereby required to produce at the office of the undersigned attorneys, within thirty (30) days after receipt of this Notice, the following: 1. Duly executed and acknowledged, HIPAA-compliant authorizations (containing full names & addresses of all doctors/hospitals) permitting our office to obtain and make copies of any and all records from any video conference/telemedicine appointment/contacts for any treating clinicians during the COVID-19 lockdown or since the outbreak of COVID-19. 2. Any records, including but not limited to electronic records, in Plaintiffs, possession, from any video conference/telemedicine appointment/contacts for any treating clinicians during the COVID-19 lockdown or since the outbreak of COVID-19. PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands and all responsive information that is made known or becomes available after service of the above demands shall be furnished to the undersigned attorneys in a timely fashion. 1 of 5 FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022 PLEASE TAKE FURTHER NOTICE, that all authorizations are to include proper names, including, but not limited to alternate names/aliases, full addresses, and all necessary identification numbers, i.e., social security numbers. PLEASE TAKE FURTHER NOTICE, that upon your failure to provide the aforementioned documents, the undersigned will object to the offering of any such evidence relating to same upon the time of trial of this action. Dated: Garden City, New York. September 6, 2022 Yours, etc. LAW OFFICES OF KEVIN P. WESTERMAN ATTORNEYS FOR Third-Party Defendant EXCELLENT INTERIORS, INC. 990 Stewart Avenue- Suite 400 Garden City, New York, 11530 Phone: (516) 493-4501 Matter No.: 22-008320 ___________________________ Andrea E. Waisman, Esq. TO: Lisa M. Rolle, Esq. TRAUB LIEBERMAN STRAUS & SHREWSBERRY, LLP. Attorneys for Defendants/Third-Party Plaintiff, 322 GATES LLC. Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 914-347-2600 ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff NAQUAWN McINTOSH 111 John Street, 14th Floor New York, New York 10038 212-227-5000 MICHAEL P. BERKLEY, P.C. Attorneys for Defendant 2 of 5 FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022 AIRITAN MANAGEMET CORP. 100 Garden City Plaza, Suite 518 Garden City, New York 11530 516-227-2121 3 of 5 FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022 STATE OF NEW YORK, COUNTY OF NASSAU ss: DINA RAJOTTE being duly sworn, deposes and says: deponent is not a party to the action, is over 18 years of age and resides at Suffolk County, New York On September 8, 2022, deponent served the within NOTICE TO PRODUCE upon: Lisa M. Rolle, Esq. TRAUB LIEBERMAN STRAUS & SHREWSBERRY, LLP. Attorneys for Defendants/Third-Party Plaintiff, 322 GATES LLC. Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 914-347-2600 ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff NAQUAWN McINTOSH 111 John Street, 14th Floor New York, New York 10038 212-227-5000 MICHAEL P. BERKLEY, P.C. Attorneys for Defendant AIRITAN MANAGEMET CORP. 100 Garden City Plaza, Suite 518 Garden City, New York 11530 516-227-2121 attorney in this action, at the address designated by said attorney(s) for that purpose of uploading within the State of New York Courts Electronic Filing System (“NYSCEF”). ______________________ DINA RAJOTTE Sworn to before me on this September 8, 2022 __________________ NOTARY PUBLIC Cara R. DeMarco Notary Public State of New York No. 01DE6210721 Qualified in Nassau County Commission Expires: 08/31/2025 4 of 5 FILED: KINGS COUNTY CLERK 09/08/2022 10:48 AM INDEX NO. 526100/2020 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/08/2022 Index No. 526100 Year: 2020 SUPREME COURT OF THE STATE NEW YORK COUNTY OF KINGS__________________________________________________ NAQUAWN McINTOSH, Plaintiff, -against- 322 GATES LLC and AIRTAN MANAGEMENT CORP. Defendants AND THIRD-PARTY ACTION ___________________________________________________________________________ NOTICE TO PRODUCE ___________________________________________________________________________ LAW OFFICES OF KEVIN P. WESTERMAN Attorneys for Third-Party Defendant EXCELLENT INTERIORS, INC. 990 Stewart Avenue Suite 400 Garden City, New York 11530 516-493-4501 File No: 22-003254 _________________________________________________________________ NOTICE OF ENTRY SIR: Please take notice that the within is a (certified) true copy of a duly entered in the office of the Clerk of the within named Court on 20 Dated: ________________________________________________________________ NOTICE OF SETTLEMENT SIR: Please take notice that an order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on the day of 20 at .M. Dated: Service of a Copy of the within is hereby admitted Dated: 20 ____________________________ 5 of 5