Preview
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
EXHIBIT B
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
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 and through his attorneys, ASHER &
ASSOCIATES, P.C., responds to the Combined Discovery Demands of Third-Party Defendant
EXCELLENT INTERIORS INC., as follows:
RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF ALL NON-ATTORNEY
LIEN HOLDERS AND RELATED DOCUMENTATION ADDRESS
At this time, Plaintiff is not aware of any lien holder.
RESPONSE TO DEMAND FOR PRE-SURGICAL INDEPENDENT MEDICAL
EXAMINATION
1.-8. Plaintiff is to conduct a physical examination pursuant to CPLR.
RESPONSE TO DEMAND FOR SOCIAL NETWORKING INFORMATION
1.-16. 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
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
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,
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.
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
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,
privileged and/or otherwise protected on various grounds, including but not necessarily limited
to attorney-client privilege, spousal immunity, etc.
RESPONSE TO NOTICE TO PRODUCE
1.-2. Not applicable. Plaintiff did not have any video/conference/telemedicine
appointments/contacts or treatment during COVID-19.
A. RESPONSE TO DEMAND FOR EMPLOYMENT RECORD AUTHORIZATIONS
1.-2. Annexed hereto is a duly executed HIPAA Compliant Authorizations
permitting Defendant to obtain a copy of plaintiff’s employment records from:
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
FOSTER EQUITES
633 Marlborough Road
Brooklyn, New York 11226
B. RESPONSE TO DEMAND FOR MEDICAL INFORMATION, REPORTS AND
AUTHORIZATIONS
1.-12. 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
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.
Death: Not applicable.
Annexed hereto please find a duly executed authorization to obtain Plaintiff’s
pharmacy records from the following:
GENA CARE PHARMACY
173 Chauncey Street
Brooklyn, NY 11233
C. RESPONSE TO DEMAND FOR COLLATERAL SOURCE INFORMATION
PURSUANT TO CPLR 3101, 3120 AND 4545
1.-2. 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
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
Albany, New York 12241
D. RESPONSE TO DEMAND FOR WORKERS COMPENSATION RECORDS
1.-2. 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
E. RESPONSE TO DEMAND FOR DISABILITY CLAIMS RECORDS
1.-2. Not applicable.
F. RESPONSE TO DEMAND FOR SOCIAL SECURITY RECORDS
Not applicable.
G. RESPONSE TO DEMAND FOR THE RECORDS OF MEDICAID, MEDICARE
AND OTHER SIMILAR PROGRAMS
Medicare: Not applicable.
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
ID #: 117928900
H. RESPONSE TO DEMAND FOR NO-FAULT RECORDS
Not applicable.
I. RESPONSE TO DEMAND FOR INCOME INFORMATION AND
AUTHORIZATION FOR IRS RECORDS
Defendant's demand for authorization to obtain plaintiff's tax returns is improper in
this instance. Where a self-employed plaintiff seeks damages for a loss of earnings, tax returns
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
are discoverable. Scholte v. Agway, Inc., 544 NYS2d 105 (4th Dept. 1989). Otherwise not
generally discoverable. Mayo, Lynch and Associates v. Fine, 123 AD2d 607, 506 NYS2d 771
(2d Dept. 1986). Disclosure of tax returns is generally disfavored in the absence of a strong
showing of necessity and desirability for such disclosure. Walter Karl, Inc. v. Wood, 555 NYS2d
840 (2d Dept. 1990).
J. RESPONSE TO DEMAND FOR SCHOOL RECORDS AUTHORIZATIONS
(a-d) Not applicable.
K. RESPONSE TO DEMAND FOR INDEX NUMBER
Index No.: 526100/2020
L. RESPONSE TO DEMAND TO PRODUCE STATEMENT OF PARTY
PURSUANT TO CPLR SECTIONS 3103(E) AND 3120
Plaintiff is not in possession of any statements, party statements, records, memoranda,
notes, tape recordings, or other recorded audio or video communications of defendant. Plaintiff is
not in possession of any party statements other than those contained within medical records.
M. RESPONSE TO DEMAND PURSUANT TO CPLR 2103(e)
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, Fourteenth Floor
New York, New York 10038
(212) 227-5000
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
WOOD SMITH HENNING & BERMAN LLP
Attorneys for Defendant
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, New York Y 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
N. RESPONSE TO DEMAND FOR ACCIDENT REPORTS
Not applicable.
O. RESPONSE TO DEMAND FOR THE NAMES AND ADDRESSES OF ALL
WITNESSES
1.-2. 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.
P. RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION
1. True and accurate copies of each and every recorded/written complaint and/or
notice, including, but not limited to, any work tickets made to and/or from this defendant with
respect to the condition alleged in the complaint to have caused or contributed to the occurrence
alleged in the complaint: Not applicable.
2. True and accurate copies of any reports or other writings prepared by or made to
the police or any other governmental officers or agencies in connection with the occurrence
alleged in the complaint: Not applicable.
3. Attached, please find seven (7) photographs of the scene of the alleged accident
attached to this response.
4. At this time, plaintiff is not in possession of any videotapes and photographs
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depicting plaintiff’s injuries.
5. All photographs of all vehicles, instrumentalities and/or objects involved in the
incident/occurrence alleged in the complaint: At this time, plaintiff is not in possession of any
videotapes and photographs which demonstrate the instrumentalities involved.
6. True and accurate copies of all transcripts of any hearings and/or depositions
concerning the occurrence alleged in the complaint: Not applicable.
7. True and accurate copies of all Notices of Claims served in this action: Not
applicable.
8. True and accurate copies of the documents referred to by plaintiff during
testimony of plaintiff taken pursuant to Section 50-h of the General Municipal Law: Not
applicable.
9. Plaintiff is not in possession of any agreement which were in effect between the
parties on the date of the occurrence.
10. A true and accurate copy of plaintiff's birth certificate and social security card: To
be provided under separate cover sheet.
11. Death certificate: Not applicable. Plaintiff is not deceased.
12. A duly executed and acknowledged written authorizations to allow this defendant
to obtain any testimony in any criminal proceeding involving the assailant, including without
limitation Grand Jury testimony or trial testimony, with all identifying information permitting
location of said testimony relative to criminal proceedings, if any, resulting from the occurrence
alleged in the complaint: Not applicable.
13. Copies of all claims and pleadings served upon any other person or entity,
including the parties to this action, in any other action or occurrence in which the injuries or
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
damages as alleged herein are in issue: Any an all pleadings can be obtain from NYSCEF’s
website.
14. Copies of any and all contracts, agreements, leases, bills, work progress reports,
daily logs or work orders or any communication exchanged by and between any party to this
action in relation to or in effect on the date of this occurrence referred to in plaintiff's complaint
for the accident site referred to in plaintiff's complaint: Plaintiff is not in possession of such
documents.
15. Loss of services: Not applicable.
16. Purchase, maintenance and repair records for the instrumentality, device,
machine, tool, etc. involved in the alleged occurrence, including but not limited to: automobiles,
bicycles, elevators, escalators, doors, etc.: Not applicable.
17. Copies of all safety records, logs and/or reports prepared and maintained and from
the subject project: Plaintiff is not in possession of such documents.
18. Copies of all notes, daily logs and/or reports, jobsite reports: Plaintiff is not in
possession of such documents.
19. Copies of all safety meeting minutes and all job meeting minutes for the subject
project: Plaintiff is not in possession of such documents.
20. Copies of any and all correspondences or e-mails between the parties and B&G
Electrical: Plaintiff is not in possession of such documents.
Q. RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION
PURSUANT TO CPLR SECTION 3101(d)
1.-9. 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).
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
R. RESPONSE TO DEMAND FOR COPIES OF INSURANCE CONTRACT AND
AGREEMENTS
Plaintiff is not in possession of the insurance contract and/or agreement which any person
carrying on insurance business.
Dated: New York, New York
January 9, 2023
Yours, etc.
_ Ryan H. Asher_
By: RYAN H. ASHER, ESQ.
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, Fourteenth Floor
New York, New York 10038
(212) 227-5000
TO:
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
WOOD SMITH HENNING & BERMAN LLP
Attorneys for Defendant
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, New York 10017
(212) 999-7105
File No.: 11107-0064
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
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
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
January 9, 2023 _ Ryan H. Asher_
RYAN H. ASHER, ESQ.
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
INTERFAITH:HEDICAL CENTER
1545 ATLANTIC AVE.BROOKLYN NY 11213
ACCT1 V0082s812671 (119) 13-4Ò00 KR I300293001
1D1f17 DATE: 04/16/18 2008/BED:1 P TIE STATUS DEP ER
AD1GT TIME: 0131 ACCOM
DISCH DATE: EERYrLOC AA EDFT FINANDALtCIASS; MCDHMO
DISCH TIME: ADMIT|;SOURCE Emergency Room Entergd Bp: MDENSON
IRRIVED:2BYi WALK-IN
*** PATIENT INFORMATION ***
PMENT MCINTOSH,NAQUAVN T BIRTHDATE4 11/21/1986 XGE), 31 SE M
1UDHE5S: 1199 EASTERN PKWY APT 10B ÑHIT E:3ST SINGLE 95F-
BROOKLYN,NY 11213 RE15 IOÑ NONE R10 Bi AFRICAN AM
PHONE # 929-253-8363 AMÈ
*** PHYSICIAN INFORMATION ***
IDMITTPHYSICIAN2 PRIMARY CARE PEY:
ATTENDIlNG PHYSICIAN: EAMIIV EHYSICIANi:
EErjMBIUI; N McCarthy,John MD 0TiHER PHYSIC ANý
*** EMPLOYMENT INFORMATION =
EMPIOVER: NOT EMPLOYED OSCUPATION;:
ASRESS! None EMP PHONE
... .
*** CONTACT INFORMATION ***
NEXT OF KIN CRADDOCK,ANNETTE ;PEVSON TOjNOTIFY: CRADDOCK,ANNETTE
500;ADDRESS 120-12 DILLON STREET EEVSOR:;N TIM;;ÁDDij; 120-12 DILLON ST
........
........ ...
...... .
JAMAICA,NY 11435
NOK T SONE #; 999-999-9999 FERSON NOTIFY PH#; 999-999-9999
RORK2EONE WORK PHONE #:
RNI!ATION5HI) OTHER RELATIONS RELATIONSHIP: OTHER RELATIONSHIP
*** GUARANTOR INFORMATION ***
GUARkNTOR NAMEt MCINTOSH,NAQUAWN T GUAR EMPLOYER: NOT EMPLOYED
GifARÏDDRESS 1199 EASTERN PKVY APT 10GUAR EMP PH #:
BROOKLYN,NY 11213 RELATIONSHIP:. 18 SELF / SAME
G1111t PRONE NO: 929-253-8363 GUARANTOR SS#:.
411'
INSURANCE POLICY * SUBSCRIBER ATITR/PREdCtk•
1 AFFINITY MCAID/FAMIL 117928900 NCIHTOBH,NAQU N
Î' 0. OX 901726,EL PASO,TX 79998-1'726
2 MEDICAID OF NYC YDB2497H MCINTOSH,NAQUAWN T
OCCURENCE CODE: DATE: TIME: STATE:
PLACE OF ACCIDENT:
.LEFT ARM ELBOW PAIN AND HAND, HEAD XRAY
$VA50)))$)
DIAGNOSIS 1: DIAGNOSIS 3:
DIAGNOSIS 2: PROCEDURE
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
DATE 04/19. 18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 1
USER. MDENSON ED Summary Report
ent( MGINTOSH,NÃQUA T Age/Se : 31 M
MR I300293801 V# MD 2M)71
. rarvide:c Medarthy. ohn 80
1199 EASTERN PKWV APT 108
BR00KLYN NY 11213
929-253-8363
Insurance: AFFINITY MCAID/FAMILY/CHILD PCP:
Next of Kin: CRADDOCK,ANNETTE Family Doctor:
Relation: OTHER RELATIONSHIP Referring:
Phone: 999-999-9999
Allergy/Adyprse Reaction Type Severi t y Pate
No Known Drug Allergies Allergy 08/19/15
ED Physician: McCarthy,John MD, ATTENDING Arrival Date/Time: 04/16 /18 - 0042
Practitioner: Roldy Loremil Triage Date/Time: 04 /16 /18 - 0113
Nurse: Date of Birth: 11/21/1986
Stated Complaint: LEFT ARM ELBOW PAIN AND HAND, HEAD XRAY
Chief Complaint: Upper Extremity Injury Priority:
Status Event History:
04/16/18 0042 ARRIVED
0113 Triage
0131 Registered
0953 Patient Departed
04/18/18 0002 Clean Up
94/,f 6/19 0113 Tri¢r ge Assessmen t Phabiola Lazvche, RE
I.anguage Assistance Meedest:
Is Language Assistance Needed? N
Language English
Deaf/Hard of Hearing Assistence Needed:
Deaf/Hard of Hearing Assistance Needed? N
Deaf/Hard Hearing Comment NA
Chief Comolaint:
Chief Complaint Upper Extremity Injury
Obiective/Subiective /Comment Date:
Subjective/Objective Comment Data Patient walked in complaining of pain to L elbow since
friday after geeting into an altercation. Mild swelling
noted to L/ 4th finger.
PMx: Asthma
Psych: Denies
Received From:
Mode of Arrival EMS
Vital Sign:
Temperature (Fahrenheit) 98.5
Temperature (Calculated Celsius) 36.9
Temperature Source Oral
Pulse Rate (adult) 55
.... .... ....................
........ .. .... ... . . .. .... .... ........ ..
Patient: MCINTOSH,NKQUAVN T
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
DATE: 04/19/18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 2
USER: MDENSON ED Summary Report
ient: MCINTOSH,NÂÇUAE T Agwsex: 31/M
HR# I300M3801 V V00823812671
) reovider; -McCafey,John MD
Respiratory Rate 17
O2 Sat by Pulse Oximetry 98
Blood Pressure Systolic 127
Blood Pressure Diastolic 77
Inf ect ion Spreening :
Suspected Infection N
Rigors? N
Altered Mental Status from Baseline? N
Notify Physician to Initiate Order for Sepsis Panel No
Sepsis Code Initiated No
Travel N
Contact N
Sign and Symptom N/A
Have you received the flu vaccine in the past? No
Have you received the measles vaccine in the past Y
Tetanus History <5 years
Height:
Height (Feet) 5
Height (Inches) 11.00
Height (Calculated Centimeters) 180.340000
Veight:
Weight (Paunds) 150.000
Weight (Calculated Grams) 68038.855
Weight (Calculated Kilograms) 68.030
Weight Measurement Method Stated by Patient
Body Mass Index (BMI) 20.0
Body Surface Area 1.84
Cho)çing/Aspir
tion Screening:
Problems Swallowing? N
Coughing or Choking? N
Sensation of Food Sticking in Your Throat? N
Medical/First Aid Assistance due to Choking? N
Primary Nurse Notified N/A
Pain Assessment:
. Are you in Pain? Y
Pain Location L/ shoulder, L/ 4th finger
Pain Scale Numeric
Pain Intensity 7
Description Aching, Acute
Pain Intervention Physician Notified
Smokina Status:
Smoking Status Current every day smoker
Abuse/Neglect;
Do you feel safe at home? Y
Is there anyone threatening you or your loved one? N
Reports Abuse or Domestic Violence N
Fears Partner, Child, Parent or Caregiver N
Is there evidence of possible abuse and/or neglect? N/A
Suinidp/Homicide Screening:
Right Now, Have Thoughts That You Would Be Better Off Dead? N
Right Now, Have You Thoughts of Hurting Yourself in Any Way? N
In The Past 4 Uks, Have You Made a Suicide Attempt? N
Past 4 Uks, Have You Had Thoughts of Hurting Others? N
Seen Medical ED Attending. Approved for transfer to BH ED N/A
by
High Risk Behaviors Identified:
Pgient: MCINTOSH.NAQUANN.T
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
DATE 04/19 18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 3
USER· MDENSON ED Report
Summary
Patient: MCINTOSH,EAQ1IAWN T Age/Sen: 31 M
I30029,3801'
HR# V# 7b0823812671
ED Provider: McGapthy,#ohn MD
High Risk Behaviors Identified n/a
Physician Natified N/A
Sign/Symptom of Stroke:
Sign and Symptom of Stroke? N
HIV/HEP C Screening:
Are you having unprotected sex? decline
History of Sexually Transmitted Disease decline
Have you ever Injected Drug (IDU)? decline
HIV Self-Reported Testing Hz within the last 6 months
HIV Result Negative
Outcome: patient declined
Hepatitis C Test not applicable
Organ Donor:
Is Patient an Organ Donor? N
Triage Category:
ESI Triage Level Level 4
#4/16/f8 8205 fatequnentary Assessment Kushka Sharfstein, RN
Svantoms:
Integumentary Symptoms Area of Concern, Pain
Skin:
Modifier Left
Skin Location Elbow
Problem swelling + pain
Temperature Warm
Moisture Dry
Texture Smooth
Color Normal for Ethnicity
64/16/18 0205 Teach Nul tidisciolinar y Ed. Mushka Sharfs tein, RH
Learning:
Readiness to Learn Ready
Barriers to Learning None
Multidisciplinary Patient and Family Ed;
Multidisciplinary Education Topics Treatment Planning
General Education Topic Components Discharge Planning, Fall Risk Management,
Pain Management, Safety Precautions, Action of Med,
Appearance of Med, Dose of Med, Frequency of Med,
Follow Up w MD, Side Effects of Med
Community Based Resources, Therapeutic Effects Med,
When to Call MD, Reporting Safety Concern
Teaching Recipient Patient
Teaching Methods Dispussion, Verbal/Physical Prompt
Evaluation of Learning Verbalizes Understanding
04/16/18 0600 Pain Assessment Kushka Sharfstein, R
Pain Scale Used:
Currently in Pain Y
Pain Scale Used 1-10 Scale
Location;
Location Modifier Left
Pain Location Elbow
Description Tenderness, Dull
Pain Intensity 2 of 10
Radiation Location L hand 4th finger
Patfien CINT05 HAO 9TÏT
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NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023
DATE: 04/19/18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 4
USER: MDENSON ED Summary Report
Patient: MCINTOSHJAQUANN T Age/Sex: 31/M
MR# I300293801 V# V008238126
ED Pro iden Mc©arthy.Jolm ND
Pain Interventions Physician Notified, Breathing Exercises, Medication, Immobilization,
Distraction, Heat Pack
Education:
Teaching Topic Pain
Teaching Recipient Patient
Patient education Relaxation, Heat/cold compresse, Distraction, Medication
Report new onset of pain
Evaluation of learning Verbalizes Understanding
Q4/16/J8 GSDQ Vital Signs - Standard Units Hushka RH
Sharfstein,
Temocrature:
Temperature (Fahrenheit) 97.7
Source Oral
Pulse:
Pulse Rate (adult) 54
Side Left
Location Digit
Method O2 Sat Monitor
Respirations:
Respiratory Rate 16
Effort Non-Labored
Patt.ern Normal
Pulse Oximetry 100
Oxvaen:
Oxygen Delivery Method Room Air
Blood Pressure:
Systolic 112
Diastolic 66
Mean 81
Location Right Arm
Source Automatic Cuff /Monitor
Position Sitting
#//14/18 2031 ShHt t9 Shift fand off Harie Joseph, RH
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FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 EXHIBIT B FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 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 and through his attorneys, ASHER & ASSOCIATES, P.C., responds to the Combined Discovery Demands of Third-Party Defendant EXCELLENT INTERIORS INC., as follows: RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF ALL NON-ATTORNEY LIEN HOLDERS AND RELATED DOCUMENTATION ADDRESS At this time, Plaintiff is not aware of any lien holder. RESPONSE TO DEMAND FOR PRE-SURGICAL INDEPENDENT MEDICAL EXAMINATION 1.-8. Plaintiff is to conduct a physical examination pursuant to CPLR. RESPONSE TO DEMAND FOR SOCIAL NETWORKING INFORMATION 1.-16. 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 FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 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, 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. FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 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, privileged and/or otherwise protected on various grounds, including but not necessarily limited to attorney-client privilege, spousal immunity, etc. RESPONSE TO NOTICE TO PRODUCE 1.-2. Not applicable. Plaintiff did not have any video/conference/telemedicine appointments/contacts or treatment during COVID-19. A. RESPONSE TO DEMAND FOR EMPLOYMENT RECORD AUTHORIZATIONS 1.-2. Annexed hereto is a duly executed HIPAA Compliant Authorizations permitting Defendant to obtain a copy of plaintiff’s employment records from: FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 FOSTER EQUITES 633 Marlborough Road Brooklyn, New York 11226 B. RESPONSE TO DEMAND FOR MEDICAL INFORMATION, REPORTS AND AUTHORIZATIONS 1.-12. 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 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. Death: Not applicable. Annexed hereto please find a duly executed authorization to obtain Plaintiff’s pharmacy records from the following: GENA CARE PHARMACY 173 Chauncey Street Brooklyn, NY 11233 C. RESPONSE TO DEMAND FOR COLLATERAL SOURCE INFORMATION PURSUANT TO CPLR 3101, 3120 AND 4545 1.-2. 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 FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 Albany, New York 12241 D. RESPONSE TO DEMAND FOR WORKERS COMPENSATION RECORDS 1.-2. 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 E. RESPONSE TO DEMAND FOR DISABILITY CLAIMS RECORDS 1.-2. Not applicable. F. RESPONSE TO DEMAND FOR SOCIAL SECURITY RECORDS Not applicable. G. RESPONSE TO DEMAND FOR THE RECORDS OF MEDICAID, MEDICARE AND OTHER SIMILAR PROGRAMS Medicare: Not applicable. 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 ID #: 117928900 H. RESPONSE TO DEMAND FOR NO-FAULT RECORDS Not applicable. I. RESPONSE TO DEMAND FOR INCOME INFORMATION AND AUTHORIZATION FOR IRS RECORDS Defendant's demand for authorization to obtain plaintiff's tax returns is improper in this instance. Where a self-employed plaintiff seeks damages for a loss of earnings, tax returns FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 are discoverable. Scholte v. Agway, Inc., 544 NYS2d 105 (4th Dept. 1989). Otherwise not generally discoverable. Mayo, Lynch and Associates v. Fine, 123 AD2d 607, 506 NYS2d 771 (2d Dept. 1986). Disclosure of tax returns is generally disfavored in the absence of a strong showing of necessity and desirability for such disclosure. Walter Karl, Inc. v. Wood, 555 NYS2d 840 (2d Dept. 1990). J. RESPONSE TO DEMAND FOR SCHOOL RECORDS AUTHORIZATIONS (a-d) Not applicable. K. RESPONSE TO DEMAND FOR INDEX NUMBER Index No.: 526100/2020 L. RESPONSE TO DEMAND TO PRODUCE STATEMENT OF PARTY PURSUANT TO CPLR SECTIONS 3103(E) AND 3120 Plaintiff is not in possession of any statements, party statements, records, memoranda, notes, tape recordings, or other recorded audio or video communications of defendant. Plaintiff is not in possession of any party statements other than those contained within medical records. M. RESPONSE TO DEMAND PURSUANT TO CPLR 2103(e) ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, Fourteenth Floor New York, New York 10038 (212) 227-5000 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 WOOD SMITH HENNING & BERMAN LLP Attorneys for Defendant FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, New York Y 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 N. RESPONSE TO DEMAND FOR ACCIDENT REPORTS Not applicable. O. RESPONSE TO DEMAND FOR THE NAMES AND ADDRESSES OF ALL WITNESSES 1.-2. 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. P. RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION 1. True and accurate copies of each and every recorded/written complaint and/or notice, including, but not limited to, any work tickets made to and/or from this defendant with respect to the condition alleged in the complaint to have caused or contributed to the occurrence alleged in the complaint: Not applicable. 2. True and accurate copies of any reports or other writings prepared by or made to the police or any other governmental officers or agencies in connection with the occurrence alleged in the complaint: Not applicable. 3. Attached, please find seven (7) photographs of the scene of the alleged accident attached to this response. 4. At this time, plaintiff is not in possession of any videotapes and photographs FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 depicting plaintiff’s injuries. 5. All photographs of all vehicles, instrumentalities and/or objects involved in the incident/occurrence alleged in the complaint: At this time, plaintiff is not in possession of any videotapes and photographs which demonstrate the instrumentalities involved. 6. True and accurate copies of all transcripts of any hearings and/or depositions concerning the occurrence alleged in the complaint: Not applicable. 7. True and accurate copies of all Notices of Claims served in this action: Not applicable. 8. True and accurate copies of the documents referred to by plaintiff during testimony of plaintiff taken pursuant to Section 50-h of the General Municipal Law: Not applicable. 9. Plaintiff is not in possession of any agreement which were in effect between the parties on the date of the occurrence. 10. A true and accurate copy of plaintiff's birth certificate and social security card: To be provided under separate cover sheet. 11. Death certificate: Not applicable. Plaintiff is not deceased. 12. A duly executed and acknowledged written authorizations to allow this defendant to obtain any testimony in any criminal proceeding involving the assailant, including without limitation Grand Jury testimony or trial testimony, with all identifying information permitting location of said testimony relative to criminal proceedings, if any, resulting from the occurrence alleged in the complaint: Not applicable. 13. Copies of all claims and pleadings served upon any other person or entity, including the parties to this action, in any other action or occurrence in which the injuries or FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 damages as alleged herein are in issue: Any an all pleadings can be obtain from NYSCEF’s website. 14. Copies of any and all contracts, agreements, leases, bills, work progress reports, daily logs or work orders or any communication exchanged by and between any party to this action in relation to or in effect on the date of this occurrence referred to in plaintiff's complaint for the accident site referred to in plaintiff's complaint: Plaintiff is not in possession of such documents. 15. Loss of services: Not applicable. 16. Purchase, maintenance and repair records for the instrumentality, device, machine, tool, etc. involved in the alleged occurrence, including but not limited to: automobiles, bicycles, elevators, escalators, doors, etc.: Not applicable. 17. Copies of all safety records, logs and/or reports prepared and maintained and from the subject project: Plaintiff is not in possession of such documents. 18. Copies of all notes, daily logs and/or reports, jobsite reports: Plaintiff is not in possession of such documents. 19. Copies of all safety meeting minutes and all job meeting minutes for the subject project: Plaintiff is not in possession of such documents. 20. Copies of any and all correspondences or e-mails between the parties and B&G Electrical: Plaintiff is not in possession of such documents. Q. RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION PURSUANT TO CPLR SECTION 3101(d) 1.-9. 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). FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 R. RESPONSE TO DEMAND FOR COPIES OF INSURANCE CONTRACT AND AGREEMENTS Plaintiff is not in possession of the insurance contract and/or agreement which any person carrying on insurance business. Dated: New York, New York January 9, 2023 Yours, etc. _ Ryan H. Asher_ By: RYAN H. ASHER, ESQ. ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, Fourteenth Floor New York, New York 10038 (212) 227-5000 TO: 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 WOOD SMITH HENNING & BERMAN LLP Attorneys for Defendant AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, New York 10017 (212) 999-7105 File No.: 11107-0064 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 FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 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 January 9, 2023 _ Ryan H. Asher_ RYAN H. ASHER, ESQ. FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 INTERFAITH:HEDICAL CENTER 1545 ATLANTIC AVE.BROOKLYN NY 11213 ACCT1 V0082s812671 (119) 13-4Ò00 KR I300293001 1D1f17 DATE: 04/16/18 2008/BED:1 P TIE STATUS DEP ER AD1GT TIME: 0131 ACCOM DISCH DATE: EERYrLOC AA EDFT FINANDALtCIASS; MCDHMO DISCH TIME: ADMIT|;SOURCE Emergency Room Entergd Bp: MDENSON IRRIVED:2BYi WALK-IN *** PATIENT INFORMATION *** PMENT MCINTOSH,NAQUAVN T BIRTHDATE4 11/21/1986 XGE), 31 SE M 1UDHE5S: 1199 EASTERN PKWY APT 10B ÑHIT E:3ST SINGLE 95F- BROOKLYN,NY 11213 RE15 IOÑ NONE R10 Bi AFRICAN AM PHONE # 929-253-8363 AMÈ *** PHYSICIAN INFORMATION *** IDMITTPHYSICIAN2 PRIMARY CARE PEY: ATTENDIlNG PHYSICIAN: EAMIIV EHYSICIANi: EErjMBIUI; N McCarthy,John MD 0TiHER PHYSIC ANý *** EMPLOYMENT INFORMATION = EMPIOVER: NOT EMPLOYED OSCUPATION;: ASRESS! None EMP PHONE ... . *** CONTACT INFORMATION *** NEXT OF KIN CRADDOCK,ANNETTE ;PEVSON TOjNOTIFY: CRADDOCK,ANNETTE 500;ADDRESS 120-12 DILLON STREET EEVSOR:;N TIM;;ÁDDij; 120-12 DILLON ST ........ ........ ... ...... . JAMAICA,NY 11435 NOK T SONE #; 999-999-9999 FERSON NOTIFY PH#; 999-999-9999 RORK2EONE WORK PHONE #: RNI!ATION5HI) OTHER RELATIONS RELATIONSHIP: OTHER RELATIONSHIP *** GUARANTOR INFORMATION *** GUARkNTOR NAMEt MCINTOSH,NAQUAWN T GUAR EMPLOYER: NOT EMPLOYED GifARÏDDRESS 1199 EASTERN PKVY APT 10GUAR EMP PH #: BROOKLYN,NY 11213 RELATIONSHIP:. 18 SELF / SAME G1111t PRONE NO: 929-253-8363 GUARANTOR SS#:. 411' INSURANCE POLICY * SUBSCRIBER ATITR/PREdCtk• 1 AFFINITY MCAID/FAMIL 117928900 NCIHTOBH,NAQU N Î' 0. OX 901726,EL PASO,TX 79998-1'726 2 MEDICAID OF NYC YDB2497H MCINTOSH,NAQUAWN T OCCURENCE CODE: DATE: TIME: STATE: PLACE OF ACCIDENT: .LEFT ARM ELBOW PAIN AND HAND, HEAD XRAY $VA50)))$) DIAGNOSIS 1: DIAGNOSIS 3: DIAGNOSIS 2: PROCEDURE FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 DATE 04/19. 18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 1 USER. MDENSON ED Summary Report ent( MGINTOSH,NÃQUA T Age/Se : 31 M MR I300293801 V# MD 2M)71 . rarvide:c Medarthy. ohn 80 1199 EASTERN PKWV APT 108 BR00KLYN NY 11213 929-253-8363 Insurance: AFFINITY MCAID/FAMILY/CHILD PCP: Next of Kin: CRADDOCK,ANNETTE Family Doctor: Relation: OTHER RELATIONSHIP Referring: Phone: 999-999-9999 Allergy/Adyprse Reaction Type Severi t y Pate No Known Drug Allergies Allergy 08/19/15 ED Physician: McCarthy,John MD, ATTENDING Arrival Date/Time: 04/16 /18 - 0042 Practitioner: Roldy Loremil Triage Date/Time: 04 /16 /18 - 0113 Nurse: Date of Birth: 11/21/1986 Stated Complaint: LEFT ARM ELBOW PAIN AND HAND, HEAD XRAY Chief Complaint: Upper Extremity Injury Priority: Status Event History: 04/16/18 0042 ARRIVED 0113 Triage 0131 Registered 0953 Patient Departed 04/18/18 0002 Clean Up 94/,f 6/19 0113 Tri¢r ge Assessmen t Phabiola Lazvche, RE I.anguage Assistance Meedest: Is Language Assistance Needed? N Language English Deaf/Hard of Hearing Assistence Needed: Deaf/Hard of Hearing Assistance Needed? N Deaf/Hard Hearing Comment NA Chief Comolaint: Chief Complaint Upper Extremity Injury Obiective/Subiective /Comment Date: Subjective/Objective Comment Data Patient walked in complaining of pain to L elbow since friday after geeting into an altercation. Mild swelling noted to L/ 4th finger. PMx: Asthma Psych: Denies Received From: Mode of Arrival EMS Vital Sign: Temperature (Fahrenheit) 98.5 Temperature (Calculated Celsius) 36.9 Temperature Source Oral Pulse Rate (adult) 55 .... .... .................... ........ .. .... ... . . .. .... .... ........ .. Patient: MCINTOSH,NKQUAVN T FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 DATE: 04/19/18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 2 USER: MDENSON ED Summary Report ient: MCINTOSH,NÂÇUAE T Agwsex: 31/M HR# I300M3801 V V00823812671 ) reovider; -McCafey,John MD Respiratory Rate 17 O2 Sat by Pulse Oximetry 98 Blood Pressure Systolic 127 Blood Pressure Diastolic 77 Inf ect ion Spreening : Suspected Infection N Rigors? N Altered Mental Status from Baseline? N Notify Physician to Initiate Order for Sepsis Panel No Sepsis Code Initiated No Travel N Contact N Sign and Symptom N/A Have you received the flu vaccine in the past? No Have you received the measles vaccine in the past Y Tetanus History <5 years Height: Height (Feet) 5 Height (Inches) 11.00 Height (Calculated Centimeters) 180.340000 Veight: Weight (Paunds) 150.000 Weight (Calculated Grams) 68038.855 Weight (Calculated Kilograms) 68.030 Weight Measurement Method Stated by Patient Body Mass Index (BMI) 20.0 Body Surface Area 1.84 Cho)çing/Aspir tion Screening: Problems Swallowing? N Coughing or Choking? N Sensation of Food Sticking in Your Throat? N Medical/First Aid Assistance due to Choking? N Primary Nurse Notified N/A Pain Assessment: . Are you in Pain? Y Pain Location L/ shoulder, L/ 4th finger Pain Scale Numeric Pain Intensity 7 Description Aching, Acute Pain Intervention Physician Notified Smokina Status: Smoking Status Current every day smoker Abuse/Neglect; Do you feel safe at home? Y Is there anyone threatening you or your loved one? N Reports Abuse or Domestic Violence N Fears Partner, Child, Parent or Caregiver N Is there evidence of possible abuse and/or neglect? N/A Suinidp/Homicide Screening: Right Now, Have Thoughts That You Would Be Better Off Dead? N Right Now, Have You Thoughts of Hurting Yourself in Any Way? N In The Past 4 Uks, Have You Made a Suicide Attempt? N Past 4 Uks, Have You Had Thoughts of Hurting Others? N Seen Medical ED Attending. Approved for transfer to BH ED N/A by High Risk Behaviors Identified: Pgient: MCINTOSH.NAQUANN.T FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 DATE 04/19 18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 3 USER· MDENSON ED Report Summary Patient: MCINTOSH,EAQ1IAWN T Age/Sen: 31 M I30029,3801' HR# V# 7b0823812671 ED Provider: McGapthy,#ohn MD High Risk Behaviors Identified n/a Physician Natified N/A Sign/Symptom of Stroke: Sign and Symptom of Stroke? N HIV/HEP C Screening: Are you having unprotected sex? decline History of Sexually Transmitted Disease decline Have you ever Injected Drug (IDU)? decline HIV Self-Reported Testing Hz within the last 6 months HIV Result Negative Outcome: patient declined Hepatitis C Test not applicable Organ Donor: Is Patient an Organ Donor? N Triage Category: ESI Triage Level Level 4 #4/16/f8 8205 fatequnentary Assessment Kushka Sharfstein, RN Svantoms: Integumentary Symptoms Area of Concern, Pain Skin: Modifier Left Skin Location Elbow Problem swelling + pain Temperature Warm Moisture Dry Texture Smooth Color Normal for Ethnicity 64/16/18 0205 Teach Nul tidisciolinar y Ed. Mushka Sharfs tein, RH Learning: Readiness to Learn Ready Barriers to Learning None Multidisciplinary Patient and Family Ed; Multidisciplinary Education Topics Treatment Planning General Education Topic Components Discharge Planning, Fall Risk Management, Pain Management, Safety Precautions, Action of Med, Appearance of Med, Dose of Med, Frequency of Med, Follow Up w MD, Side Effects of Med Community Based Resources, Therapeutic Effects Med, When to Call MD, Reporting Safety Concern Teaching Recipient Patient Teaching Methods Dispussion, Verbal/Physical Prompt Evaluation of Learning Verbalizes Understanding 04/16/18 0600 Pain Assessment Kushka Sharfstein, R Pain Scale Used: Currently in Pain Y Pain Scale Used 1-10 Scale Location; Location Modifier Left Pain Location Elbow Description Tenderness, Dull Pain Intensity 2 of 10 Radiation Location L hand 4th finger Patfien CINT05 HAO 9TÏT FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 01/13/2023 DATE: 04/19/18 @ 0207 Interfaith Medical Center EDM *LIVE* PAGE 4 USER: MDENSON ED Summary Report Patient: MCINTOSHJAQUANN T Age/Sex: 31/M MR# I300293801 V# V008238126 ED Pro iden Mc©arthy.Jolm ND Pain Interventions Physician Notified, Breathing Exercises, Medication, Immobilization, Distraction, Heat Pack Education: Teaching Topic Pain Teaching Recipient Patient Patient education Relaxation, Heat/cold compresse, Distraction, Medication Report new onset of pain Evaluation of learning Verbalizes Understanding Q4/16/J8 GSDQ Vital Signs - Standard Units Hushka RH Sharfstein, Temocrature: Temperature (Fahrenheit) 97.7 Source Oral Pulse: Pulse Rate (adult) 54 Side Left Location Digit Method O2 Sat Monitor Respirations: Respiratory Rate 16 Effort Non-Labored Patt.ern Normal Pulse Oximetry 100 Oxvaen: Oxygen Delivery Method Room Air Blood Pressure: Systolic 112 Diastolic 66 Mean 81 Location Right Arm Source Automatic Cuff /Monitor Position Sitting #//14/18 2031 ShHt t9 Shift fand off Harie Joseph, RH H