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  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
  • Howard Zelin v. Naqib Noory, Karima NooryTorts - Motor Vehicle document preview
						
                                

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FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 Index #: 612627/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) VERIFIED ANSWER WITH DEMANDS - against - Index No: 612627/2022 NAQIB NOORY and KARIMA NOORY, Defendant(s) CERTIFICATION PURSUANT TO SECTION 130-1.1a OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR) The undersigned certifies the following documents pursuant to 22NYCRR Section 130-1.1a: Verified Answer to Verified Complaint, Demand for a Verified Bill of Particulars, Combined Demand for Discovery and Inspection, Notice to Take Deposition Upon Oral Examination, Refusal to Accept Service by Facsimile Transmission, and Notice to Submit to Physical Examination. DATED: Melville, New York November 22, 2022 ___________________________________ J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 TO: Beal & Beal, Esqs. Attorneys for Plaintiff(s) 34 Birchwood Park Crescent Jericho, New York 11753 631-396-0090 1 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) VERIFIED ANSWER - against - Index #: 612627/2022 NAQIB NOORY and KARIMA NOORY, Defendant(s) Defendant(s) Naqib Noory and Karima Noory, by the undersigned answering the VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows: ANSWERING A FIRST CAUSE OF ACTION FIRST: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as: 1, 4, 8, 9 and 10. SECOND: Denies each and every allegation contained in paragraphs numbered and designated as: 11, 12, 13, 14, 15 and 16. THIRD: Admits each and every allegation contained in paragraphs numbered and designated as: 2, 3, 5, 6 and 7. AS AND FOR AN AFFIRMATIVE DEFENSE – COMPARATIVE NEGLIGENCE The personal injuries and/or property damage alleged to have been sustained by the plaintiff(s) were caused entirely or in part through the culpable conduct attributable to the plaintiff(s) and the defendant seeks a dismissal or reduction in any recovery had by the plaintiff in the proportion which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which caused the damages. AS AND FOR AN AFFIRMATIVE DEFENSE – SEAT BELT The plaintiff(s) damages must be mitigated by the plaintiff(s) failure to use the available seat belts or infant restraining devices and that the damages claimed to have been sustained were caused by the lack of use of said seat belts and/or infant restraining devices. AS AND FOR AN AFFIRMATIVE DEFENSE – ASSUMPTION OF THE RISK The injuries and damages allegedly suffered by the plaintiff(s) were sustained while he was engaged in an activity that the plaintiff(s) entered knowing the risks inherent therein and which risks were assumed by plaintiff(s). AS AND FOR AN AFFIRMATIVE DEFENSE – COLLATERAL SOURCE The costs incurred, or paid by plaintiff(s), if any, for medical care, dental care, custodial care or rehabilitation services, loss of earning or other economic loss, in the past or future, were or will, 2 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 with reasonable certainty be replaced or indemnified, in whole or in part, from a collateral source of the type described in CPLR §4545 and defendant is entitled to have any award reduced in the amount of such payments. AS AND FOR AN AFFIRMATIVE DEFENSE – GENERAL OBLIGATIONS LAW Plaintiff(s) recovery must be offset by a settlement pursuant General Obligations Law section 15-108. WHEREFORE, defendant(s) demand(s) judgment dismissing the plaintiff(s) complaint herein together with the costs and disbursements of this action. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 3 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 VERIFICATION J. Cavin Flores, an attorney admitted to practice in the Courts of the State, and associated with the firm of SETTE & APOZNANSKI, attorneys for the defendant(s) Naqib Noory and Karima Noory, states: That your affirmant has read the foregoing Answer and knows the contents thereof; that the same is true to your affirmant's own knowledge except as to the matters which are stated therein to be alleged on information and belief, and as to those matters your affirmant believes it to be true. The source of your affirmant's information and belief, is an investigation caused to be made with respect to the facts in this action. That the reason this verification is made by affirmant and not by the defendant is because the defendant does not reside within the county where SETTE & APOZNANSKI, maintain their office. The undersigned affirms that the foregoing statement is true, under penalties of perjury. Date: Melville, New York November 22, 2022 _______________________________________ J. Cavin Flores, Esq. 4 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) DEMAND FOR A VERIFIED - against - BILL OF PARTICULARS NAQIB NOORY and KARIMA NOORY, Defendant(s) PLEASE TAKE NOTICE that the defendant(s) Naqib Noory and Karima Noory, hereby demands that you serve upon the undersigned within thirty days from date of service herein, a verified bill of particulars concerning the following matters: 1. Name, date of birth and social security number of plaintiff(s). 2. State all names by which plaintiff(s) have been known. 3. Marital status of plaintiff(s) now and on the date of the occurrence. 4. Post office and residence address of plaintiff in sufficient detail to permit ready location. 5. The date and approximate time of day of the occurrence. 6. The approximate location of the occurrence. 7. A general statement of the acts or omissions, constituting the negligence claimed. If any violation of any rule, law, custom, ordinance or statute is claimed, identify and specify the provision of same. 8. A statement of the injuries claimed to have been sustained as a result of the occurrence and the nature and extent thereof. 9. A statement of such injuries claimed to be permanent and the nature and extent thereof. 10. Length of time and dates confined to bed. 11. Length of time and dates confined to house. 12. Length of time totally incapacitated from employment and/or school. 13. Length of time partially incapacitated from employment and/or school. 14. Itemize all accounts claimed as special damages for (a) physician's services; (b) medical supplies; (c) hospital expenses; (d) nurse's services; (e) loss of earnings; (f) all other special damages; and (g) all out of pocket expenses. 15. Specify the monetary amount that will be claimed at trial for each and every element of damages. 16. State the name and address of plaintiff's employer and position held, and/or school at the time of the occurrence, if any. 17. If plaintiff was self-employed at the time of the occurrence, state the facts upon which plaintiff bases his claim for loss of earnings, if any. 18. If property damages are claimed, describe the article, the damage thereto, date of purchase, original cost, and cost of repair. 19. If property damage to automobile is claimed, state the following: (a) The make, style, model, year of manufacture, serial number and license number of plaintiff's motor vehicle; (b) The parts of the motor vehicle alleged to have been damaged and the cost of repair or replacement 5 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 thereof; (c) Number of miles driven at time of occurrence; (d) The length of time, and the amount, claimed for loss of use. 20. If monetary damage due to the loss of use of an automobile is claimed, state the length of time claimed for the loss of use, the amount claimed, and the particulars by which the amount was calculated. 21. In what respect plaintiff has sustained serious injury as defined in subdivision d of Sec. 5102 of the insurance law, or economic loss greater than basic economic loss, as defined in subdivision a of Sec.5102 of the insurance law. 22. State the source or sources of collateral reimbursements or benefits pursuant to CPLR 4545(c) and for each such source provide the following: (a) the name and address of the source; (b) the amount of the reimbursement; and (c) the date that reimbursement was given. 23. Please state whether plaintiff(s) receive or received Medicare benefits and, if so, provide plaintiff(s) Health Insurance Claim Number (HICN). 24. Pursuant to CPLR Section 3101(d); a) Identify and state the qualifications of each person whom you expect to call at trial as an expert witness. b) State the subject matter in reasonable detail upon which the expert is expected to testify. c) Provide the facts and opinions upon which the expert is expected to testify. d) Provide a summary of the grounds of each such opinion. e) Provide a copy of the expert's report furnished to plaintiff. PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the undersigned will move for: (1) an order precluding plaintiff from giving evidence at the trial of the items of which particulars have not been furnished; (2) an order staying all proceedings in this action pursuant to Civil Practice Law and Rule 3042; and (3) such other and further relief as the court may deem just and proper. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 6 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) COMBINED DEMAND FOR - against - DISCOVERY AND INSPECTION NAQIB NOORY and KARIMA NOORY, Defendant(s) PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the undersigned, the following: DEMAND FOR INDEX NUMBER Pursuant to the filing requirements of Section 306-a of the C.P.L.R. and the notice requirements of 22 N.Y.C.R.R. 202.5, you are to advise in writing of the County Clerk's Index Number assigned to this action. DEMAND FOR ALL PARTIES APPEARING A list of names of all parties that have appeared in this action, together with the names and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R. DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON COUNTERCLAIM AND/OR CO-DEFENDANT(S) Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect and copy the contents of any insurance agreement under which any person or entity carrying on an insurance business may be liable to satisfy part or all of the judgment which may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including by not limited to excess and additional coverage. If there is no excess or additional coverage and there is the only one insurer liable to satisfy part or all of a judgment which may be entered in this action, then the undersigned demands a sworn affidavit from your client stating this. DEMAND FOR WITNESSES Pursuant to C.P.L.R. 3101(a) and this demand, you are requested to produce and permit discovery by the undersigned or another acting on their behalf of the following: Names and addresses of all persons that: 1. witnessed the occurrence, 7 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 2. have knowledge of the nature and duration of any alleged condition(s) proximately causing this occurrence, 3. witnessed or have firsthand knowledge of notice given to the party(ies) we represent and/or any other party in this action, 4. have firsthand knowledge of facts and circumstances regarding this occurrence, 5. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence, 6. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence that you intend to call as witnesses at trial. PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives, obtain names and addresses of such persons subsequent to their response to this notice, such information is to be furnished to the undersigned whenever so obtained. The undersigned will object at the time of trial of this action the testimony of any persons not so identified. DEMAND FOR EXPERT WITNESSES 1. The name and address of each expert witness which you expect to call at the trial of this action. 2. The subject matter in reasonable detail upon which each such expert is expected to testify. 3. The substance of the facts and opinions upon which each such expert is expected to testify. 4. The qualifications of each such expert witness. 5. A summary of the grounds for each such expert(s) opinion. 6. Provide a copy of each such expert's report furnished to you or your client(s). PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call as a witness on the trial of this action intends to rely upon or introduce into evidence any portion of any technical standard or learned treatise, you are hereby required to identify any such standard or treatise, including in the case of standards, the issuing body and the standard number; in the case of books, author, title, publication date and publisher; and in the case of journal articles, journal title, volume number, page, publication date and publisher. DEMAND FOR ACCIDENT REPORTS All accident reports and/or motor vehicle accident reports in your client(s)' possession, pursuant to C.P.L.R. 3101(g). DEMAND FOR STATEMENT 8 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 Copy(ies) of each and every written statement or the transcript of each and every oral statement which it will be alleged was made by or attributed to the party(ies) we represent in this action. If none, so state. DEMAND FOR PHOTOGRAPHS Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)' possession, pertaining to the accident site, defective conditions(s) claimed and/or instrumentality(ies) in issue. DEMAND FOR INCOME TAX RETURNS Copies of plaintiff'(s) income tax returns for a period of three (3) years preceding the date of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed, acknowledged and current authorization allowing this office to obtain the plaintiff's tax records for a period of three (3) years before the accident in question. This authorization must include two forms of identification, including one photo identification. DEMAND FOR SCHOOL AUTHORIZATIONS Set forth duly executed and acknowledged authorizations that expire upon the conclusion of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the school records of the plaintiff(s) from the beginning of the school year preceding the date of accident as set forth in the complaint to the present period of any disability claimed. DEMAND FOR EMPLOYMENT AUTHORIZATIONS Set forth duly executed and acknowledged authorizations that expire upon the conclusion of litigation pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment records of the plaintiff(s) from three (3) years preceding the date of accident as set forth in plaintiff(s) complaint to the present period of any disability claimed. DEMAND FOR NO-FAULT RECORDS If a claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE XVIII of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application and/or claim: 1. Set forth the name, address, policy number and claim number of each company to which a claim has been made or will be made. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in the response to the above. 9 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 DEMAND FOR WORKER'S COMPENSATION RECORDS If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the Worker's Compensation Law, with respect to each and every application: 1. Set forth name, address, policy number to which a claim has been or will be made, together with the Worker's Compensation Board file number. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in response to the above. DEMAND FOR DISABILITY RECORDS If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social Security Laws, with respect to each and every application and/or claim: 1. Set forth the claim office, address and the claim number assigned. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation enabling the undersigned to obtain copies of the records relating to the plaintiff(s). DEMAND FOR INFORMATION ON COLLATERAL SOURCE A statement pursuant to C.P.L.R. 4545(c), in writing, under oath, setting forth the following: 1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e) loss of earnings, or (f) other economic loss that was or will be replaced or indemnified by (a) insurance, (b) Social Security, (c) worker's compensation, (d) employee benefit programs or (e) other source, not including No-Fault basic economic loss in automobile cases, which the plaintiff(s) intend to prove as special damages. 2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period preceding the accrual of his/her/their cause of action. 4. The amount of premiums actually paid by the plaintiff(s) between the accrual of his/her/their cause of action and the present date. 5. The projected future costs of the plaintiff(s) maintaining such benefits. 10 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 DEMAND FOR MEDICAL INFORMATION 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff(s) for each of the conditions alleged caused by, or exacerbated by, the occurrence described in the complaint including the date of such treatment or examination. 2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to any hospital(s), clinics, or other health care facility in which the plaintiff(s) herein claiming injury, consulted, examined or treated due to the occurrence set forth in the complaint, authorizing the undersigned to obtain a copy of: the entire record or records including x-rays, and technicians' reports and a separate authorization for intraoperative photographs. 3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the undersigned to obtain copies of the complete office medical records relating to the plaintiff(s) from each physician or health care provider identified in (1) above. 4. Medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-ray and technicians’ reports which will be offered at the trial, including a description of the injuries, a diagnosis and a prognosis. 5. If wrongful death is claimed, duly executed and acknowledged written authorizations (HIPAA compliant) to allow the undersigned to obtain copies of the complete autopsy or post mortem reports; also including but not limited to, pathology and toxicology testing. 6. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is hereby made with respect to the pre-existing condition or injury for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc. from all physicians, health care providers, hospitals, health care facilities, physical therapists, chiropractors, etc., that treated or examined plaintiff(s); b) the films and reports of all diagnostic tests (including, but not limited to MRIs,CT scans and x-rays) that were taken as a result of the prior accident/injury; c) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and 11 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 e) copies of the complete legal files and no-fault files (if applicable) 7. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical treatment then with respect to that prior treatment, demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc. from all physicians, health care providers, hospitals, health care facilities physical therapists, chiropractors, etc. that treated plaintiff(s); b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken; c) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and e) copies of the complete legal files and no-fault files (if applicable). 8. If since the date of the accident complained of in plaintiff’(s) complaint, plaintiff(s) have re- injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc., all physicians, health care providers, hospitals, physical therapists, chiropractors, etc. that treated plaintiff(s) as a result of the re-injury; b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken as a result of the re-injury; c) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s) as a result of the re-injury; and d) copies of the complete legal files and no-fault files (if applicable) relating to the re- injury. PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration date of, “the completion of litigation". PLEASE TAKE FURTHER NOTICE that each of these authorizations must include complete names, addresses, and any and all pertinent identifying information. 12 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25) days of the date of these demands at the office of: SETTE & APOZNANSKI, 2 Huntington Quadrangle, STE 1N01, Melville, New York 11747. COMPLIANCE may be effectuated by sending true copies of the requested material, where applicable, to the undersigned before the due date herein. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands, the party(ies) we represent shall make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 13 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) NOTICE TO TAKE DEPOSITION - against - UPON ORAL EXAMINATION NAQIB NOORY and KARIMA NOORY, Defendant(s) Please take notice that, pursuant to Article 31 of the Civil Practice Law and Rules, the testimony, upon oral examination of the plaintiff(s) and co-defendant(s) as an Adverse Party(ies) will be taken before a Notary Public who is not an attorney, or employee of an attorney for any party or prospective party herein, and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, shall be taken at THE ABOVE CAPTIONED COURTHOUSE on a date and time to be set at a preliminary conference with respect to necessary evidence and material in the prosecution or defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on February 4, 2022, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: all relevant material. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 14 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) REFUSAL TO ACCEPT SERVICE BY FACSIMILE TRANSMISSION - against - Index No: 612627/2022 NAQIB NOORY and KARIMA NOORY, Defendant(s) PLEASE TAKE NOTICE that SETTE & APOZNANSKI, attorneys for defendant(s), Naqib Noory and Karima Noory, does not accept service by electronic transmission (“FAX") except upon written permission given at least twenty-four (24) hours prior to such service. Listing a FAX number on the office letterhead is not consent to service of litigation papers by such method. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 15 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) NOTICE TO SUBMIT TO PHYSICAL EXAMINATION - against - Index No: 612627/2022 NAQIB NOORY and KARIMA NOORY, Defendant(s) PLEASE TAKE NOTICE that defendant, Naqib Noory and Karima Noory, by attorney, SETTE & APOZNANSKI, require that plaintiff submit to physical examination(s) on a date after examination(s) before trial are completed and after all pertinent medical information has been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17. PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule a date and location for the physical examinations. DATED: Melville, New York November 22, 2022 J. Cavin Flores, Esq. SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory 2 Huntington Quadrangle, STE 1N01 Melville, New York 11747 516-229-4552 855-459-7682 cflores@geico.com Our File No: 22-0129566 Claim No: 0407507240101044 16 of 17 FILED: NASSAU COUNTY CLERK 11/23/2022 04:18 PM INDEX NO. 612627/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/23/2022 Index #: 612627/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HOWARD ZELIN, Plaintiff(s) VERIFIED ANSWER WITH DEMANDS - against - Index No: 612627/2022 NAQIB NOORY and KARIMA NOORY, Defendant(s) SETTE & APOZNANSKI Attorneys for Defendant(s) Naqib Noory and Karima Noory Office and Post Office Address 2 Huntington Quadrangle STE 1N01 Melville, New York 11747 516-229-4552 ------------------------------------------------------------------------------------------------------------------------------- TO: Beal & Beal, Esqs. Attorneys for Plaintiff(s) 34 Birchwood Park Crescent Jericho, New York 11753 631-396-0090 ------------------------------------------------------------------------------------------------------------------------------- Due and timely service of a copy of the within VERIFIED ANSWER WITH DEMANDS is hereby admitted. Dated November 22, 2022 Attorney(s) for Naqib Noory and Karima Noory ------------------------------------------------------------------------------------------------------------------------------- 17 of 17