Preview
FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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WILLIAM EFRAIN DELACRUZ, Index No.: 157576/2022
Plaintiff,
-against- CERTIFICATION
PURSUANT
ATLANTIC CHESTNUT I HOUSING DEVELOPMENT TO 22 NYCRR 130-1.1
FUND CORP. AND MONADNOCK CONSTRUCTION
INC.,
Defendants.
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The attorney's signature below shall be applicable to the following documents:
I. Demand for Addresses
II. Demand for Names and Addresses of Attorneys
III. Demand for Amount of Damages
IV. Demand for Statements
V. Demand for Collateral Source Reimbursement Information
VI. Demand for Names and Addresses of Witnesses
VII. Demand for Names and Addresses of Expert Witnesses
VIII. Notice Pursuant to CPLR §§3120 And 3121 to Produce Recordings of Defense
Medical, Vocational and/or Life Care Examinations/ Assessments
IX. Demand for Authorizations
X. Demand Pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007
XI. Notice to Produce Social Media Authorizations and To Preserve Social Media
Information
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XII. Notice to Produce Photographs
Dated: New York, New York
November 18, 2022 Yours, etc.,
FABIANI COHEN & HALL, LLP
John V. Fabiani _____
John V. Fabiani, Esq.
Attorneys for Defendants
MONADNOCK CONSTRUCTION, INC.,
MONADNOCK DEVELOPMENT LLC,
SAMARITAN-COMPASS VI HOUSING
DEVELOPMENT FUND CORPORTION and
COMPASS SIX OWNER LLC
570 Lexington Avenue, 4th Floor
New York, New York 10022
Phone: (212) 644-4420
Fax: (212) 207-8182
File No. 852.40074
To: GORAYEB & ASSOCIATES, P.C.
Attorneys for Plaintiff
WILLIAM EFRAIN DELACRUZ
100 William Street, Suite 1900
New York, New York 10038
(212) 267-9222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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WILLIAM EFRAIN DELACRUZ, Index No.: 157576/2022
Plaintiff,
-against- COMBINED DISCOVRY
DEMANDS
ATLANTIC CHESTNUT I HOUSING DEVELOPMENT
FUND CORP. AND MONADNOCK CONSTRUCTION
INC.,
Defendants.
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I. DEMAND FOR ADDRESSES
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendants hereby
demand a verified statement setting forth the present home address of the plaintiff, said statement
to be served upon the undersigned within twenty (20) days from the date of this demand.
II. DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 2103(e), you are hereby required
to furnish to the undersigned, within ten (10) days from the date hereof, the names and addresses
of the attorneys for the respective parties in this action who have appeared to date.
PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing demand
and you are required to inform the undersigned in writing of the names and addresses of the
attorneys for all parties as appearances are made on behalf of such parties.
III. DEMAND FOR AMOUNT OF DAMAGES
PLEASE TAKE NOTICE, that pursuant to CPLR §3017(c), demand is hereby made that
plaintiff serve upon the undersigned within fifteen (15) days hereof, a supplemental response
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setting forth those sums which plaintiff assert as and for damages with respect to each cause of
action alleged in the verified complaint.
IV. DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand is hereby made upon
all parties for copies of all statements whether oral, stenographic or written, signed or unsigned, of
defendants, its agents and/or employees. If there are no statements, please advise in writing.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
within twenty (20) days of the date of this demand, will serve as a basis of objection by the
undersigned to the use of such statements upon the trial of this matter.
V. DEMAND FOR COLLATERAL SOURCE
REIMBURSEMENT INFORMATION
PLEASE TAKE NOTICE, that the plaintiff is hereby required to produce for discovery,
inspection and copying by the undersigned counsel for defendants the following:
1. Any and all books, records, bills, insurance applications, insurance receipts,
cancelled checks, copies of checks and any and all other records pertaining to collateral source
reimbursements received by plaintiff or on behalf of plaintiff for the special damages alleged in
the instant lawsuit.
2. Duly executed authorizations permitting the defendants to obtain the records of any
person, institution, facility or governmental agency which has provided or will provide any
reimbursement for any of the special damages alleged herein whether or not such person,
organization, facility or governmental agency has been listed in response to Paragraph 1, above.
3. It is requested that the aforesaid production be made within twenty (20) days of the
date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will be
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made and copying will be done at defendants’ expense and the documents will be returned
promptly after copying has been completed.
VI. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby made that all
parties provide, within twenty (20) days, the names and addresses of all persons known to your
client or to you, as attorneys for your client, with respect to the following:
1. Any witnesses to the occurrence and/or events complained of in the complaint of
plaintiff.
2. Witnesses having knowledge of any alleged:
(a) Wrongful act, error or omission allegedly committed or omitted by:
(i) The party;
(ii) Any person or party not a defendant or third-party defendant in this
action.
(b) Any allegedly dangerous or defective condition with respect to any
premises, instrumentality or device;
The condition of the premises, instrumentality or device complained of in this
action:
(i) Within 30 days prior to the date of the occurrence or event;
(ii) At any time subsequent to the occurrence or event.
3. Any medical, dental, paramedical, hospital, clinic or mental health facility which
has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries
allegedly sustained, exacerbated or aggravated by reason of the circumstances or events
complained of in this action.
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4. Any persons having knowledge with respect to any conversations, communications
or writings with respect to the circumstances or events referred to in the complaint or in any
affirmative defense asserted by any party herein.
5. Any persons having knowledge with respect to any items of special or general
damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim by
any defendant or third-party defendant.
If you are unaware of any witnesses at this time, please provide a statement to that effect.
VII. DEMAND FOR NAMES AND ADDRESSES OF EXPERT WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information is
requested to be produced by all parties to the undersigned attorneys within twenty (20) days of the
date of this notice:
1. State the name and address of each person you expect to call to give expert
testimony at the trial of this action.
2. State the qualifications, including educational background and degrees,
publications, memberships in professional organizations and societies, certifications and licenses
and employment history of each person you expect to call to give expert testimony at the trial of
this action.
3. For each person you expect to call to give expert testimony at the trial of this action,
state the subject matter "in reasonable detail" of the testimony, opinions and conclusions to which
the expert will rely in formulating his opinions and conclusions, and the source or sources of the
expert's knowledge concerning such facts including, where applicable, the date, statistics, studies,
surveys, reports, test results, analyses and all other source material relied upon by the expert.
PLEASE TAKE FURTHER NOTICE that this demand is to be deemed a continuing
demand and all responsive information that subsequently is made known or becomes available to
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both plaintiff and defendants shall be furnished to the undersigned in a timely fashion. These
defendants will move at the time of trial, or prior thereto, to preclude the giving of testimony by
an expert from whom full and complete information has not been furnished in compliance with
this demand.
VIII. NOTICE PURSUANT TO CPLR §§3120 AND
3121 TO PRODUCE RECORDINGS OF DEFENSE
MEDICAL, VOCATIONAL AND/OR LIFE
CARE EXAMINATIONS/ ASSESSMENTS
PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR
§§3120 and 3121, that plaintiff produce the following at the office of the undersigned within
twenty (20) days following the completion of any defense medical, vocational and/or life care
examination(s) and/or assessment(s) of the plaintiff:
1. Complete, unredacted and unedited copy of recording(s) (audio, video,
electronic or otherwise), along with any outtakes, made at the defense medical
examination(s) and/or vocational rehabilitation assessment(s) and/or life care
plan assessment(s).
2. The unprocessed video footage in original and native format.
3. All photographs in original format.
4. All reports, documents and/or memoranda relating to the above requested
recording(s).
5. The names and addresses of the person or persons who made the recording(s).
6. All billing and time records of any person, company or firm who took the above
requested recording(s).
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7. Identify the manner in which the recording(s) was made and whether
permission was obtained from the subject and/or subjects prior to the
recording(s).
8. An identification of all video and still photography equipment used to capture
the above-requested recording(s), including manufacture numbers, model
numbers and serial numbers.
9. Identification of any computers used for video editing, including, software
identification and version used for editing the above requested recording(s).
10. Identity of all persons who participated in the editing and renderings of any
video clips with respect to the above requested recording(s).
11. The names and addresses of the person or persons who accompanied and were
present with plaintiff, if any, during the examination(s) and/or assessment(s) of
the plaintiff held in this action; and
12. The names and addresses of any person in possession of recordings (audio,
video, electronic or otherwise) made at the examination(s) and/or assessment(s)
held in this action.
PLEASE TAKE FURTHER NOTICE that you are required to respond to each and every
demand herein. In the event you cannot respond or do not possess such information you are
required to state so affirmatively together with an explanation for such.
PLEASE TAKE FURTHER NOTICE, that the undersigned reserves the right to move
to strike the case from the calendar and/or move for dismissal and/or preclusions for any failure to
comply with this continuing demand for discoverable materials.
PLEASE TAKE FURTHER NOTICE, upon your failure to comply with this demand,
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the undersigned will object at the time of trial of this action to the offering of any evidence of
related to and/or associated with the demand(s) contained herein.
IX. DEMAND FOR AUTHORIZATIONS
PLEASE TAKE NOTICE that, the undersigned demands, in accordance with provisions
of the Civil Practice Law and Rules and pertinent local court rules, plaintiff provide within twenty
(20) days, the following:
1. Duly executed authorization to obtain employment records of the plaintiff for the
years 2005 to present.
2. Duly executed authorization to obtain plaintiff’s W-2 records of the plaintiff for the
years 2005 to present.
3. Duly executed authorization to obtain Workers' Compensation Board file on the
plaintiff.
4. Duly executed authorization to obtain plaintiff's records from the Workers'
Compensation carrier.
5. Duly executed authorization to obtain plaintiff's Union Local records.
6. Duly executed authorization to obtain plaintiff's Union Pension Fund records.
7. Duly executed authorization to obtain plaintiff's Union Health and Welfare Fund
records.
8. Duly executed authorization to obtain plaintiff’s Union Disability records.
9. Duly executed authorization to obtain plaintiff’s federal tax returns for the years
2005 to present on IRS Form 4506 inclusive of two forms of plaintiff’s identification: preferably
with photographs.
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10. Duly executed authorization for all of plaintiff’s pharmaceutical records regarding
any prescriptions or medications.
11. Duly executed authorization for all of plaintiff’s health insurance plans/providers.
12. Duly executed authorization to obtain the ambulance call log and other related EMS
or private ambulance service records for plaintiff herein.
13. Duly executed authorization to obtain plaintiff records from the Social Security
Administration for benefits received in connection with the subject accident including but not
limited to disability benefits and survivor benefits.
14. A true and complete copy of plaintiff most recent Social Security Statement
showing all those earnings on which plaintiff have paid Social Security taxes during their working
years and a summary of the estimated benefits plaintiff and their family may receive as a result of
those earnings.
15. A duly executed authorization permitting the defendants to secure a copy of
plaintiff Social Security Statement directly from the Social Security Administration.
16. A duly executed authorization permitting the defendants to secure a copy of
plaintiff records from any agency that provided unemployment benefits for the years 2010 to
present.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall
make such motions at or prior to trial as are required for the protection of the interests of our client,
including the dismissal of this action or the preclusion from offering any evidence with respect to
documents mentioned in this demand.
X. DEMAND PURSUANT TO THE MEDICARE,
MEDICAID and SCHIP EXTENSION ACT OF 2007
PLEASE TAKE NOTICE that demand is hereby made, pursuant to CPLR § 3210(a) and
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the requirements of § 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C.
§§1395 (y)(b)(7) and (b) (8)), that plaintiff provide, serve and deliver to the undersigned the
following:
A. Plaintiff Medicare Health Insurance Claim Numbers (HICNs), Medicaid file
number, New York State (or other state) Department of Social Services (DSS) file
number, and/or Medicare Secondary Payor (MSP) file number, if applicable;
B. A copy of plaintiff Social Security Card;
C. If plaintiff have applied for or been awarded Medicare and/or Medicaid and/or DSS
and/or MSP benefits, all information/documentation related to the application
and/or award of said benefits;
D. If plaintiff have applied for or been awarded Supplementary Security Income (SSI)
or Social Security Disability Income (SSDI), all information/documentation related
to the application and/or award of said benefits:
E. If plaintiff have been diagnosed with or treated for end-stage renal failure:
(1) Copies of all written reports and medical records of all attending physicians
and healthcare providers related to said treatment; and
(2) Duly executed unrestricted authorizations enabling the defendants’
attorneys and representatives, to inspect, examine and copy the medical
reports, X-rays, films and/or diagnostic studies, notes and reports of all
attending and/or examining physicians and health care providers relating to
the diagnosis, etiology, treatment and prognosis of the injured plaintiff,
diagnosis with or treatment for end-stage renal failure. Defendants further
demand that a copy of the attached authorization for use and disclosure of
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health information and/or a specific authorization required by each provider
be executed and provided to the undersigned for use in conjunction with
this demand.
F. If plaintiff have been denied Medicare, Medicaid, SSI, and/or SSDI benefits,
provide all information/documentation concerning any such denial;
G. If plaintiff have appealed or intend to appeal the denial of Medicare, Medicaid, SSI,
and/or SSDI benefits, provide all information/documentation of any such appeal or
intent to appeal.
H. State whether Medicare, Medicaid and/or the Social Security Administration has a
lien on any potential award, judgment or settlement in this lawsuit and, if so, state
the amount of such liens and provide all information/documentation relative to
these liens.
PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR § 3122 govern this
demand and if the party to whom the notice is directed objects to the disclosure, inspection or
examination or withholds any documents which appear to be within the category of the documents
– required by the notice, compliance with CPLR § 3122 is required.
PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply
with any of these demands, defendants will apply to the Court for the appropriate relief including,
but not limited to, an Order compelling compliance pursuant to CPLR § 3124 and/or appropriate
relief pursuant to CPLR § 3126 and 22 N.Y.C.R.R. Part 130.
PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to
continue during the pendency of this action through and including the trial thereof and plaintiff
responses must be amended and supplemented properly in compliance with CPLR § 3101 (h).
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XI. NOTICE TO PRODUCE SOCIAL MEDIA
AUTHORIZATIONS AND TO PRESERVE
SOCIAL MEDIA INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR § 3120(a) and the holdings in Romano
v. Steelcase Inc., 30 Misc. 3d 426 (Suffolk Co., Sup. Ct. 2010) and Servelli v. Westchester, 2007-
19051 (Westchester Sup. Ct., December 22, 2010), plaintiff is hereby required to produce the
following items at the offices of FABIANI COHEN & HALL, LLP, within twenty (20) days of
the service hereof:
Duly executed original authorizations to obtain full access to and copies of all of plaintiff’s
current and historical social networking accounts, including but not limited to Facebook, MySpace,
Twitter, Linked In, You Tube, etc., for the period of five (5) years prior to the date of plaintiff’s
alleged accident through the present.
1) Said authorizations shall permit the release of full and complete copies of said
accounts including but not limited to: all records, information, photographs,
videos, comments, messages and postings on the aforementioned social
networking accounts currently existing and deleted.
2) Said authorizations shall include the name, user name, screen name and e-mail
account used in creating each and every social networking account.
In lieu of producing said items at the office of the undersigned, said authorizations may be
submitted by mail to the undersigned before the return date of the within Notice.
If plaintiff was not a registered user of any social network during the requested time period,
defendants demand a statement from plaintiff, under oath, to that effect.
IT IS FURTHER DEMANDED that plaintiff preserves and prevents/refrains from the
deletion of, all of plaintiff’s social networking profiles and information with respect to any current
and historical social networking accounts, including but not limited to Facebook, MySpace,
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Twitter, Linked-In, You Tube, etc., existing as of the date of this demand. Failure to retain social
networking profiles and information will result in a motion based on the spoliation of evidence at
or before trial.
XII. NOTICE TO PRODUCE PHOTOGRAPHS
PLEASE TAKE NOTICE, that pursuant to Article 31 et seq. of the Civil Practice Law
and Rules, you are hereby required to produce any and all photographs relative to the subject
incident. The photographs must be provided on CD, DVD or like media at full resolution or
downloaded from the camera in their native file format at maximum resolution to ensure the
preservation of all metadata.
PLEASE TAKE FURTHER NOTICE, that you are required to produce the requested
photographs within twenty (20) days of service upon you of this demand.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the terms
of the within demand, application will be made to the Court for such sanctions as are authorized
by the CPLR and objection will be made at the trial of this action to the introduction into evidence
of any photographs not exchanged pursuant to this demand.
PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid item(s)
at the time and place required in this Notice, a motion will be made to the Court for the appropriate
relief with costs.
Dated: New York, New York
November 18, 2022 Yours, etc.,
FABIANI COHEN & HALL, LLP
John V. Fabiani _____
John V. Fabiani, Esq.
Attorneys for Defendants
570 Lexington Avenue, 4th Floor
New York, New York 10022
Phone: (212) 644-4420
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To: GORAYEB & ASSOCIATES, P.C.
Attorneys for Plaintiff
WILLIAM EFRAIN DELACRUZ
100 William Street, Suite 1900
New York, New York 10038
(212) 267-9222
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FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X WILLIAM EFRAIN DELACRUZ, Index No.: 157576/2022 Plaintiff, -against- CERTIFICATION PURSUANT ATLANTIC CHESTNUT I HOUSING DEVELOPMENT TO 22 NYCRR 130-1.1 FUND CORP. AND MONADNOCK CONSTRUCTION INC., Defendants. -----------------------------------------------------------------------X The attorney's signature below shall be applicable to the following documents: I. Demand for Addresses II. Demand for Names and Addresses of Attorneys III. Demand for Amount of Damages IV. Demand for Statements V. Demand for Collateral Source Reimbursement Information VI. Demand for Names and Addresses of Witnesses VII. Demand for Names and Addresses of Expert Witnesses VIII. Notice Pursuant to CPLR §§3120 And 3121 to Produce Recordings of Defense Medical, Vocational and/or Life Care Examinations/ Assessments IX. Demand for Authorizations X. Demand Pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007 XI. Notice to Produce Social Media Authorizations and To Preserve Social Media Information [2692404/1] 1 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 XII. Notice to Produce Photographs Dated: New York, New York November 18, 2022 Yours, etc., FABIANI COHEN & HALL, LLP John V. Fabiani _____ John V. Fabiani, Esq. Attorneys for Defendants MONADNOCK CONSTRUCTION, INC., MONADNOCK DEVELOPMENT LLC, SAMARITAN-COMPASS VI HOUSING DEVELOPMENT FUND CORPORTION and COMPASS SIX OWNER LLC 570 Lexington Avenue, 4th Floor New York, New York 10022 Phone: (212) 644-4420 Fax: (212) 207-8182 File No. 852.40074 To: GORAYEB & ASSOCIATES, P.C. Attorneys for Plaintiff WILLIAM EFRAIN DELACRUZ 100 William Street, Suite 1900 New York, New York 10038 (212) 267-9222 [2692404/1] 2 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X WILLIAM EFRAIN DELACRUZ, Index No.: 157576/2022 Plaintiff, -against- COMBINED DISCOVRY DEMANDS ATLANTIC CHESTNUT I HOUSING DEVELOPMENT FUND CORP. AND MONADNOCK CONSTRUCTION INC., Defendants. -----------------------------------------------------------------------X I. DEMAND FOR ADDRESSES PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendants hereby demand a verified statement setting forth the present home address of the plaintiff, said statement to be served upon the undersigned within twenty (20) days from the date of this demand. II. DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS PLEASE TAKE NOTICE, that pursuant to CPLR Rule 2103(e), you are hereby required to furnish to the undersigned, within ten (10) days from the date hereof, the names and addresses of the attorneys for the respective parties in this action who have appeared to date. PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing demand and you are required to inform the undersigned in writing of the names and addresses of the attorneys for all parties as appearances are made on behalf of such parties. III. DEMAND FOR AMOUNT OF DAMAGES PLEASE TAKE NOTICE, that pursuant to CPLR §3017(c), demand is hereby made that plaintiff serve upon the undersigned within fifteen (15) days hereof, a supplemental response [2692404/1] 3 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 setting forth those sums which plaintiff assert as and for damages with respect to each cause of action alleged in the verified complaint. IV. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand is hereby made upon all parties for copies of all statements whether oral, stenographic or written, signed or unsigned, of defendants, its agents and/or employees. If there are no statements, please advise in writing. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within twenty (20) days of the date of this demand, will serve as a basis of objection by the undersigned to the use of such statements upon the trial of this matter. V. DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION PLEASE TAKE NOTICE, that the plaintiff is hereby required to produce for discovery, inspection and copying by the undersigned counsel for defendants the following: 1. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursements received by plaintiff or on behalf of plaintiff for the special damages alleged in the instant lawsuit. 2. Duly executed authorizations permitting the defendants to obtain the records of any person, institution, facility or governmental agency which has provided or will provide any reimbursement for any of the special damages alleged herein whether or not such person, organization, facility or governmental agency has been listed in response to Paragraph 1, above. 3. It is requested that the aforesaid production be made within twenty (20) days of the date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will be [2692404/1] 4 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 made and copying will be done at defendants’ expense and the documents will be returned promptly after copying has been completed. VI. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby made that all parties provide, within twenty (20) days, the names and addresses of all persons known to your client or to you, as attorneys for your client, with respect to the following: 1. Any witnesses to the occurrence and/or events complained of in the complaint of plaintiff. 2. Witnesses having knowledge of any alleged: (a) Wrongful act, error or omission allegedly committed or omitted by: (i) The party; (ii) Any person or party not a defendant or third-party defendant in this action. (b) Any allegedly dangerous or defective condition with respect to any premises, instrumentality or device; The condition of the premises, instrumentality or device complained of in this action: (i) Within 30 days prior to the date of the occurrence or event; (ii) At any time subsequent to the occurrence or event. 3. Any medical, dental, paramedical, hospital, clinic or mental health facility which has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries allegedly sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this action. [2692404/1] 5 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 4. Any persons having knowledge with respect to any conversations, communications or writings with respect to the circumstances or events referred to in the complaint or in any affirmative defense asserted by any party herein. 5. Any persons having knowledge with respect to any items of special or general damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim by any defendant or third-party defendant. If you are unaware of any witnesses at this time, please provide a statement to that effect. VII. DEMAND FOR NAMES AND ADDRESSES OF EXPERT WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information is requested to be produced by all parties to the undersigned attorneys within twenty (20) days of the date of this notice: 1. State the name and address of each person you expect to call to give expert testimony at the trial of this action. 2. State the qualifications, including educational background and degrees, publications, memberships in professional organizations and societies, certifications and licenses and employment history of each person you expect to call to give expert testimony at the trial of this action. 3. For each person you expect to call to give expert testimony at the trial of this action, state the subject matter "in reasonable detail" of the testimony, opinions and conclusions to which the expert will rely in formulating his opinions and conclusions, and the source or sources of the expert's knowledge concerning such facts including, where applicable, the date, statistics, studies, surveys, reports, test results, analyses and all other source material relied upon by the expert. PLEASE TAKE FURTHER NOTICE that this demand is to be deemed a continuing demand and all responsive information that subsequently is made known or becomes available to [2692404/1] 6 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 both plaintiff and defendants shall be furnished to the undersigned in a timely fashion. These defendants will move at the time of trial, or prior thereto, to preclude the giving of testimony by an expert from whom full and complete information has not been furnished in compliance with this demand. VIII. NOTICE PURSUANT TO CPLR §§3120 AND 3121 TO PRODUCE RECORDINGS OF DEFENSE MEDICAL, VOCATIONAL AND/OR LIFE CARE EXAMINATIONS/ ASSESSMENTS PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR §§3120 and 3121, that plaintiff produce the following at the office of the undersigned within twenty (20) days following the completion of any defense medical, vocational and/or life care examination(s) and/or assessment(s) of the plaintiff: 1. Complete, unredacted and unedited copy of recording(s) (audio, video, electronic or otherwise), along with any outtakes, made at the defense medical examination(s) and/or vocational rehabilitation assessment(s) and/or life care plan assessment(s). 2. The unprocessed video footage in original and native format. 3. All photographs in original format. 4. All reports, documents and/or memoranda relating to the above requested recording(s). 5. The names and addresses of the person or persons who made the recording(s). 6. All billing and time records of any person, company or firm who took the above requested recording(s). [2692404/1] 7 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 7. Identify the manner in which the recording(s) was made and whether permission was obtained from the subject and/or subjects prior to the recording(s). 8. An identification of all video and still photography equipment used to capture the above-requested recording(s), including manufacture numbers, model numbers and serial numbers. 9. Identification of any computers used for video editing, including, software identification and version used for editing the above requested recording(s). 10. Identity of all persons who participated in the editing and renderings of any video clips with respect to the above requested recording(s). 11. The names and addresses of the person or persons who accompanied and were present with plaintiff, if any, during the examination(s) and/or assessment(s) of the plaintiff held in this action; and 12. The names and addresses of any person in possession of recordings (audio, video, electronic or otherwise) made at the examination(s) and/or assessment(s) held in this action. PLEASE TAKE FURTHER NOTICE that you are required to respond to each and every demand herein. In the event you cannot respond or do not possess such information you are required to state so affirmatively together with an explanation for such. PLEASE TAKE FURTHER NOTICE, that the undersigned reserves the right to move to strike the case from the calendar and/or move for dismissal and/or preclusions for any failure to comply with this continuing demand for discoverable materials. PLEASE TAKE FURTHER NOTICE, upon your failure to comply with this demand, [2692404/1] 8 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 the undersigned will object at the time of trial of this action to the offering of any evidence of related to and/or associated with the demand(s) contained herein. IX. DEMAND FOR AUTHORIZATIONS PLEASE TAKE NOTICE that, the undersigned demands, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff provide within twenty (20) days, the following: 1. Duly executed authorization to obtain employment records of the plaintiff for the years 2005 to present. 2. Duly executed authorization to obtain plaintiff’s W-2 records of the plaintiff for the years 2005 to present. 3. Duly executed authorization to obtain Workers' Compensation Board file on the plaintiff. 4. Duly executed authorization to obtain plaintiff's records from the Workers' Compensation carrier. 5. Duly executed authorization to obtain plaintiff's Union Local records. 6. Duly executed authorization to obtain plaintiff's Union Pension Fund records. 7. Duly executed authorization to obtain plaintiff's Union Health and Welfare Fund records. 8. Duly executed authorization to obtain plaintiff’s Union Disability records. 9. Duly executed authorization to obtain plaintiff’s federal tax returns for the years 2005 to present on IRS Form 4506 inclusive of two forms of plaintiff’s identification: preferably with photographs. [2692404/1] 9 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 10. Duly executed authorization for all of plaintiff’s pharmaceutical records regarding any prescriptions or medications. 11. Duly executed authorization for all of plaintiff’s health insurance plans/providers. 12. Duly executed authorization to obtain the ambulance call log and other related EMS or private ambulance service records for plaintiff herein. 13. Duly executed authorization to obtain plaintiff records from the Social Security Administration for benefits received in connection with the subject accident including but not limited to disability benefits and survivor benefits. 14. A true and complete copy of plaintiff most recent Social Security Statement showing all those earnings on which plaintiff have paid Social Security taxes during their working years and a summary of the estimated benefits plaintiff and their family may receive as a result of those earnings. 15. A duly executed authorization permitting the defendants to secure a copy of plaintiff Social Security Statement directly from the Social Security Administration. 16. A duly executed authorization permitting the defendants to secure a copy of plaintiff records from any agency that provided unemployment benefits for the years 2010 to present. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall make such motions at or prior to trial as are required for the protection of the interests of our client, including the dismissal of this action or the preclusion from offering any evidence with respect to documents mentioned in this demand. X. DEMAND PURSUANT TO THE MEDICARE, MEDICAID and SCHIP EXTENSION ACT OF 2007 PLEASE TAKE NOTICE that demand is hereby made, pursuant to CPLR § 3210(a) and [2692404/1] 10 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 the requirements of § 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. §§1395 (y)(b)(7) and (b) (8)), that plaintiff provide, serve and deliver to the undersigned the following: A. Plaintiff Medicare Health Insurance Claim Numbers (HICNs), Medicaid file number, New York State (or other state) Department of Social Services (DSS) file number, and/or Medicare Secondary Payor (MSP) file number, if applicable; B. A copy of plaintiff Social Security Card; C. If plaintiff have applied for or been awarded Medicare and/or Medicaid and/or DSS and/or MSP benefits, all information/documentation related to the application and/or award of said benefits; D. If plaintiff have applied for or been awarded Supplementary Security Income (SSI) or Social Security Disability Income (SSDI), all information/documentation related to the application and/or award of said benefits: E. If plaintiff have been diagnosed with or treated for end-stage renal failure: (1) Copies of all written reports and medical records of all attending physicians and healthcare providers related to said treatment; and (2) Duly executed unrestricted authorizations enabling the defendants’ attorneys and representatives, to inspect, examine and copy the medical reports, X-rays, films and/or diagnostic studies, notes and reports of all attending and/or examining physicians and health care providers relating to the diagnosis, etiology, treatment and prognosis of the injured plaintiff, diagnosis with or treatment for end-stage renal failure. Defendants further demand that a copy of the attached authorization for use and disclosure of [2692404/1] 11 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 health information and/or a specific authorization required by each provider be executed and provided to the undersigned for use in conjunction with this demand. F. If plaintiff have been denied Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation concerning any such denial; G. If plaintiff have appealed or intend to appeal the denial of Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation of any such appeal or intent to appeal. H. State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, if so, state the amount of such liens and provide all information/documentation relative to these liens. PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR § 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents – required by the notice, compliance with CPLR § 3122 is required. PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with any of these demands, defendants will apply to the Court for the appropriate relief including, but not limited to, an Order compelling compliance pursuant to CPLR § 3124 and/or appropriate relief pursuant to CPLR § 3126 and 22 N.Y.C.R.R. Part 130. PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to continue during the pendency of this action through and including the trial thereof and plaintiff responses must be amended and supplemented properly in compliance with CPLR § 3101 (h). [2692404/1] 12 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 XI. NOTICE TO PRODUCE SOCIAL MEDIA AUTHORIZATIONS AND TO PRESERVE SOCIAL MEDIA INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR § 3120(a) and the holdings in Romano v. Steelcase Inc., 30 Misc. 3d 426 (Suffolk Co., Sup. Ct. 2010) and Servelli v. Westchester, 2007- 19051 (Westchester Sup. Ct., December 22, 2010), plaintiff is hereby required to produce the following items at the offices of FABIANI COHEN & HALL, LLP, within twenty (20) days of the service hereof: Duly executed original authorizations to obtain full access to and copies of all of plaintiff’s current and historical social networking accounts, including but not limited to Facebook, MySpace, Twitter, Linked In, You Tube, etc., for the period of five (5) years prior to the date of plaintiff’s alleged accident through the present. 1) Said authorizations shall permit the release of full and complete copies of said accounts including but not limited to: all records, information, photographs, videos, comments, messages and postings on the aforementioned social networking accounts currently existing and deleted. 2) Said authorizations shall include the name, user name, screen name and e-mail account used in creating each and every social networking account. In lieu of producing said items at the office of the undersigned, said authorizations may be submitted by mail to the undersigned before the return date of the within Notice. If plaintiff was not a registered user of any social network during the requested time period, defendants demand a statement from plaintiff, under oath, to that effect. IT IS FURTHER DEMANDED that plaintiff preserves and prevents/refrains from the deletion of, all of plaintiff’s social networking profiles and information with respect to any current and historical social networking accounts, including but not limited to Facebook, MySpace, [2692404/1] 13 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 Twitter, Linked-In, You Tube, etc., existing as of the date of this demand. Failure to retain social networking profiles and information will result in a motion based on the spoliation of evidence at or before trial. XII. NOTICE TO PRODUCE PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Article 31 et seq. of the Civil Practice Law and Rules, you are hereby required to produce any and all photographs relative to the subject incident. The photographs must be provided on CD, DVD or like media at full resolution or downloaded from the camera in their native file format at maximum resolution to ensure the preservation of all metadata. PLEASE TAKE FURTHER NOTICE, that you are required to produce the requested photographs within twenty (20) days of service upon you of this demand. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the terms of the within demand, application will be made to the Court for such sanctions as are authorized by the CPLR and objection will be made at the trial of this action to the introduction into evidence of any photographs not exchanged pursuant to this demand. PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid item(s) at the time and place required in this Notice, a motion will be made to the Court for the appropriate relief with costs. Dated: New York, New York November 18, 2022 Yours, etc., FABIANI COHEN & HALL, LLP John V. Fabiani _____ John V. Fabiani, Esq. Attorneys for Defendants 570 Lexington Avenue, 4th Floor New York, New York 10022 Phone: (212) 644-4420 [2692404/1] 14 of 15 FILED: NEW YORK COUNTY CLERK 11/18/2022 07:08 PM INDEX NO. 157576/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/18/2022 To: GORAYEB & ASSOCIATES, P.C. Attorneys for Plaintiff WILLIAM EFRAIN DELACRUZ 100 William Street, Suite 1900 New York, New York 10038 (212) 267-9222 [2692404/1] 15 of 15