Preview
. INDEX NO. 506743/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/17/2019
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At a Centralized Compliance Part of the
Supreme Court of the State of New York, held
in and for the County of Kin; at the
Courthouse, located at Civic Ee
nter, Bo: rough
and State of New ¥ ork, on the
ae rooklyn,
jay 0 _ »20__
PRES ENT: ( I -
HON.
CAL. NO.
YO es
Justice/JHO
Sete
eran Shaecracdeweewant aaeaues -X
Kh lsd CA Plaintifffs), INDEX NO. PBF
-against- Gc ON CONSENT
LA bear, cal Defendant(s)
G ON DEFAULT ORDER
JXAFTER ORAL ARGUMENT
a Wenewenene: aw X
The followin;
Notice of Mo’ tion: der to Show é
rs number 1 lO read on this motion
‘ause
Papers Numberet
(-“L_
ae
3 “3 F
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and Affidavits (Affirmations) Annexed
Answering Affidavit (Affirmation)
Atha A idavit (Affirmation)
vit (Affirmation
Pleadings-Exhibits
Stipulations-Minutés_
Filed Papers
\ NON
Mc EXT For Clerk’s Use On cked: ENTER:
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ee
Motion Seq. # a0 O Complex
J.S.C/J.H.-
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PRINT FIRM NAME SIGNATURE
ATTORNEY FIRM by. FOR PLAINTIFF(S). enemy
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ATTORNEY FIRM. by. FOR DEFENDANT(S) a ce
ATTORNEY FIRM. _by, FOR DEFENDANT(S), O<
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ATTORNEY FIRM. by. FOR DEFENDANT(S) so
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Page dot Z
CAS-rev. 09-2014
1 of 2
* INDEX NO. 506743/2017
NYSCEF DOC. NO. 52 RECEIVED Sees pry 7
. .
PAGE2 of Z- Khal.tova
Hakeem
Upon the foregoing cited papers, Defendants motion to compel and preserve discovery is
granted to the following extent
Plaintiff shall provide HIPAA compliant authorizations releasing the plaintiff's medical
treatment records, report, diagnostic testing results, collateral source records, no fault records for:
Sudha Patel, Metropolitan Surgical Institute, Island Ambulatory Surgery Center, Michael
Gerling, Joseph Broga, St. Kyrollos, Stand Up MRI of Bensonhurst, City Wide Health Facility
Gramercy Park Physical Therapy PC, Wonder touch PC, 12 Meridians Acupuncture P.C and the
Center for Musculoskeletal Disorders:
HIPAA-compliant authorizations releasing the plaintiff's income tax returns and documents from
the IRS with copies of two photo identifications, for the two years prior to the subject accident, to
the present.
HIPPA-compliant authorizations releasing the plaintiff's EMS/FDNY and/or other ambulance
records from the date of the accident:
Photographs of any vehicle involved in the accident or thee accident scene or of any of the parties
herein following the accident.
Plaintiff is hereby directed to turnover any social media photos or videos in both public
and private partitions, that exist, limited to the claims in the plaintiff's Bill of Particulars, relating
to walking, bending, climbing stairs, lifting/carrying heavy objects, exposing the areas of the
body scarred in public and or engaging in sports and water activities from the date of the loss
until present, with the exception of full frontal nudity and romantic encounters.
Plaintiff shall preserve and not delete all emails, social media accounts, texts,
WHATSAPP accounts, smart phones, apps on the smartphone, laptops, tablets, cameras, go
cams, photographs, videos, tags from the date of loss until present
The turnover of this discovery shall be accomplished on or before February 9, 2019.
This constitutes the decision and order of the Court
CO C#
Zee CC 3
January 9, 2019 ON. LIZETTE COLON ae
A.J.S.C.
Hon. Lizette Chon rs
Dae! Oe
-OQ
3a m
= pz
me
o
2 of 2
Preview
. INDEX NO. 506743/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/17/2019 ~ . > At a Centralized Compliance Part of the Supreme Court of the State of New York, held in and for the County of Kin; at the Courthouse, located at Civic Ee nter, Bo: rough and State of New ¥ ork, on the ae rooklyn, jay 0 _ »20__ PRES ENT: ( I - HON. CAL. NO. YO es Justice/JHO Sete eran Shaecracdeweewant aaeaues -X Kh lsd CA Plaintifffs), INDEX NO. PBF -against- Gc ON CONSENT LA bear, cal Defendant(s) G ON DEFAULT ORDER JXAFTER ORAL ARGUMENT a Wenewenene: aw X The followin; Notice of Mo’ tion: der to Show é rs number 1 lO read on this motion ‘ause Papers Numberet (-“L_ ae 3 “3 F TT and Affidavits (Affirmations) Annexed Answering Affidavit (Affirmation) Atha A idavit (Affirmation) vit (Affirmation Pleadings-Exhibits Stipulations-Minutés_ Filed Papers \ NON Mc EXT For Clerk’s Use On cked: ENTER: seef MD O Standard ee Motion Seq. # a0 O Complex J.S.C/J.H.- =\ PRINT FIRM NAME SIGNATURE ATTORNEY FIRM by. FOR PLAINTIFF(S). enemy —< ATTORNEY FIRM. by. FOR DEFENDANT(S) a ce ATTORNEY FIRM. _by, FOR DEFENDANT(S), O< Q ATTORNEY FIRM. by. FOR DEFENDANT(S) so m Dp ATTORNEY FIRM. by. FOR DEFENDANT(S), —_qa— = Page dot Z CAS-rev. 09-2014 1 of 2 * INDEX NO. 506743/2017 NYSCEF DOC. NO. 52 RECEIVED Sees pry 7 . . PAGE2 of Z- Khal.tova Hakeem Upon the foregoing cited papers, Defendants motion to compel and preserve discovery is granted to the following extent Plaintiff shall provide HIPAA compliant authorizations releasing the plaintiff's medical treatment records, report, diagnostic testing results, collateral source records, no fault records for: Sudha Patel, Metropolitan Surgical Institute, Island Ambulatory Surgery Center, Michael Gerling, Joseph Broga, St. Kyrollos, Stand Up MRI of Bensonhurst, City Wide Health Facility Gramercy Park Physical Therapy PC, Wonder touch PC, 12 Meridians Acupuncture P.C and the Center for Musculoskeletal Disorders: HIPAA-compliant authorizations releasing the plaintiff's income tax returns and documents from the IRS with copies of two photo identifications, for the two years prior to the subject accident, to the present. HIPPA-compliant authorizations releasing the plaintiff's EMS/FDNY and/or other ambulance records from the date of the accident: Photographs of any vehicle involved in the accident or thee accident scene or of any of the parties herein following the accident. Plaintiff is hereby directed to turnover any social media photos or videos in both public and private partitions, that exist, limited to the claims in the plaintiff's Bill of Particulars, relating to walking, bending, climbing stairs, lifting/carrying heavy objects, exposing the areas of the body scarred in public and or engaging in sports and water activities from the date of the loss until present, with the exception of full frontal nudity and romantic encounters. Plaintiff shall preserve and not delete all emails, social media accounts, texts, WHATSAPP accounts, smart phones, apps on the smartphone, laptops, tablets, cameras, go cams, photographs, videos, tags from the date of loss until present The turnover of this discovery shall be accomplished on or before February 9, 2019. This constitutes the decision and order of the Court CO C# Zee CC 3 January 9, 2019 ON. LIZETTE COLON ae A.J.S.C. Hon. Lizette Chon rs Dae! Oe -OQ 3a m = pz me o 2 of 2